UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


THE 


POLITICAL    CODE. 


THE 

POLITICAL    CODE 

OF  THE 

STATE   OF   CALIFORNIA, 


AS    ENACTED    IN    1872,    AND    AMENDED   UP   TO    AND    INCLUDING 

1905,     WITH     STATUTORY     HISTORY     AND     CITATION 

DIGEST    UP    TO    AND    INCLUDING    VOLUME 

147    OF    CALIFORNIA    REPORTS. 


EDITED    BY 

JAMES   H.    DEERING, 

Of  the  San  Francisco  Bar. 
STATUTORY    HISTORX    AND    CITATION    DIGEST    BY 

WALTER  S.   BRANN, 

Of  the  San  Francisco  Bar. 
CONSOLIDATED  AND  EDITED  JUNE  1,   1906,   BY 

R.  M.  SIMS, 

Of  the  San  Francisco  Bar. 


SAN    FRANCISCO: 
BANCROFT-WHITNEY   COMPANY, 

Law  Publishers  and  Law  Booksellers. 

1906. 


Q36 


Cb 


CopTTight  1903. 
BANCROFT-WHITNEY  COMPANY. 

Copyright  1906. 
BANCROFT-WHITNEY  COMPANY. 


SAN    FRANCISCO: 

THE    FIRMER    BROTHERS    ELECTROTTPB    CO., 

Typographers    and    Stereotypers. 

1906. 


ANALYSIS  OF  THE  CONTENTS. 


PRELIMINARY   PROVISIONS,   §§   2-20. 


PART  I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF  THE 
STATE,  ETC.,  §§  30-60. 


PART  II. 

POLITICAL   DIVISIONS   OF  THE   STATE,   §§   75-208. 


PART  III. 

GOVERNMENT   OF   THE   STATE,   §§   220-3900. 


PART  IV. 

GOVERNMENT  OF  COUNTIES,  ETC.,  §§  3901-4459. 


PART  V. 

SOURCES   OF  LAW  AND  EFFECT  OF  CODES,  §§   4466- 

4505. 


,«  „  ADDEFDA. 


GENERAL  LAWS   ON   SUBJECTS   EMBRACED   IN  THE 
POLITICAL   CODE. 

(5) 


SUMMAEY  OF  CONTENTS. 


PAET  I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF  THE  STATE, 
AND  OF  THE  POLITICAL  RIGHTS  AND  DUTIES 
OF  ALL  PERSONS  SUBJECT  TO  ITS  JURISDIC- 
TION, §§  30-60. 

Sovereignty  of  the  State,  Title  I,  §§  30-44. 

Residence  of  sovereignty,  ctiapter  I,  §  30. 

Territorial  jurisdiction  of  the  state,  chapter  II,    §§  33,  34. 

General  rights  of  the  state  over  persons,  chapter  III, 

§  37. 
General  rights  of  the  state  over  property,  chapter  IV, 
§§   40-44. 
Persons    Composing    the    People    of   the    State,    Title    II, 

§§  50-52. 
Political   Rights  and  Duties  of  all  Persons  Subject  to  the 
Jurisdiction  of  the  State,  Title  III,  §§  54-60. 


PART  II. 

OF  THE  CHIEF  POLITICAL  DIVISIONS,  SEAT  OF 
GOVERNMENT,  AND  LEGAL  DISTANCES  OF  THE 
STATE,  §§  75-208. 

Chief  Political  Divisions  of  the  State,  Title  I,  §§  75-142. 
Counties,  chapter  I,  §  75. 

Senatorial  districts,  chapter  II,  §§  78-106.     (Superseded.) 
Congressional    districts,    chapter  III,   §   117.      (Super- 
seded.) 
Judicial  districts,  chapter  IV,  §§  125-142.     (Repealed.) 

Seat  of  Government,  Title  II,  §  145. 

Legal  Distances  in  the  State,  Title  III,  §§  150-208. 

(7) 


SUMMARY  OF  CONTENTS. 


PART  III. 

OF  THE  GOVERNMENT  OF  THE  STATE,  §§  220-3900. 

Public  Officers,  Title  I,  §§  220-1032. 

Classification  of  t)ubli?  officers,  chapter  I,  §  220. 

Legislative  officers,  chapter  II,  §§  225-337. 

Executive  officers,  chapter  III,  §§  341-715. 

Judicial  officers,  chapter  IV,  §  726. 

Salaries  of  judicial  officers,  chapter  V,  §§  736-739. 

Ministerial  and  other  officers  connected  with  the 
courts,  chapter  VI,   §§  749-831. 

General  provisions  relative  to  different  classes  of  offi- 
cers, chapter  VII,  §§  841-1032. 

Of  Elections,  Title  II,  §§  1041-1380. 

General    provisions    relating    to    elections,   chapter  I, 

§§  1041-1080. 
Qualifications  and  disabilities  of  electors,  chapter  II, 

§§  1083,  1084. 
-   Registration  of  electors,  chapter  III,  §§  1094-1119. 
Election  precincts,  chapter  IV,  §§  1127-1132. 
Boards  of  election,  chapter  V,  §§  1142-1150. 
Opening  and  closing  the  polls,  chapter  VI,  §§  1160-1164. 
Poll  lists,  chapter  VII,  §§  1174,  1175. 
Election  tickets  and  ballots,  chapter  VIII,  §§  1185-1216. 
Voting  and  challenges,  chapter  IX,  §§  1224-1243. 
Canvassing  and  returning  the  vote,  chapter  X,  §§  1252- 

1268. 
Canvass   of  returns;     declaration  of  result;     commis- 
sions  and   certificates    of  election,   chapter  XI, 

§§  1278-1297. 
Elections  for  electors  of  president  and  vice-president, 

chapter  XII,  §§  1307-1322. 
Elections    for    members    of    congress,    chapter  XIII, 

§§  1332-1347. 
Primary  elections,   chapter  XIV,   §§   1357-1380. 

Education,  Title  III,  §§  1385-1891. 

University  of  California,  chapter  I,  §§  1385-1477. 
State  Normal  School,  chapter  II,  §§  1487-1507. 
Public  schools,  chapter  III,  §§  1517-1891. 

State  Militia,  Title  IV,  §§  1895-2117. 

Enrolled  militia,  chapter  I,  §§  1895-1924. 


SUMMARY   OF   CONTENTS.  » 

National  Guard,  chapter  II,  §§  1925-2112. 
♦Calling  and  drafting  the  militia  into  active   service. 

chapter  III,   §§   2039-2066. 
♦Courts-martial  and  of  inquiry,  chapter  IV,  §§  2076-2087. 
♦Board  of  military  auditors,  chapter  V,  §§  2093-2105. 
♦Adjutant-general,  chapter  VI,  §§  2107-2117. 

Public  Institutions,  Title  V,  §§  2136-2328. 

State  commission  in  lunacy,  state  hospitals,  and  care, 
custody,  apprehension,  commitment  of  insane  and 
other  incompetent  persons,  chapter  I,  §§  2136-2199. 

Deaf,  dumb  and  blind  asylum,  chapter  II,  §§  2237-2282. 

State  library,  chapter  III,  §§  2292-2305. 

Supreme  court  library,  chapter  IV,  §§  2313-2316. 

Other  public  institutions,  chapter  V.  §§  2326-2328. 

Public  Ways,  Title  VI,  §§  2248-2938. 

Public  waters.  ch?pter  I,  §§  2348-2608. 
Highways,  chapter  II,  §§  2618-2772. 
Toll  roads,  chapter  III,  §§  2779-2832. 
Toll  bridges  and  ferries,  chapter  IV,  §§  2843-2895. 
Wharves,  chutes,  and  piers,  chapter  V,  §§  2906-2921. 
Miscellaneous    provisions    relating    to    public    ways, 
chapter  VI,  §§  2931-2938. 

General  Police  of  the  State,  Title  VII,  §§  2949-3387. 
Immigration,  chapter  I,  §§  2949-2969. 
Preservation  of  the  public  health,  chapter  II,  §§  2978- 

3064. 
Registry  of  births,  marriages,  and  deaths,  chapter  III, 

§§    3074-3084. 
Dissection,  chapter  IV,  §§  3093-3095. 
Cemeteries  and  sepulture,  chapter  V,  §§  3105-3111. 
Lost  and  unclaiii-ed  property,  chapter  VI,  §§  3136-3157. 
Marks  and  brands,  chapter  VII,  §§  3167-3201. 
Weights  and  measures,  chapter  VIII,  §§  3209-3223. 
Labor  and  materials  on  public  buildings,  chapter  IX, 

§§    3233-3235. 
Hours  of  labor,  chapter  X,  §§  3244-3250. 
Time,  chapter  XI,  §§  3255-3260. 
Money  of  account,  chapter  XII,  §§  3272-3274. 
Auctions,  chapter  XIII,  §§  3284-3324. 


♦Chapters  III,  IV,  V,  and  VI  were  repealed  by  implication 
by  acts  of  March  18,  1905;  Statutes  1905,  pp.  258  and  285, 
which  expressly  repealed  chapters  I  and  II  and  substituted 
new  chapters  therefor. 


10  SUMMARY   OF   CONTENTS. 

Fires  and  firemen,  chapter  XIV,  §§  3335-3345. 
Licenses,  chapter  XV,  §§  3356-3387. 

Property  of  the  State,  Title  VIII,  §§  3395-3597. 
The  public  lands,  chapter  I,  §§  3395-3574. 
The  Yosemite  Valley  and  Mariposa  Big  Tree  Grove, 

chapter   II,    §§    3584-3586. 
The  state  burying-ground,   chapter  lil,   §§   3596,   3597. 

Revenue,  Title  IX,  §§  3607-3900. 

Property  liable  to  taxation,  chapter  I,  §§  3607-3611. 

Definition,  chapter  II,  §  3617. 

Assessment  of  property,  chapter  III,  §§  3627-3671. 

Equalization  of  taxes,   chapter   IV,   §§   3672-3705. 

Levy   of    taxes,    chapter   V,    §§    3713-3719. 

Duties  of  auditor  in  relation  to  revenue,  chapter  VI, 

§§  3727-3739. 
Collection  of  property  taxes,  chapter  VII,  §§  3746-3819. 
Collection  of  taxes  by  the  assessor  on  certain  personal 

property,  chapter  VIII,  §§  3820-3831. 
Poll  taxes,  chapter  IX,  §§  3839-3862. 
Settlements  with  the  controller  and  payments  into  the 

state  treasury,  chapter  X,  §§  3865-3880. 
Miscellaneous  provisions,  chapter  XI,  §§  3881-3900. 


PART  lY. 

OF   THE   GOVERNMENT   OF   COUNTIES,   CITIES,   AND 
TOWNS,  §§  3901-4459. 

Of  Counties,  Title  I,  §§  3901-3985. 

County  boundaries  and  county  seats,  chapter  I,  §§  3901- 

3958. 
General    iirovisions    relating    to    counties,    chapter    II, 

§§  3969-3985. 

The  Government  of  Counties,  Title  II,  §§  4000-4347. 

Counties  as  bodies  corporate,  chapter  I,  §§  4000-4007. 
The  board  of  supervisors,  chapter  II,  §§  4022-4087. 
County  officers,  chapter  III,  §§  4101-4316. 
Salaries  and  fees  of  office,  chapter  IV,  §§  4328-4334. 
Other  county  charges,  chapter  V,  §§  4343-4347. 

The  Government  of  Cities,  Title  III,  §§  4354-4449. 

Cities  as  bodies  corporate,  chapter  I,  §§  4354-4374. 


SUMMARY   OP   CONTENTS.  U 

Executive  pov-ers,  chapter  II,  §§  4385-4393. 

Legislative  powers,  chapter  III,  §§  4403-4414. 

Judicial  powers,   chapter  IV,   §§   4424-4432. 

Certain  statutes  relating  to  cities  and  towns  and  ex- 
isting corporations  continued,  chapter  V,  §  4442. 

Funding  and  refunding  of  city  indebtedness,  chapter 
VI,   §§   4445-4449. 

Liability  of  Counties  and  Cities  for  Injury  to  Property  by 
Mobs  or  Riots,  Title  IV,  §§  4452-4457. 

Publications  by  State  Officers  and  Commissioners,  or  the 
Officers  of  Counties,  Cities,  Cities  and  Counties 
or  Towns,  Title  V,   §§   4458-4462. 


PART  V. 

OF  THE  DEFINITION  AND  SOURCES  OF  LAW— EF- 
FECT AND  PUBLICATION  OF  THE  CODES,  AND 
THE  EXPRESS  REPEAL  OF  STATUTES,  §§  4466- 
4505. 

Definition  and  Sources  of  the  Law,  Title  I,  §§  4466-4468. 

Effect  of  the  Codes,  Title  II,  §§  4478-4484. 

Publication  of  the  Codes  and  Statutes  Continued  in  Force 

Title  III,  §  4494. 

Express  Repeal  of  Statutes,  Title  IV,  §§  4504,  4505. 


APPENDIX. 


PRELIMINARY  PROVISIONS. 


THE  POLITICAL  CODE 

OF  THE 

STATE   OF   CALIFORNIA. 


AN  ACT 
TO   ESTABLISH   A  POLITICAL    CODE. 

[Approved  March  12,  1872.] 


The  people  of  the  state  of  California,  represented  in 
senate  and  assembly,  do  enact  as  follows: 

TITLE  OF  THE  ACT. 

§  1.  This  act  shall  be  known  as  the  Political  Code  of 
the  state  of  California,  and  is  divided  into  five  parts,  as 
follows: 

Part  I.  Of  the  sovereignty  and  people  of  the  state,  and 
of  the  political  rights  and  duties  of  all  persons 
subject  to  its  jurisdiction. 

n.    Of  the  chief  political  divisions,  seat  of  govern- 
ment, and  legal  distances  of  the  state. 

III.  Of  the  government  of  the  state. 

IV.  Of  the  government  of  counties,  cities  and  towns. 

V.    Of  the  definition  and  sources  of  law;  the  common 
law;    the   publication   and   6f£ect   of  the   codes; 
and  the  express  repeal  of  statutes.    En.  March 
12,  1872. 
Mode  of  citing:  Post,  sec.  20. 
05) 


THE  POLITICAL  CODE 

OF  THE 

STATE    OF   CALIFORNIA. 


PRELIMINARY  PROVISIONS. 

§    2.  When   code   takes   effect. 

§    3.  Not   retroactive. 

§    4.  Construction   of   the   Political    Code. 

§    5.  Provisions   similar  to  existing   laws,    how  construed. 

§    6.  Tenure    of    offices    preserved. 

§     7.  Construction   of  repeal   as  to  certain  offices. 

§    S.  Actions,    etc.,   not  affected  by  this  code. 

§    9.  Limitations   shall   continue   to   run. 

§  10.  Holidays. 

§  11.  Same 

§  12.  Computation    of    time. 

§  13.  Certain   acts   not   to  be  done   on   holidays. 

§  14.  Seal    defined. 

§  15.  Joint    authority. 

§  16.  Words   and   phrases. 

§  17.  Words  and  terms  use'd  In  the  Political  Code,   definition  of. 

§  18.  Statutes,    laws   or   rules   inconsistent   with   code    repealed. 

§  19.  Certain   statutes   preserved. 

§  20.  This  act,   how  cited,    etc. 

§  2.  When  code  takes  effect.  This  code  takes  effect  at 
twelve  o'clock,  noon,  of  the  first  day  of  January,  eighteen 
hundred  and  seventy-three.    En.  March  12,  1872. 

Same  provision:  Sec.  2  of  the  other  codes. 

Existing  enactments — and  proceedings,  how  effected: 
Post,  sees.  8,  18. 

Effect  of  the  codes:  Post,  sees.  3-19  inclusive,  and  sees, 
4478-4484. 

Publication  of  the  codes:  Post,  sec.  4494. 

Operation  of  statutes:  Post,  sees.  323-330. 

Promulgation  of  statutes:  Post,  sees.  318,  526-528. 

§  3.     Not  retroactive.     No  part  of  it  is  retroactive,  un 
less  expressly  so  declared.     En.  March  12,  1872. 
Gal.  Rep.  Git.    74,  555;  98,  438;  106,  680;  116,  522. 
Same  provision:  Sec.  3  of  the  other  codes. 
Accrued  rights — not  affected:  Post,  sees.  8,  18. 
Impairing  vested  rights:  See  post,  sec.  8. 

(18) 


17  PRELIMINARY   PROVISIONS.  58  *-» 

§  4.  Construction  of  the  Political  Code.  The  rule  of  the 
common  law,  that  statutes  in  derogation  thereof  are  to  be 
strictly  construed,  has  no  application  to  this  code.  The 
code  establishes  the  law  of  this  state  respecting  the  sub- 
jects to  which  it  relates,  and  its  provisions  and  all  pro- 
ceedings under  it  are  to  be  liberally  construed,  with  a 
view  to  effect  its  o'bjects  and  to  promote  justice.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.    49,  274;  105,  558;  132,  535;  139,  692. 
Similar  provision:  Sec.  4  of  the  other  codes. 

§  5.     Provisions  similar  to  existing  laws,  how  construed. 

The  provisions  of  this  code,  so  far  as  they  are  substan- 
tially the  same  as  existing  statutes,  must  be  construed  as 
continuations  thereof,  and  not  as  new  enactments.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     76,  636. 

Similar  provision:  Sec.  5  of  the  other  codes. 

§  6.  Tenure  of  offices  preserved.  All  persons  who,  at 
the  time  this  code  takes  effect,  hold  office  under  any  of  the 
acts  repealed,  continue  to  hold  the  same  according  to  the 
tenure  thereof,  except  those  officers  which  are  not  con- 
tinued by  one  of  the  codes  adopted  at  this  session  of  the 
legislature,  and  excepting  offices  filled  by  appointment. 
En.  March  12,  1872.     Am'd.  1873-4,  3. 

Cal.  Rep.  Cit.    49,  411. 

Similar  provision:  Code  Civ.  Proc,  sec.  6. 

Offices  not  continued — by  codes:  Post,  sec.  7. 

§  7.  Construction  of  repeal  as  to  certain  offices.  When 
any  office  is  abolished  by  the  repeal  of  any  act,  and  such 
act  is  not  in  substance  re-enacted  or  continued  in  either  of 
the  four  codes,  such  office  ceases  at  the  time  the  codes 
take  effect.    En.  March  12,  1872. 

Same  provision:  Code  Civ.  Proc,  sec.  7. 

Repeals  by  implication:  See  post,  sec.  18. 

§  8.  Actions,  etc.,  not  affected  by  this  code.  No  action 
or  proceeding  commenced  before  this  code  takes  effect, 
and  no  right  accrued,  is  affected  by  its  provisions,  but  the 
proceedings  therein  must  conform  to  the  requirements  of 
this  code  as  far  as  applicable.    En.  March  12,  1872. 

Similar  provisions:  Civ.  Code,  sec.  6;  Code  Civ.  Proc, 
sec.  8;  Pen.  Code,  sec.  6. 

Pol.  Code— 2 


§§  9-n  PRELIMINARY   PROVISIONS.  tt 

§  9.  Limitations  sliaii  continue  to  run.  When  a  limita- 
tion or  period  of  time  prescribed  in  any  existing  statute 
for  acquiring  a  right  or  barring  a  remedy,  or  for  any 
other  purpose,  has  begun  to  run  before  this  code  goes  into 
effect,  and  the  same  or  any  limitation  is  prescribed  in  this 
code,  the  time  which  has  already  run  shall  be  deemed  part 
of  the  Lime  prescribed  as  such  limitation  by  this  code. 
En.  March  12,  1872.     Am'd.  1873-4,  1. 

Same  provision:  Code  Civ.  Proc,  sec.  9. 

Limitations  of  civil  actions:  See  Code  Civ.  Proc,  sees. 
312-363. 

§  10.  Holidays.  Holidays,  within  the  meaning  of  this 
code,  are  every  Sunday,  the  first  day  of  January,  the 
twenty-second  day  of  February,  the  thirtieth  day  of  May, 
the  fourth  day  of  July,  the  ninth  day  of  September,  the  first 
Monday. in  September,  the  twenty-fifth  day  of  December, 
every  day  on  which  an  election  is  held  throughout  the 
state,  and  every  day  appointed  by  the  President  of  the 
United  States  or  by  the  governor  of  this  state  for  a  public 
fast,  thanksgiving  or  holiday.  If  the  first  day  of  January, 
the  twenty-second  day  of  February,  the  thirtieth  day  of 
May,  the  fourth  day  of  July,  the  ninth  day  of  September 
or  the  twenty-fifth  day  of  December  fall  upon  a  Sunday, 
the  Monday  following  is  a  holiday.  Every  Saturday  from 
twelve  o'clock  noon  until  twelve  o'clock  midnight  is  a 
holiday  as  regards  the  transaction  of  business  in  the  pub- 
lic offices  of  this  state,  and  also  in  political  divisions  there- 
of where  laws,  ordinances,  or  charters  provide  that  pub- 
lic offices  may  be  closed  on  holidays;  provided,  this  shall 
not  be  construed  to  prevent  or  invalidate  the  issuance,  fil- 
ing, service,  execution,  or  recording  of  any  legal  process 
or  written  instrument  whatever  on  such  Saturday  after- 
noons. En.  March  12,  1872.  Am'd.  1880,  49;  1889,  47;  1893, 
187;   1897,  13;   1905,  92. 

Cal.  Rep.  Cit.    147,  776. 

Similar  provisions:  Civ.  Code,  sec.  7;  Code  Civ.  Proc, 
sec.  10. 

§  11.  Same.  If  the  first  day  of  January,  the  twenty- 
second  day  of  February,  the  fourth  day  of  July,  or  the 
twenty-fifth  day  of  December  fall  upon  a  Sunday,  the  Mon- 
day following  is  a  holiday.  En.  March  12,  1872.  Am'd. 
1873-4,  2. 

Similar  provisions:  Civ.  Code,  sees.  7,  8;  Code  Civ.  Proc, 
sees.  10,  11. 

Holidays,  when  counted:  See  sec.  13. 


19  PRELIMINARY    PROVISIONS.  8§  12-16 

§  12.  Computation  of  time.  The  time  in  which  any  act 
provided  by  law  is  to  be  done  is  computed  by  excluding 
the  first  day,  and  including  the  last,  unless  the  last  'day 
is  a  holiday,  and  then  it  is  also  excluded.  En.  March  12. 
1872. 

Cal.  Rep.  Cit.     114,  483;  131,  594. 

Same  provision:  Civ.  Code,  sec.  10;  Code  Civ.  Proc, 
sec.  12. 

Time,  how  computed,  and  year,  week,  and  day  defined: 
See  post,  sees.  3255  et  seq. 

§  13,  Certain  acts  not  to  be  done  on  iioiidays.  When- 
ever any  act  of  a  secular  nature,  other  than  a  work  of 
necessity  or  mercy,  is  appointed  by  law  or  contract  to  be 
performed  upon  a  particular  day,  which  day  falls  upon  a 
holiday,  such  act  may  be  performed  upon  the  next  busi- 
ness day  with  the  same  effect  as  if  it  had  been  performed 
upon  the  day  appointed.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     114,  483;   136,  193. 

Same  provision:  Civ.  Code,  sec.  11;  Code  Civ.  Proc,  sec. 
13. 

§  14.  Seal  defined.  When  the  seal  of  a  court,  public 
oflicer  or  person  is  required  by  law  to  be  affixed  to  any 
paper,  the  word  "seal"  includes  an  impression  of  such 
seal  upon  the  paper  alone  as  well  as  upon  wax  or  a  wafer 
affixed  thereto.     En.  March  12,  1872. 

Same  provision:  Code  Civ.  Proc,  sec.  14. 

Private  writings — seals  for:  See  Code  Civ.  Proc,  sees. 
1929-1934. 

Abolition  of  distinction  between  sealed  and  unsealed 
instruments:  See  Civ.  Code,  sec.  1629;  Code  Civ.  Proc,  sec. 
1932. 

Impression  of  seal — sufficient:   See  Civ.  Code,  sec.  1628. 

Seals  of  courts:  See  Code  Civ.  Proc,  sees.  147-153. 

§  15.  Joint  autliority.  Words  giving  a  joint  authority 
to  three  or  more  public  officers,  or  other  persons,  are  con- 
strued as  giving  such  authority  to  a  majority  of  them, 
unless  it  is  otherwise  expressed  in  the  act  giving  the  au- 
thority.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     54,  293;  105,  627;  105,  629. 

Same  provision:  Civ.  Code,  sec.  12;  Code  Civ.  Proc,  sec. 
15. 

§  16.  Words  and  phrases.  Words  and  phrases  are  con- 
strued according  to  the  context  and  the  approved  usage  of 
the  language;  but  technical  words  and  phrases,  and  such 
others  as  have  acquired  a  peculiar  and  appropriate  mean- 


§  17  PRELIMINARY    PROVISIONS.  ^ 

ing  in  law,  or  are  defined  in  the  succeeding  section,  are 
to  be  construed  according  to  such  peculiar  and  appropriate 
meaning  or  definition.    En.  March  12,  1872. 

Same  provisions:  Civ.  Code,  sec.  13;  Code  Civ.  Proc, 
sec.  16. 

Words  of  a  contract — how  interpreted:  See  Civ.  Code, 
sec.  1644. 

Terms  of  a  writing — how  construed:  See  Code  Civ. 
Proc,  sec.  1861. 

Technical  words:   See  Civ.  Code,  sec.  1645. 

§  17.  Words  and  terms  used  in  the  Political  Code,  defini- 
tion of.  Words  used  in  this  code  ,in  the  present  tense  in- 
clude the  future  as  well  as  the  present;  words  used  in 
the  masculine  gender  include  the  feminine  and  neuter;  the 
singular  number  includes  the  plural,  and  the  plural  the  sin- 
gular; the  word  "person"  includes  a  corporation  as  well 
as  a  natural  person;  writing  includes  printing  and  type- 
writing; oath  includes  affirmation  or  declaration;  every 
mode  of  oral  statement  under  oath  or  affirmation  is  em- 
braced by  the  term  "testify,"  and  every  written  one  in 
the  term  "depose";  signature  or  subscription  includes 
mark,  when  the  person  cannot  write,  his  name  being  writ- 
ten near  it  by  a  person  who  writes  his  own  name  as  a  wit- 
ness; provided,  that  when  a  signature  is  made  by  mark  it 
must,  in  order  that  the  same  may  be  acknowledged  or  serve 
as  the  signature  to  any  sworn  statement,  be  witnessed  by 
two  persons  who  must  subscribe  their  own  names  as  wit- 
nesses thereto. 

The  following  words,  also,  have  in  this  code  the  significa- 
tion attached  to  them  in  this  section,  unless  otherwise  ap- 
parent from  the  context: 

One — The  word  "property"  includes  both  real  and  per- 
sonal property; 

Two — The  words  "real  property"  are  coextensive  with 
lands,  tenements,  and  hereditaments; 

Three — The  words  "personal  property"  includes  money, 
goods,  chattels,  things  in  action,  and  evidences  of  debt; 

Four — The  word  "month"  means  a  calendar  month,  un- 
less otherwise  expressed; 

pive — The  word  "will"  includes  codicil; 

Six — The  word  "writ"  signifies  an  order  or  precept  in 
writing,  issued  in  the  name  of  the  people,  or  of  a  court  or 
judicial  officer,  and  the  word  "process"  a  writ  or  summons 
issued  In  the  course  of  judicial  proceedings; 

Seven — The  word  "vessel,"  when  used  with  reference  to 
shipping,  Includes  ships  of  all  kinds,  steamboats,  and 
steamships,     canal-boats,     barges,     and     every     structure 


21  PRELIMINARY    PROVISIONS.  55  U.  W 

adapted  to  be  navigated  from  place  to  nlace  for  the  trans- 
portation of  merchandise  or  persons; 

Eight — The  term  "peace  officer"  signifies  any  one  of  the 
officers  mentioned  in  section  eight  hundred  and  seventeen 
of  the  Penal  Code; 

Nine — The  term  "magistrate"  signifies  any  one  of  the 
officers  mentioned  in  section  eight  hundred  and  eight  of  the 
Penal  Code; 

Ten— The  word  "state,"  when  applied  to  the  different 
parts  of  the  United  States,  includes  the  District  of  Colum- 
bia and  the  territories;  and  the  words  "United  States"  may 
include  the  district  and  territories; 

Eleven — The  word  "section"  whenever  used  in  this  code 
refers  to  a  section  of  this  code,  unless  some  other  code  or 
statute  is  expressly  mentioned.  En.  March  12,  1872.  Am'd. 
1873-4,  2;  1905,  129. 

Cal.  Rep.  Cit.     54,  35;   62,  116;  92,  614. 

Similar  provisions:  Civ.  Code,  sec.  14;  Code  Civ.  Proc, 
sec.  17;  Pen.  Code,  sec.  7. 

Words  used  in  boundaries  are  defined  in  sections  3903 
to  3907  of  this  code. 

§  18.  Statutes,  laws  or  rules  inconsistent  with  code  re- 
pealed. No  statute,  law,  or  rule  is  continued  in  force 
because  it  is  consistent  with  the  provisions  of  this  code, 
on  the  same  subject,  but  in  all  cases  provided  for  by  this 
code  all  statutes,  laws,  and  rules  heretofore  in  force  in 
this  state,  whether  consistent  or  not  with  the  provisions 
of  this  code,  unless  expressly  continued  in  force  by  it, 
are  repealed  and  abrogated.  This  repeal  or  abrogation 
does  not  revive  any  former  law  heretofore  repealed,  nor 
does  it  affect  any  right  already  existing  or  accrued,  or  any 
action  or  proceeding  already  taken,  except  as  in  this 
code  provided;  nor  does  it  affect  any  private  statute  not 
expressly  repealed.    En.  March  12,  1872. 

Cal.  Rep.  Cit.  49,  412;  70,  505;  70,  506;  70,  507;  74,  510; 
142,  56. 

Same  provision:  Civ.  Code,  sec.  20;  Code  Civ.  Proc,  sec. 
18. 

Repealing  statutes — And  repeals  generally:  Post,  sees. 
327-329,  4504,  4505. 

Statutes  continued  in  force:  Post,  sec.  19. 

The  repeal  of  a  repealing  act  does  not  revive  the  original 
act:  See  post,  sec.  328. 

Vested  rights:  See  sec.  8. 

§  19.  Certain  statutes  preserved.  Nothing  in  either  of 
the  four  codes  affects  any  of  the  provisions  of  the  follow- 


i  19  PRELIMINARY    PROVISIONS.  22 

ing  statutes,  but  such  statutes  are  recognized  as  con- 
tinuing in  force,  notwithstanding  the  provisions  of  the 
codes,  except  so  far  as  they  have  been  repealed  or  affected 
by  subsequent  laws: 

1.  All  acts  incorporating  or  chartering  municipal  cor- 
porations, and  acts  amending  or  supplementing  such  acts; 

2.  All  acts  consolidating  cities  and  counties,  and  acts 
amending  or  supplementing  such  acts; 

3.  All  acts  for  funding  the  state  debt,  or  any  part  thereof, 
and  for  issuing  state  bonds,  and  acts  amending  or  supple- 
menting such  acts; 

4.  All  acts  regulating  and  in  relation  to  rodeos; 

5.  All  acts  in  relation  to  judges  of  the  plains; 

6.  All  acts  creating  or  regulating  boards  of  water  com- 
missioners and  overseers  in  the  several  townships  or 
counties  of  the  state; 

7.  All  acts  in  relation  to  a  branch  state  prison; 

8.  An  act  for  the  more  effectual  prevention  of  cruelty 
to  animals,  approved  March  thirtieth,  eighteen  hundred 
and  sixty-eight; 

9.  An  act  for  the  suppression  of  Chinese  houses  of  ill- 
fame,  approved  March  thirty-first,  eighteen  hundred  and 
sixty-six; 

10.  An  act  relating  to  the  home  of  the  inebriate  of  San 
Francisco,  and  to  prescribe  the  powers  and  duties  of  the 
board  of  managers  and  the  oflBcers  thereof,  approved  April 
first,  eighteen  hundred  and  seventy; 

11.  An  act  concerning  marks  and  brands  in  the  county 
of  Siskiyou,  approved  March  twentieth,  eighteen  hundred 
and  sixty-six; 

12.  An  act  to  prevent  the  destruction  of  fish  in  the  wa- 
ters of  Bolinas  Bay,  in  Marin  County,  approved  March 
thirty-first,  eighteen  hundred  and  sixty-six; 

13.  An  act  concerning  trout  in  Siskiyou  County,  approved 
April  second,  eighteen  hundred  and  sixty-six; 

14.  An  act  to  prevent  the  destruction  of  fish  in  Napa 
River  and  Sonoma  Creek,  approved  January  twenty-ninth, 
eighteen  hundred  and  sixty-eight; 

15.  An  act  to  prevent  the  destruction  of  fish  and  game  in, 
upon,  and  around  the  waters  of  Lake  Merritt,  or  Peralta, 
in  the  county  of  Alameda,  approved  March  eighteenth, 
eighteen  hundred  and  seventy; 

16.  An  act  to  regulate  salmon  fisheries  in  Eel  river,  in 
Humboldt  County,  approved  April  eighteenth,  eighteen 
hundred  and  fifty-nine; 


23  PRELIMINARY    PROVISIONS.  5  M 

17.  An  act  for  the  better  protection  of  stock-raisers 
in  the  counties  of  Fresno,  Tulare,  Monterey  and  Mariposa, 
approved  March  twentieth,  eighteen  hundred  and  sixty-six; 

18.  An  act  concerning  oysters,  approved  April  twenty- 
eighth,  eighteen  hundred  and  fifty-one; 

19.  An  act  concerning  oyster-beds,  approved  April  sec- 
ond, eighteen  hundred  and  sixty-six; 

20.  An  act  concerning  gas  companies,  approved  April 
fourth,  eighteen  hundred  and  seventy; 

21.  An  act  to  empower  the  board  of  supervisors  of  the 
several  counties  of  the  state  to  aid  in  the  construction 
of  a  railroad  in  their  respective  counties,  approved  April 
fourth,  eighteen  hundred  and  seventy; 

22.  An  act  supplemental  to  the  act  mentioned  in  the  pre- 
ceding subdivision,  approved  April  fourth,  eighteen  hun- 
dred and  seventy; 

23.  All  acts  in  relation  to  lawful  fences,  estrays,  and 
the  trespassing  of  animals  upon  private  property; 

24.  An  act  for  the  relief  of  insolvent  debtors  and  the 
protection  of  creditors,  approved  May  fourth,  eighteen  hun- 
dred and  sixty-two,  and  the  acts  amending  and  supple- 
menting such  act; 

25.  All  acts  in  relation  to  taxation  for  local  purposes; 

26.  All  acts  dividing  counties  into  collection  and  assess- 
ment districts; 

27.  All  acts  allowing  county  or  city  and  county  officers 
to  appoint  deputies,  clerks  and  subordinate  officers,  in  so 
far  as  such  acts  authorize  the  appointment  and  fix  the 
compensation  of  such  deputies,  clerks  and  subordinate 
officers.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     45,  695;   46,  481;  46,  483;   50,  118;   51,  297; 

58,   565;    61,   207;    64,   234;    64,   238;    64,  240;    67,   593; 

70,  505;   70,  506;    70,  507;    114,  562.     Subd.  1—53,  572. 

Subd.   2—53,    572.     Subd.    20—139,   183.     Subd.    23—79, 

320.     Subd.  25—53,  572. 
Similar  provisions:  Pen.  Code,  sec.  23. 
Further  instances — of  continued  statutes:   See  post,  sees. 
697,  1415,  subd.  4,  and  sees.  4331,  4442. 

§  20.  This  act,  how  cited,  etc.  This  act,  whenever 
cited,  enumerated,  referred  to,  or  amended,  may  be  desig- 
nated simply  as  the  Political  Code,  adding,  when  neces- 
sary, the  number  of  the  section.    En.  March  12,  1872. 

Cal.  Rep.  Cit.    46,  481. 

Title  of  the  act:  See  ante,  sec.  1. 


PART    I. 


OF  THE  SOVEREIGNTY  AND  PEOPLE  OF  THE 
STATE,  AND  OF  THE  POLITICAL  RIGHTS  AND 
DUTIES  OF  ALL  PERSONS  SUBJECT  TO  ITS 
JURISDICTION. 


(25) 


PART    I. 

OF  THE  SOVEREIGNTY  AND  PEOPLE  OF  THE  STATE, 
AND  OF  THE  POLITICAL  RIGHTS  AND  DUTIES 
OF  ALL  PERSONS  SUBJECT  TO  ITS  JURISDIC- 
TION. 

Title  I.    Sovereignty  of  the  State,  §§  30-44. 

II.  Persons    Composing    the    People    of     the    State, 

§§  50-52. 

III.  Political  Rights  and  Duties  of  all  Persons   Sub- 

ject to  the  Jurisdiction  of  the  State,  §§  54-60. 

TITLE  I. 

SOVEREIGNTY  OF  THE  STATE. 

Chapter  I.  Residence  of  Sovereignty,  §  30, 

II.  Territorial  Jurisdiction  of  the  State,  §§  33,  34. 

III.  General  Rights  of  the  State  over  Persons,  §  37. 

IV.  General    Rights    of    the    State    over    Property, 

§§  40-44. 

CHAPTER  I. 

RESIDENCE  OF  SOVEREIGNTY. 
§  30.    Sovereignty   resides   In   the   people. 

§  30.  Sovereignty  resides  in  the  people.  The  sov- 
ereignty of  the  state  resides  in  the  people  thereof,  and  all 
writs  and  processes  must  issue  in  their  name.  En.  March 
12,  1872. 

People  of  state — political  supremacy  of:  See  Const.  Cal., 
art.  I,  sec.  2.  Rights  of:  See  Const.  Cal.,  art.  I,  sees.  10, 
19,  23. 

Style  of  process:  See  Const.  Cal.,  art.  VI,  sec.  20.  Prose- 
cutions in  name  of  people:  See  Const.  Cal.,  art.  VI,  sec. 
20. 

State  sovereignty;  state  inseparable  part  of  Union:  Const. 
Cal.,  art.  I,  sec.  3.  Federal  constitution  supreme  law  of 
land:    lb. 

(26) 


27  GENERAL    RIGHTS    OF    STATE    OVER   PERSONS.        5§  33-37 

CHAPTER  II. 

TERRITORIAL,    JURISDICTION    OF    THE    STATE. 

§  33.     Territorial    jurisdiction;    limitations    on. 

§  34.    Purchase,    etc.,    of   lands   by   United   States   for   public    use. 

§  33.  Territorial  jurisdiction;  limitations  on.  The  sov- 
ereignty and  jurisdiction  of  this  state  extends  to  all  places 
within  its  boundaries  as  established  by  the  constitution, 
but  the  extent  of  such  jurisdiction  over  places  that  have 
been  or  may  be  ceded  to,  purchased  or  condemned  by  the 
United  States,  is  qualified,  by  the  terms  of  such  cession, 
o:-  the  laws  under  which  such  purchase  or  condemnation 
has  been  or  may  be  made.     En.  March  12,  1872. 

Boundary  of  state:  Const.  Cal.,  art.  XXI,  sec.  1. 

Purchase  or  condemnation  by  United  States:  Post,  sec. 
34. 

§  34.  Purchase,  etc.,  of  lands  by  United  States  for  pub- 
lic use.  The  legislature  consents  to  the  purchase  or  con- 
demnation by  the  United  States  of  any  tract  of  land 
within  the  state  for  the  purpose  of  erecting  forts,  maga- 
zines, arsenals,  dockyards,  and  other  needful  buildings, 
upon  the  express  condition  that  all  civil  process  issued 
from  the  courts  of  this  state,  and  such  criminal  process 
as  may  issue  under  the  authority  of  this  state,  against 
any  person  charged  with  crime,  may  be  served  and  exe- 
cuted thereoa  in  the  same  mode  and  manner  and  by  the 
same  ofllcers  as  if  the  purchase  or  condemnation  had  not 
been  made.     En.  March  12,  1872. 

Lighthouses — and  other  aids  to  navigation,  submarine 
sites  for:  See  Stats.  1874,  p.  621. 

CHAFTE-t  111. 

GENERAL.   RIGHTS   OF   THE    STATE    OVER    PERSONS. 
§  37.     Rights    over   persons    enumerated. 

§  37.  Rights  over  persons  enumerated.  The  state  has 
the  following  rights  over  persons  within  its  limits,  to  be 
exercised  in  the  cases  and  in  the  manner  provided  by  law: 

1.  To  punish  for  crime; 

2.  To  imprison  or  confine  for  the  protection  of  the  pub- 
lic peace  or  health,  or  of  individual  life  or  safety; 


§§  40,  41    GENERAL,   RIGHTS   OF   STATE    OVER   PROPERTY.  28 

3.  To  imprison  or  confine  for  the  purpose  of  enforcing 
civil  remedies; 

4.  To  establish  custody  and  restraint  for  the  persons  of 
idiots,  lunatics,  drunl^ards,  and  other  persons  of  unsound 
mind; 

5.  To  establish  custody  and  :-estraint  of  paupers  for  the 
purposes  of  their  maintenance; 

6.  To  establish  custody  and  restraint  of  minors  unpro- 
vided for  by  natural  guardians,  for  the  purposes  of  their 
education,  reformation  and  maintenance; 

7.  To  require  services  of  persons,  with  or  without  com- 
pensation: In  military  duty;  in  jury  duty;  as  witnesses; 
as  town  or  village  ofiicers;  in  highway  labor;  in  main- 
taining the  public  peace;  in  enforcing  the  service  of  pro- 
cess; in  protecting  life  and  property  from  fire,  pestilence, 
wreck  and  flood;  and  in  such  other  cases  as  are  pi'ovided 
by  statute.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     105,  508. 

Declaration  of  rights  of  people:  Const.  Cal.,  art.  I,  sees. 
1-24. 
Police  powers  of  state:   Post,  sees.  2949-3387. 


OHAPTBR  IV. 

GENERAL  RIGHTS  OF  THE  STATE  OVER  PROPERTY. 

§  40.  Original    and    ultimate    title. 

§  41.  Property    escheats,    when. 

§  42.  Intruders   on   public   lands   of   the  state. 

§  43.  Acquisition    by    taxation    and    assessment. 

§  44.  By    right    of   eminent    domain. 

§  40.  Original  and  ultimate  title.  The  original  and  ul- 
timate right  to  all  property,  real  and  personal,  within  the 
limits  of  this  state,  is  in  the  people  thereof.  En.  March 
12,  1872. 

Ownership  of  property — by  state:  Civ.  Code,  sees.  669, 
670. 

Property  escheats,  when:  Post,  sec.  41. 

Eminent  domain:  Post,  sec.  44.  * 

§  41.  Property  escheats,  when.  All  property,  real  and 
personal,  within  the  limits  of  this  state,  which  does  not 
rjelongto  any  person,  belongs  to  the  people.  Whenever 
the  title  to  any  property  fails  for  want  of  heirs  or  next 
of  kin,  It  reverts  to  the  people.    En.  March  12,  1872. 


29  PEOPLE   OF   THE    STATE.  §§  42-50 

Lands  owned  by  state':  Civ.  Code,  sees.  669,  670. 

Escheated  estates:   See  Code  Civ.  Proc,  sees.  1269-1272. 

Unclaimed  realty  of  aliens  escheats  to  state:  Civ.  Code, 
sees.  672,  1404,  1405.  Duty  of  controller  as  to:  Post,  sec. 
437.     Duty  of  attorney  general  as  to:  Post,  sec.  474.     - 

§  42.     Intruders   on    public    lands   of  the    state.     If   any 

person,  under  any  pretense  of  any  claim  inconsistent  with 
the  sovereignty  and  jurisdiction  of  the  state,  intrudes 
upon  any  of  the  waste  or  ungranted  lands  of  the  state, 
the  district  attorney  of  the  county  must  immediately  re- 
port the  same  to  the  governor,  who  must  thereupon,  by 
a  written  order,  direct  the  sheriff  of  the  county  to  remove 
the  intruder;  and  if  resistance  to  the  execution  of  the 
order  is  made  or  threatened,  the  sheriff  may  call  to  his 
aid  the  power  of  the  county,  as  in  cases  of  resistance  to 
the  writs  of  the  people.     En.  March  12,  1872. 

Sheriff  may  call  to  his  aid  the  power  of  the  county: 
Post,  sec.  4176,  subd.  5. 

§  43.     Acquisition    by    taxation    and    assessment.  .  The 

state  may  acquire  property  by  taxation  in  the  modes  au- 
thorized by  law.     En.  March  12,  1872. 

Revenue  and  taxation:  Const.  Cal.,  art.  XITI,  sees.  1-13; 
post,    sees.    3607-3900. 

§  44.  By  right  of  eminent  domain.  It  may  acquire  or 
authorize  others  to  acquire  title  to  property,  real  or  per- 
sonal, for  public  use,  in  the  cases  and  in  the  mode  pro- 
vided in  title  VII.  part  III,  of  the  Code  of  Civil  Procedure. 
En.  March  12,  1872. 

Eminent  domain:  See  Code  Civ.  Proc,  sees.  1237-1263. 
Corporations  subject  to:  Const.  Cal.,  art.  XII,  sec.  8. 
Water-Frontages,  subject  to:  Const.  Cal.,  art  XV,    sec.  1. 


TITLE    II. 

PERSONS  COMPOSING  THE  PEOPLE  OF  THE  STATE. 

§  50.    Who    are    the    people. 

§  51.    Who    are    citizens. 

§  52.     Residence,    rules    for   determining. 

§  50.     Who   are  the  people.     The  people,  as  a  political 
body,  consist: 

1.  Of  citizens  who  are  electors; 


55  51,  52  PEOPLE   OF  THE   STATE.  SO 

2.  Of  citizens  not  electors.     En.  March  12,  1872. 

Cal.   Rep.   Cit.     66,   44. 

Sovereignty  resides  in  the  people:  Ante,  sec.  30. 

§  51.     Who  are  citizens.     The  citizens  of  the  state  are: 

1.  All  persons  born  in  this  state  and  residing  within  it, 
except  the  children  of  transient  aliens  and  of  alien  public 
ministers,  and  consuls; 

2.  All  persons  born  out  of  this  state  who  are  citizens  of 
tl  3  United  States  and  residiivg  within  this  state.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     66,  44. 

Citizens — allegiance  of:  Post,  sees.  55,  56.  When  quali- 
fied electors:  Post,  sees.  1083,  1084. 

Persons  not  citizens:    Post,  sees.  54,  57,  60. 
Allegiance  defined:  Post,  sees.  C5,  56. 

§  52.  Residence,  rules  for  determining.  Every  person 
has,  in  law,  a  residence.  In  determining  the  place  of  resi- 
dence the  following  rules  are  to  be  observed: 

1.  It  is  the  place  where  one  remains  when  not  called 
elsewhere  for  labor  or  other  special  or  temporary  pur- 
pose, and  to  which  he  returns  in  seasons  of  repose; 

2.  There  can  only  be  one  residence; 

3.  A  residence  cannot  be  lost  until  another  is  gained; 

4.  The  residence  of  the  father  during  his  life,  and  after 
his  death  the  residence  of  the  mother,  while  she  remains 
unmarried,  is  the  residence  of  the  unmarried  minor  child; 

5.  The  residence  of  the  husband  is  the  residence  of  the 
wife; 

6.  The  residence  of  an  unmarried  minor  who  has  a  par- 
ent living  cannot  be  changed  by  either  his  own  act  or 
that  of  his  guardian; 

7.  The  residence  can  be  changed  only  by  the  union  of 
act  and  intent.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  82,  634;  104,  625;  120,  638;  137,  427;  145, 
690.     Subd.  3—145,  328.     Suhd.  4—92,  198;   131,  182. 

Residence  for  purposes  of  voting — rules  for  determining: 
Post,  sec.  1239;  Const.  Cal.,  art.  II,  sec.  4. 

Absence  from  state — on  official  business,  does  not  af- 
fect question  of  residence:    Const.  Cal.,  art.  XX,  sec.  12. 

Same  residence  for  wife  as  for  husband.  Divorce,  rules 
inapplicable    to    actions    for:     See    Civ.    Code,    sec.    129. 


31  POLITICAL,   RIGHTS    AND    DUTIES.  5§  54-58 

Right  of  husband  to  select  wife's  residence:  Civ.  Code, 
sees.  103,  104,  156. 

Residence  of  unmarried  minor — power  of  guardian  to 
fix  residence  of  ward:  Civ.  Code,  sec.  248.  When  parent 
may  change  residence  of  child:   Civ.  Code,  sec.  213. 


TITLE     III. 

POLITICAL  RIGHTS   AND  DUTIES  OF  ALL  PERSONS 
SUBJECT  TO  THE  JURISDICTION  OF  THE  STATE. 

§  54.  All  persons   within  the  state  subject   to   its  jurisdiction. 

§  55.  Allegiance. 

§  56.  Allegiance   may   be   renounced. 

§  57.  Persons    not    citizens. 

§  5S.  Eligibility   to   office. 

§  59.  Rights   and   duties   of   citizens   not    electors. 

§  60.  Rights   and   duties   of   citizens   of   other   states. 

§  54.  All  persons  within  the  state  subject  to  its  juris- 
diction. Every  person  while  within  this  state  is  subject 
to  its  jurisdiction  and  entitled  to  its  protection.  En.  March 
12,  1872. 

Rights  of  the  state  over  persons — within  its  limits: 
Ante,  sec.  37. 

§  55.  Allegiance.  Allegiance  is  the  obligation  of  fidelity 
and  obedience  which  every  citizen  owes  to  the  state.  En. 
March  12,  1872. 

§  56.  Allegiance  may  be  renounced.  Allegiance  may  be 
renounced  by  a  change  of  residence.     En.  March  12,  1872. 

Residence — rules  for  determining  place  of:  Ante,  sec. 
52. 

§  57.  Persons  not  citizens.  Persons  in  the  state  not 
its  citizens  are  either: 

1.  Citizens  of  other  states;  or, 

2.  Aliens.     En.  March  12,  1872. 

Subd.  1.     Citizens  of  other  states:  See  post,  sec.  60. 

Subd.  2.  Aliens — resident,  control  of  property  by: 
Const.  Cal.,  art.  I,  sec.  17.  With  respect  to  the  rights  of 
resident  aliens:  See  ante,  sec.  54;  Civ.  Code,  sees.  671, 
1404.  Nonresident  general  rights  and  unclaimed  realty 
of:  See  under  escheated  estates,  ante,  sec.  41. 

§  58.  Eligibility  to  office.  Every  elector  is  eligible  to 
the  oflace  for  which  he  is  an  elector,  except  where  other- 


§§  59,  60  POLITICAL,  RiaHTS  AND  DUTIES.  tt 

-wise  specially  provided;  and  no  person  is  eligible  who  is 
not  such  an  elector,  except  when  otherwise  specially  pro- 
vided.    En.  March  12,  1872.     Am'd.  1891,  29. 

Qualified  elector — who  is:   Post,  sec.  1083. 

Ineligible  to  office — persons  who  are:  Post,  sees.  841, 
842. 

§  59.  Rights  and  duties  of  citizens  not  electors.  An 
elector  has  no  rights  or  duties  beyond  those  of  a  citizen 
not  an  elector,  except  the  right  and  duty  of  holding  and 
electing  to  office.    En.  March  12,  1872. 

§  60.     Rights  and  duties  of  citizens  of  other  states.    A 

citizen  of  the  United  States,  who  is  not  a  citizen  of  this 
state,  has  the  same  rights  and  duties  as  a  citizen  of  this 
state  not  an  elector.    En.  March  12,  1872. 
Cal.  Rep.  Cit.    66,  44. 


PART    II. 


OF  THE  CHIEF  POLITICAL  DIVISIONS,  THE  SEAT 
OF  GOVERNMENT,  AND  LEGAL  DISTANCES  OF 
THE  STATE. 


(33) 


PART    II. 

OF  THE  CHIEF  POLITICAL  DIVISIONS,  THE  SEAT 
OF  GOVERNMENT,  AND  LEGAL  DISTANCES  OF 
THE  STATE. 

TITLE  I. 

CHIEF   POLITICAL  DIVISIONS   OF   THE   STATE. 

Chapter  I.  Counties,  §  75. 

II.  Senatorial   Districts,   §§    78-106.     Superseded. 

III.  Congressional  Districts,  §  117.     Superseded. 

IV.  Judicial  Districts,  §§  125-142.    Repealed. 

CHAPTER  I. 

DIVISION   OF   STATE   INTO    COUNTIES. 

§  75.  The  state  is  divided  into  counties;  the  names, 
boundaries  and  territorial  subdivisions  thereof  are  as  de- 
clared in  part  IV  of  this  code.     En.  March  12,  1872. 

See  post,  sees.  3901  et  seq. 

CHAPTER  II. 

SENATORIAL  DISTRICTS. 

§§  78  to  106,  En.  March  12,  1872,  were  superseded  by  an 
act  entitled:  "An  act  to  define  the  senatorial  and  assembly 
districts  of  this  state,  and  to  apportion  the  representation 
thereof."     Approved  March  16,  1874;   Stats.  1873-4,  366. 

Later  acts  defining  senate  and  assembly  districts:  See 
act  approved  March  11,  1891;  Stats.  1891,  p.  71.  This  act 
was  superseded  by  the  act  of  March  21,  1901,  Stats.  1901, 
p.  535. 

CHAPTER  III. 

CONGRESSIONAL    DISTRICTS. 

§  117,  En.  March  .12,  1872,  was  superseded  by  an  act  en- 
titled: "An  act  to  divide  the  state  into  congressional  dis- 
tricts."    Approved  March  30,  1872;   Stats.  1871-2,  p.  714. 

Later  acts:  See  act  dividing  congressional  districts,  ap- 
proved March  11,  1891,  Stats.  1891,  p.  84.  This  act  was 
superseded  ^V  the  act  of  March  23,  1901,  Stats.  1901,  p.  548. 

(34) 


85  JUDICIAL   DISTRICTS— LEGAL   DISTANCES.  §§  125-145 

CHAPTER  IV. 

JX'DICIAL  DISTRICTS. 

§§  125-142.  (Repealed.)  En.  Marcli  12,  1872.  [Sec.  132, 
amended  1875-6,  1.]  All  these  sections  repealed  Feb.  13, 
1880;  1880,  1. 

Chapter  four,  of  titl-  one,  part  two,  of  the  Political  Code, 
and  all  other  laws  and  parts  of  laws  creating  judicial 
districts  in  this  state,  defining  boundaries  thereof,  or  pro- 
viding terms  of  courts  therein,  are  hereby  repealed.  [Stats. 
1880,  p.  1.] 

Repealed  chapter  comprised  sees.  125-142;  repeal  con- 
formed to  Const.  Cal.,  art.  XXII,  sec.  3. 

TITLE    II. 

SEAT    OF    GOVERNMENT. 
§  145.    Locate-d    at    Sacramento. 

§  145.  Located  at  Sacramento.  The  seat  of  government 
of  this  state  is  at  the  city  of  Sacramento.  En.  March  12, 
1872. 

Seat  of  government,  Sacramento  declared  to  be:  See 
Const.  Cal.,  art.  XX,  sec.  1. 

TITLE     III. 

LEGAL  DISTANCES   IN   THE'  STATE. 

Title  III,  part  II,  is  hereby  amended  so  as  to  read  as 
follows : 

§  150.  Legal    distances. 

§  151.  Froni    Alameda    County    seat. 

§  152.  From   Alpine   County   seat. 

§  153.  From    Amador    County    seat. 

§  154.  From   Butte   County  seat. 

§  155.  From    Calaveras    County    seat. 

§  156.  From    Colusa    County    seat. 

§  157.  From    Contra    Costa   County    seat. 

§  15S.  From   Del    Norte    County   seat. 

§  159.  From    El    Dorado    County    seat. 

§  160.  From    Fresno    County    seat. 

§  161.  From    Glenn    County    seat. 

§  162.  From    Humboldt    County    seat. 

§  163.  From    Inyo   County   seat. 

I  164.  From   Kern   County   seat. 

§  165.  From    Kings    County    seat. 

§  166.  From    Lake    County    seat. 

§  167.  From   Lassen    County   seat.  ' 

§  168.  From    Los   Angeles    County   seat. 

§  169.  From   Madera   County   seat. 


§§  150-153  LEGAL   DISTANCES    IN    THE    STATE.  3n 

§  170.  From   Marin   County  seat. 

§  171.  From   Mariposa   County    seat. 

§  172.  From    Men'docino   County   seat. 

§  173.  From    Merced    County    seat. 

§  174.  From   Modoc   County   seat. 

§  175.  From   Mono   County   seat. 

§  176.  From    Monterey    County    seat. 

§  177.  From    Napa    County   seat. 

§  178.  Fiom    Nevada    County    seat. 

§  179.  From    Orange    County     seat. 

§  ISO.  From    Placer    County    seat. 

§  181.  From   Plumas    County   seat. 

§  1S2.  From    Riverside    Ceunty    seat. 

§  1S3.  From    Sacramento    County    seat. 

§  184.  Fi'om    San    Benito    County    seat.  . 

§  185.  From    San    Bernardino    County    seat. 

§  186.  From    San    Biego    County    seat. 

§  1S7.  From    San    Francisco   County   seat. 

§  1S8.  From   San   Joaquin    County   seat.  • 

§  189.  From  San   Luis  Obispo  County  seat. 

§  190.  From    San    Mateo    County    seat.  , 

§  191.  From   Santa  Barbara   County  seat. 

§  192.  From    Santa    Clara    County    seat. 

§  193.  From    Santa    Cruz    Ccunty   seat. 

§  194.  From   Shasta   County   seat. 

§  195.  Froin   Sierra   County    seat. 

§  19C.  From    Siskiyou    County    seat. 

§  197.  From    Solano    County    seat. 

§  198.  From   Sonoma   County  seat. 

§  199.  From    Stanislaus    County    seat. 

§  200.  From    Sutter    County    seat. 

§  201.  From    Tehama   County    seat. 

§  202.  From    Trinity    County    seat. 

§  203.  From    Tulare    County    seat. 

§  204.  From    Tuolumne    County    seat. 

8  205.  From    Ventura   Covmty    seat. 

§  206.  From   Yolo   County   seat. 

§  207.  From    Tuba    County    seat. 

§  208.  Mileage,    how    computed. 

§  150.  Legal  distances.  The  legal  distances  in  this 
state  are  fixed  as  follows.  En.  March  12,  1872.  Am'd. 
1875-6,  3. 

Legal   distances — basis   of   mileage:    Post,   sec.   208. 

§  151.  From  Alameda  County  seat.  From  the  county 
seat  of  Alameda  County  to  Sacramento,  eighty-four  (84) 
miles.     En.  March  12,  1872.     Am'd.  1875-6,  3;  1903,  330. 

§  152.  From  Alpine  County  seat.  From  the  county  seat 
of  Alpine  County  to  Sacrainonto,  two  hundred  and  twenty- 
five  (225)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  3; 
1903,  330. 

§  153.  From  Amador  County  seat.  From  the  county 
seat  of  Amador  County  to  Sacramento,  fifty-nine  (59) 
miles.     En.  March   12,  1872.     Am'd.  1875-6,  3;    1903,  330. 


S7  LEGAL   DISTANCES   IN   THE   STATE.  §§  154-16:i 

§  154.  From  Butte  County  seat.  From  the  county  seat 
of  Butte  County  to  Sacramento,  eighty-six  (8G)  miles.  En. 
March  12,  1872.     Am'd.  1875-6,  3;  1903,  330. 

§  155.  From  Calaveras  County  seat.  From  the  county 
seat  of  Calaveras  County  to  Sacramento,  seventy-three 
(73)  mile.s.  En.  March  12,  1872.  Am'd.  1875-6,  3;  1903, 
330. 

§  156.  From  Colusa  County  seat.  From  the  county  seat 
of  Colusa  County  to  Sacramento,  seventy-seven  (77)  miles. 
En.  March  12,  1872.     Am'd.  1875-6,  3;   1903,  330. 

Cal.  Rep.  Cit.     5o,  128. 

§  157.  From  Contra  Costa  County  seat.  From  the  coun- 
ty seat  of  Contra  Costa  County  to  Sacramento,  sixty-two 
(62)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  3;  1877-8, 
i;  1903,  330. 

§  158.  From  i  iel  Norte  County  seat.  From  the  county 
seat  of  Del  Norte  County  to  Sacramento,  three  hundred  and 
sixty-four  (364)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
3;   1903,  330. 

§  159.  From  El  Dorado  County  seat.  From  the  county 
seat  of  El  Dorado  County  to  Sacramento,  sixty  (60)  miles. 
En.  March  12,  1872.     Am'd.  1875-6,  3;    1903,  330. 

Cal.  Rep.  Cit.     55,  128. 

§  160.  From  Fresno  County  seat.  From  the  county  seat 
of  Fresno  County  to  Sacramento,  one  hundred  and  sixty- 
nine  (169)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4; 
1903,  330. 

§  161.  From  Glenn  Ccunty  seat.  From  the  county  seat 
of  Glenn  County  to  Sacramento,  eighty-eight  (88)  miles. 
En.  March  12,  1872.     Am'd.  1875-6,  4;   1903,  330. 

§  162.  From  Humboldt  County  seat.  From  the  county 
seat  of  Humboldt  County  to  Sacramento,  three  hundred  and 
twelve  (312)  miles.  En.  March  12,  1872.  Am'd.  1873-4,  61; 
1875-6,  4;   1903,  330. 

§  163.  From  Inyo  County  seat.  From  the  county  seat 
of  Inyo  County  to  Sacramento,  four  hundred  and  s  xty-six 
.(466)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4;  1903, 
330. 


§§  164-173  LEGAL  DISTANCES   IN   THE   STATE.  IS 

§  164.  From  Kern  County  seat.  From  the  county  seat 
of  Kern  County  to  Sacramento,  two  hundred  and  seventy- 
eight  (278)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4; 
1903,  330. 

§  165.  From  Kings  County  seat.  From  the  county  seat 
of  Kings  County  to  Sacramento,  two  hundred  and  fourteen 
(214)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4;  1903, 
330. 

§  166.  From  Lake  County  seat.  From  the  county  seat 
of  Lake  County  to  Sacramento,  one  hundred  and  sixty 
(160)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4;  1903, 
330. 

§  167.  From  Lassen  County  seat.  From  the  county  seat 
of  Lassen  County  to  Sacramento,  two  hundred  and  sixty 
(260)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4;  1903, 
330. 

§  168.  From  Los  Angeles  County  seat.  From  the  coun- 
ty seat  of  Los  Angeles  County  to  Sacramento,  four  hun- 
dred and  forty-seven  (447)  miles.  En.  March  12,  1872. 
Am'd.  1875-6,  4;  1903,  330. 

§  169.  From  Madera  County  seat.  From  the  county  seat 
of  Madera  County  to  Sacramento,  one  hundred  and  forty- 
seven  (147)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  4; 
1903,  330. 

§  170.  From  Marin  County  seat.  From  the  county  seat 
of  Marin  County  to  Sacramento,  one  hundred  and  fivo  (105) 
miles.     En.  March  12,  1872.     Am'd.  1875-6,  4;   1903,  330. 

§  171.  From  Mariposa  County  seat.  From  the  county 
seat  of  Mariposa  County  to  Sacramento,  one  hundred  and 
eighty  (180)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  172.  From  Mendocino  County  seat.  From  the  county 
seat  of  Mendocino  County  to  Sacramento,  one  hundred  and 
fifty  (150)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  173.  From  Merced  County  seat.  From  the  county  seat 
of  Merced  County  to  Sacramento,  one  hundred  and  four- 
teen (114)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 


89  LEGAL,    DISTANCES    IN   THE    STATE.  §§  174-184 

§  174.  From  Modoc  County  seat.  From  the  county  seat 
of  Modoc  County  to  Sacramento,  three  hundred  and  twen- 
ty-four (324)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  175.  From  Mono  County  seat.  From  the  county  seat 
of  Mono  County  to  Sacramento,  two  hundred  and  ninety- 
six  (296)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  176.  From  Monterey  County  seat."  From  the  county 
seat  of  Monterey  County  to  Sacramento,  two  hundred  and 
eight  (208)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  177.  From  Napa  County  seat.  From  the  county  seat 
of  Napa  County  to  Sacramento,  sixty-one  (61)  miles.  En. 
March  12,  1872.     Am'd.  1875-6,  5;   1903,  330. 

§  178.  From  Nevada  County  seat.  From  the  county 
seat  of  Nevada  County  to  Sacramento,  seventy-seven  (77) 
miles.     En.  March  12,  1872.     Am'd.  1875-6,  5;  1903,  330. 

§  179.  From  Orange  County  Seat.  From  the  county 
seat  of  Orange  County  to  Sacramento,  four  hundred  and 
eighty-one  (481)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
5;  1903,  330. 

§  180.  From  Placer  County  seat.  From  the  county  seat 
of  Placer  County  to  Sacramento,  thirty-seven  (37)  miles. 
En.  March  12,  1872.     Am'd.  1875-6,  5;  1903,  330. 

§  181.  From  Plumas  County  seat.  From  the  county 
seat  of  Plumas  County  to  Sacramento,  one  hundred  and 
thirty-six  (136)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
5;   1877-8,  1;  1903,  330. 

§  182.  From  Riverside  County  seat.  From  the  county 
seat  of  Riverside  County  to  Sacramento,  five  hundred  and 
twelve  (512)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  5; 
1903,  330. 

§  183.  From  Sacramento  County  seat.  From  the  county 
seat  of  Sacramento  to  the  state  capitol,  one  (1)  mile.  En. 
March  12,  1872.     Am'd.  1875-6,  6;  1903,  330. 

§  184.  From  San  Benito  County  seat.  From  the  county 
seat  of  San  Benito  County  to  Sacramento,  one  hundred 


§§  1S5-194  LEGAL,  DISTANCES   IN    THE   STATE.  40 

and  seventy-three  (173)  miles.     En.  March  12,  1872.     Am'd. 
1875-6,  6;   1903,  330. 

S  185.  From  San  Bernardino  County  seat.  From  the 
county  seat  of  .  i.n  Bernardino  County  to  Sacramento,  five 
hundred  and  eight  (508)  miles.  En.  March  12,  1872.  Am'd. 
1875-6,  6;  1903,  330. 

§  186.  From  San  Diego  County  seat.  From  the  county 
seat  of  San  Diego  County  to  Sacramento,  five  hundred  and 
seventy-three  (573)  miles.  En.  March  12,  1872.  Am'd. 
1875-6,  6;   1903,  330. 

§  187.  From  San  Francisco  County  seat.  From  the  city 
of  San  Francisco  to  Sacramento,  ninety  (90)  miles.  En. 
March  12,  1872.     Am'd.  1875-6,  6;  1903,  330. 

§  188.  From  San  Joaquin  County  seat.  From  the  county 
seat  of  San  Joaquin  County  to  Sacramento,  forty-eight  (48) 
miles.     En.  March  12,  1872.     Am'd.  1875-6,  6;  1903,  330. 

§  189.  From  San  Luis  Obispo  County  seat.  From  the 
county  seat  of  San  Luis  Obispo  County  to  Sacramento, 
three  hundred  and  forty-three  (343)  miles.  En.  March 
12,  1872.     Am'd.  1875-6,  6;  1903,  330. 

§  190.  From  San  Mateo  County  seat.  From  the  county 
seat  of  San  Mateo  County  to  Sacramento,  one  hundred  and 
nineteen  (119)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
6;  1903,  330. 

§  191.  From  Santa  Barbara  County  seat.  From  the 
county  seat  of  Tanta  Barbara  County  to  Sacramento,  four 
hundred  and  sixty  (460)  miles.  En.  March  12,  1872.  Am'd. 
1875-6,  6;  1903,  330. 

§  192.  From  Santa  Clara  County  seat.  From  the  county 
seat  of  Santa  Clara  County  to  Sacramento,  one  hundred 
and  twenty-eight  (128)  miles.  En.  March  12,  1872.  Am'd. 
1875-6,  0;   1903,  330. 

§  193.  From  Santa  Cruz  County  seat.  From  the  county 
seat  of  Santa  Cruz  County  to  Sacramento,  one  hundred  and 
ninety-eight  (198)  miles.  En.  March  12,  1872.  Am'd. 
1875-6,  6;    1903,  330. 

§  194.  From  Shasta  County  seat.  From  the  county  seat 
of  Shasta  County  to  Sacramento,  one  hundred  anj  seventy- 


41  LEGAL,   DISTANCES   IN   THE    STATE.  §§  195-205 

one    (171)    miles.     En.   March   12,   1872.     Am'd.   1873-4,   3; 
1875-6,  6;  1903,  330. 

§  195.  From  Sierra  County  seat.  From  the  county  seat 
of  Sierra  County  lo  Sacramento,  one  hundred  and  nineteen 
(119)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  7;  1903, 
330. 

§  196.  From  Siskiyou  County  seat.  From  the  county 
seat  of  Siskiyou  County  to  Sacramento,  two  hundred  and 
ninety-five  (295)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
7;    1903.  330. 

§  197.  From  Solano  County  seat.  From  the  county  seat 
of  Solano  County  to  Sacramento,  forty  (40)  miles.  En. 
March  12,  1872.     Am'd.  1875-6,  7;   1903,  330. 

§  198.  From  Sonoma  County  seat.  From  the  county 
seat  of  Sonoma  County  to  Sacramento,  ninety  (90)  miles. 
En.  March  12,  1872.     Am'd.  1875-6,  7;  1903,  330. 

§  199.  From  Stanislaus  County  seat.  From  the  county 
seat  of  Stanislaus  County  to  Sacramento,  seventy-seven 
(77)  miles.  En.  March  12,  1872.  Am'd.  1875-6,  7;  1877-8, 
2;   1903,  330. 

§  200.  From  Sutter  County  seat.  From  the  county  seat 
of  Sutter  County  to  Sacramento,  fifty-eight  (58)  miles. 
EH.  March  12,  1872.     Am'd.  1875-6,  7;   1903,  330. 

§  201.  From  Tehama  County  seat.  From  the  county 
seat  of  Tehama  County  to  Sacramento,  one  hundred  and 
thirty-five  (135)  miles.  En.  March  12,  1872.  Am'd.  1875-6, 
7;  1903,  330. 

§  202.  From  Trinity  County  seat.  From  the  county  seat 
of  Trinity  County  to  Sacramento,  two  hundred  and  seven- 
teen (217)  miles.     En.  Stats.  1875-6,  7.     Am'd.  1903,  330. 

§  203.  From  Tulare  County  seat.  Prom  the  county  seat 
of  Tulare  County  to  Sacramento,  two  hundred  and  six 
(206).     En.  Stats.  1875-6,  7.     Am'd.  1903,  330. 

§  204.  From  Tuolumne  County  seat.  From  the  county 
seat  of  Tuolumne  County  to  Sacramento,  one  hundred  and 
twenty-five  (125)  miles.    En.  Stats.  1903,  334. 

§  205.  From  Ventura  County  seat.  From  the  county 
seat  of  Ventura  Country  to  Sacramento  four  hundred  and 
ninety  (490)  miles.    En.-Stats.  1903,  334, 


§§  206-208  LEGAL.    EISTANCES    IN    THE    STATE,  <1 

§  206.  From  Yolo  County  seat.  From  the  county  seat 
of  Yolo  County  to  Sacramento,  twenty-three  (23)  miles. 
En.  Stats.  1903,  334. 

§  207.  From  Yuba  County  seat.  From  the  county  seat 
of  Yuba  County  to  Sacramento,  fifty-two  (52)  miles.  En. 
Stats.  1903,  334. 

§  208.  Mileage,  how  computed.  When  mileage  is  al- 
lowed by  law  to  any  person,  the  distance  must  be  computed 
as  herein  fixed.     En.  Stats.  1903,  334. 


PAKT    III. 


OF  THE  GOVERNMENT  OF  THE  STATE. 


<i3) 


PART  III. 

OF  THE  GOVERNMENT  OF  THE  STATE. 

Title  I.  Public  Officers,  §§   220-1032. 

n.  Elections,   §§    1041-1380. 

m.  Education,  §§  1385-1891. 

IV.  Militia,  §§  1895-2117. 

V.  Public  Institutions,  §§  2136-2328. 

VI.  Public    Ways,    §§    2348-2938. 

VII.  General  Police  of  the  State,  §§  2949-3387. 

VIII.  Property  of  the  State,  §§  3395-3597. 

IX.  Revenue  of  the  State,  §§  3607-3900. 

TITLE  I. 

PUBLIC  OFFICERS. 

Chapter  I.  Classification  of  Public  Officers,  §  220. 

II.  Legislative  Officers,  §§  225-337. 

III.  Executive  Officers,  §§  341-715. 

IV.  Judicial  Officers,  §  726. 

V.     Salaries  of  Judicial  Officers,  §§  736-739. 
VI.     Ministerial  and  Other  Officers  Connected  with 
the  Courts,   §§   749-831. 
VII.     General      Provisions      Relative      to      Different 
Classes  of  Officers,  §§  841-1032. 

CHAPTER  I. 

CLASSIFICATION     OF     PUBLIC     OFFICERS. 
§  L'20.     C'.asslfication    of    iniblic    officers. 

]  220.     Classification     of     public     officers.     The     public 
officers  of  this  state  are  classified  as  follows: 

1.  Legislative; 

2.  Executive; 

3.  Judicial; 

4.  Ministerial  officers  and  officers  of  the  courts; 

But  this  classification  is  not  to  be  construed  as  defining 
the  legal  powers  of  either  class.     En.  March  12,  1872. 

(44) 


45  LEGISLATIVE     OFFICERS.  §§  225,  22r. 

Subd.  1.  Legislative  officers:   Post,  sees.  225-304. 

Siibd.  2.  Executive  officers:   Post,  sees.  341-715. 

Subd.  3.  .Tudicial  officers:   Post,  sees.  726-739. 

Subd.  4.  Ministerial  officers:    Post,   sees.  749-817. 

CHAPTER  II. 

LEGISLATIVE   OFFICERS. 

Article    I.     Number.   Designation,   Term  of  Office,   and  Election  of  Men-.- 
bPi-s.     §§    225-230. 
II.     Meeting' and    Organization    of    the    Legislature,     §§    235-240. 

III.  Number,     Designation,     Election    and    Appointment    of    Off- 

cer.s    and    En-,ployees   of   the    Legislature,    §§    245-250. 

IV.  Powers  and   Duties  of  Officers  and   Employees  of   the   Legis- 

lature,   §§    252-261. 
V.     Compentation    of    Members,    Officers,    and    Employees    of    the 

Legis'ature.     §§    266-269. 
VI.     Contesting    Elections    for    Members    of    the    Legislature,     §§ 
273-2S3. 
VII.     Contesting    Elections   for    Governor   or   Lieutenant    Governor, 

§§    2SS-295. 
Vi.i.     Attendance   and    Examination   of  Witnesses  before    the   Leg- 
islature  and   Committees   thereof,    §§    300-304. 
IX.     Enactment    of    Statutes,    §§    309-313. 
X.     Promulgation   of  Statutes,    §   318. 
XI.     Operation    of    Statutes,    i(§ '323-330. 
XII      Public    Reports,     §§    332-3.37. 

ARTICLE  I. 

N'UMBER,     DESIGNATION,     TERM     OP    OFFICE,     AND     ELECTION 
OF    MEMBERS    OF    THE    LEGISLATURE. 

§  225.  Number    and    designation. 

§  22f).  Term    of    office. 

§  227.  Election    of    senators. 

§  22S.  Same. 

§  229.  Election    of  members   of  the  assembly. 

§  230  Apportionment  of  members  of  the  assembly. 

§  225.     Number   and    designation.     The   legislature    con- 
sists of: 

1.  Forty  senators;  and, 

2.  Eighty  members  of  the  assembly.     En.  March  12,  1872. 
Legislature  of  the  state  of  California,  legislative  power 

vested  in:    Const.  Cal.,  art.  IV,  sec.  1.     Number  of  mem- 
bers: Const.  Cal.,  art.  IV,  sec.  5. 

§  226.     Term  of  office.     The  term  of  office  of  a  senator, 
is  four  years;   of  a  member  of  the  assembly,  two  years. 
En.  March  12,  1872. 

Term  of  office  of  members  of  legislature:    Const.   Cal., 
art.  IV,  sees.  3-5. 


§§  227-237  LEGISLATIVE    OFFICERS.  46 

§§  227-230.  Election  of  senators.  Election  of  members 
of  the  assembly.  Apportionment  of  members  of  the  as- 
sembly. Sections  227  to  230,  inclusive,  En.  March  12,  1872, 
are  superseded  by  sections  30-32  of  act  of  March  16,  1874 
(Amendments  1873-4,  p.  366),  defining  senatorial  and  as- 
sembly districts.  This  act  has  been  in  turn  superseded  by 
later  acts.  The  last  act  defining  legislative  districts  is 
the  act  of  March  21,  1901,  Stats.  1901,  p.  535. 

ARTICLE  11. 

MEETING    AND   ORGANIZATION   OF   THE    LEGISLATURE. 

§  235.  Time   and  place   of  meeting. 

§  236.  Certificate    of    election,    evidence    of   right    to    seat. 

§  237.  Officers    who    hold    until    successors    are    elected. 

§  23S.  Senate,    organization   of. 

§  239.  Assembly,    organization    of. 

§  240.  Oath    to   be   entered   on   journals. 

§  235.  Time  and  place  of  meeting.  The  legislature  shall 
assemble  at  the  seat  of  government  at  twelve  o'clock  M.  on 
the  first  Monday  after  the  first  day  of  January,  eighteen 
hundred  and  eighty-one,  and  on  the  first  Monday  after  the 
first  day  of  January,  every  two  years  thereafter.  En. 
March  12,  1872.     Am'd.  1880,  48. 

Sessions  of  the  legislature:   Const.  Cal.,  art.  IV.,  sec.  2. 

§  236.  Certificate  of  election,  evidence  of  right  to  seat. 
The  certificate  of  election  is  prima  facie  evidence  of  the 
right  to  membership.     En.  March  12,  1872.    Am'd.  1873-4,  3. 

Qualifications  of  members,  each  house  the  judge  of: 
v_onst.  Cal.,  .art.  IV,  sec.  7. 

Contesting  elections,  for  members  of  the  legislature: 
Post,  sees.  273-283. 

§  237.     Officers  who    hold    until    successors   are   elected. 

The  secretary  of  the  senate,  and  the  clerk  of  the  assembly, 
the  minute  clerks,  and  sergeant-at-arms  of  each  house,  for 
any  session,  must,  at  the  next  succeeding  session  of  the 
body,  perform  the  duties  of  their  offices,  until  their  suc- 
cessors are  elected  and  qualified.  Said  officers,  and  no 
others,  shall  be  allowed  mileage.  The  secretary  of  the 
senate  may  appoint  a  postmaster,  three  gatekeepers,  and 
three  pages.  The  chief  clerk  of  the  assembly  may  appoint 
a  postmaster,  three  gatekeepers,  and  three  pages.  The 
sergeant-at-arms  of  the  senate  and  of  the  assembly  may 


47  LEGISLATIVE   OFFICERS.  Si  238-240 

each  appoint  an  assistant  sergeant-at-arms.  There  shall 
be  no  other  officers  or  employees  of  either  house  until 
the  permanent  organization  is  completed.  Such  officers 
shall  serve  only  until  said  permanent  organization  is  com- 
pleted.    En.  March  12,  1872.     Am'd.  1897,  24. 

§  238.  Senate,  organization  of.  At  the  hour  of  twelve 
o'clock  M.  on  the  day  appointed  for  the  meeting  of  any 
regular  session  of  the  legislature,  the  president  of  the 
senate,  or  in  case  of  his  absence  or  inability,  then  the 
senior  member  present,  must  take  the  chair,  call  the  mem- 
bers and  members-elect  to  order,  and  then  cause  the  secre- 
tary to  call  over  the  senatorial  districts,  in  their  order, 
from  which  members  have  been  elected  at  the  preceding 
election,  and  as  the  same  are  called  the  members-elect 
must  present  their  certificates,  take  the  constitutional  oath 
of  office,  and  assume  their  -^eats.  The  senate  may  there- 
upon, if  a  quorum  is  present,  proceed  to  elect  its  officers. 
En.  March  12,  1872. 

Oath :  As  to  the  form  of  the  oath,  see  Const.  Cal.,  art. 
XX,  sec.  3;  and  with  regard  to  the  time  when  members 
of  the  legislature  may  take  the  oath,  see  post,  sec.  906. 

Quorum:  See  Const.  Cal.,  art.  IV,  sec.  8. 

§  239.  Assembly,  organization  of.  At  the  time  specified 
in  section  two  hundred  and  thirty-eight  the  clerk  of  the  as- 
sembly, or  in  case  of  his  absence  or  inability,  then  the 
senior  member-elect  present,  must  take  the  chair,  call  the 
members-elect  to  order,  and  then  call  over  the  roll  of 
counties  in  alphabetical  order;  and  as  the  same  are  called 
the  members  elect  must  present  their  certificates,  take 
the  constitutional  oath  of  office,  and  assume  their  seats. 
The  assembly  may  thereupon,  if  a  quorum  is  present,  pro- 
ceed to  elect  its  officers.     En.  March  12,  1872. 

§  240.  Oath  to  be  entered  on  journals.  An  entry  of  the 
oath  taken  by  members  of  the  legislature  must  be  made 
on  the  journals  of  the  proper  house.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     80,  213. 

Journal  kept  by  each  house:  Const.  Cal,,  art.  IV,  sec. 
10;  post,  sec.  256. 


§  245  LEGISLATIVE   OFFICERS. 


ARTICLE  III. 

NUMBER,     DESIGNATION,      ELECTION     AND     APPOINTMENT     OF 
OFFICERS   AND   EMPLOYEES   OF   THE   LEGISLATURE. 

§  2-15.  Officers  of  the  senate. 

§  24'6.  Officers  of  the  assembly. 

§  247.  How    elected. 

§  248.  Standing    committees,    appointments    of. 

§  249.  Duties    of    committees. 

§  250.  Codifying    laws. 

§  245.  Officers  of  the  senate.  The  officers  and  em- 
ployees of  the  senate  shall  consist  of  a  president,  a  presi- 
dent pro  tem.,  a  secretary,  three  assistant  secretaries  (who 
shall  be  appointed  by  the  secretary,  by  and  with  the  advice 
and  consent  of  the  senate),  one  assistant  at  the  desk, 
one  sergeant-at-arms,  one  assistant  sergeant-at-arms,  one 
assistant  sergeant-at-arms  for  the  finance  committee,  one 
:  ssistant  sergeant-at-arms  for  the  judiciary  committee,  one 
assistant  sergeant-at-arms  to  ba  assigned  by  the  sergeant- 
at-arms  to  any  committee  requiring  the  same,  one  book- 
keeper for  the  sergeant-at-arms  (who  shall  be  appointed 
by  the  sergeant-at-arms,  by  and  with  the  advice  and  con- 
sent of  the  senate),  one  minute  clerk,  three  assistant  min- 
ute clerks,  one  journal  clerk,  two  assistant  journal  clerks, 
one  engrossing  and  enrolling  clerk,  three  assistant  en- 
grossing and  enrolling  clerks,  two  'assistant  engrossing 
and  enrolling  clerks  (said  two  to  be  elected  on  the  thirtieth 
day  of  the  session),  one  history  clerk,  one  assistant  history 
clerk,  three  bill  filers,  four  bill  clerks,  a  chaplain,  one 
postmaster,  one  assistant  postmaster,  two  mail  carriers 
(who  shall  be  mailing  and  folding  clerks),  one  page  to  the 
president  of  the  senate,  four  pages,  three  gatekeepers,  one 
doorkeeper,  one  gallery  doorkeeper,  two  messengers  to 
state  printer,  one  cloakroom  clerk,  five  skilled  stenogra- 
phers (who  shall  be  typewriters,  and  who  shall  be  at 
the  service  of  the  senate,  its  members  and  committees, 
and  under  the  supervision  of  the  secretary  of  the  senate), 
one  stenographer  for  the  finance  committee,  one  stenogra- 
pher for  the  judiciary  committee,  six  porters,  one  rear 
porter,  three  watchmen,  one  janitress  for  ladies'  cloak- 
room, two  press  mailing  clerks;  and  only  such  other  of- 
ficers or  employees  as  the  senate  by  a  three-fifths  vote  of 
ail  the  members-elect  shall  deem  necessary.  Any  officer 
or  employees  appointed  or  elected  under  the  provisions  of 


49  LEGISLATIVE     OFFICERS.  §§  246,  247 

this  section  may  at  any  time  be  removed  by  the  senate. 
En.  March  12,  1872.  Am'd.  1875-6,  8;  1891,  1;  1897,  24; 
1899,  1. 

Cal.  Rep.  Cit.     69,  494. 

}  246.  Officers  of  the  assembly.  The  officers  and  em- 
ployees of  the  assembly  shall  consist  of  a  speaker,  a 
speaker  pro  tern.,  one  chief  ulerk,  four  assistant  clerks 
(who  shall  be  appointed  by  the  chief  clerk,  by  and  with 
the  advice  and  consent  of  the  assembly),  one  sergeant-at- 
arms,  one  assistant  sergeant-at-arms,  one  clerk  for  the 
sergeant-at-arms,  one  bookkeeper  to  the  sergeant-at-arms 
(said  bookkeeper  to  be  appointed  by  the  sergeant-at-arms, 
by  and  with  the  advice  and  consent  of  the  assembly),  one 
minute  clerk,  two  assistant  minute  clerks,  one  journal 
clerk,  one  assistant  journal  clerk,  one  engrossing  and  en- 
rolling clerk,  two  assistant  engrossing  and  enrolling  clerks, 
and  two  additional  assistant  engrossing  and  enrolling 
clerks  (said  last  two  to  be  elected  on  the  thirtieth  day  of 
the  session),  one  file  clerk  to  keep  the  files,  four  bill 
filers,  one  chaplain,  one  postmaster,  one  assistant  post- 
master, one  mail  carrier  (who  shall  be  mailing  and  fold- 
ing clerk),  one  page  to  speaker,  six  pages,  three  gate- 
keepers, one  doorkeeper,  one  gallery  doorkeeper,  one  mes- 
senger to  printer,  one  history  clerk,  one  bill  clerk,  four 
assistant  bill  clerks,  thirty  committee  clerks  (to  be  as- 
signed to  committees,  actually  requiring  the  use  of  a 
clerk),  six  skilled  stenographers  (who  shall  be  typewriters, 
and  who  shall  be  at  the  service  of  the  assembly,  its 
members,  and  its  committees  under  the  supervision  of  the 
chief  clerk),  five  porters,  three  watchmen,  one  fireman, 
one  sergeant-at-arms  for  the  ways  and  means  committee, 
one  sergeant-at-arms  for  the  judiciary  committee,  one  en- 
gineer, one  electrician,  one  janitress  and  one  elevator  at- 
tendant; and  only  such  other  officers  or  employees  as  the 
assembly  by  a  three-fifths  votj  of  all  the  members  elect 
shall  deem  necesjary.  Any  officer  or  employee  appointed 
or  elected  under  .he  provisions  of  this  section  may  at  any 
time  be  removed  by  the  assembly.  En.  March  12,  1872. 
Am'd.  1875-6,  8;  1891,  2;  1897,  25;  1899,  2. 

§  247.  How  elected.  All  officers  and  employees  of  the 
legislature,  except  the  president  of  the  senate,  porters 
and  pages,  must  be  elected  by  the  house  to  which  such 
officers   and   employees   are    attached.    The   porters   and 

Pol.   Code— 4 


9S  248-250  LEGISLATIVE    OFFICERS.  50 

images  shall  be  appointed  by  the  presiding  officers  of  their 

•.'espective  houses.     En.  March  12,  1872.     Am'd.  1875-6,  8. 

Elected  by  the  house:  See  Const.  Cal.,  art.  IV,  sec.  7. 

§  248.  Standing  committees,  appointments  of.  All  stand- 
ing committees  of  the  senate  and  assembly  shall  be  ap- 
pointed by  the  presiding  officer  of  the  respective  houses; 
provided,  that  each  house  may  by  resolution,  or  the  rules 
thereof,  dfrect  otherwise.  EH.  Stats.  1875-6,  8.  Rep.  1891, 
426.     En.  1899,  165. 

§  249.  Duties  of  committees.  The  rules  of  each  house 
may  prescribe  the  duties  of  each  committee  thereof.  In 
addition  to  the  duties  that  may  thus  be  prescribed,  it  shall 
be  the  duty  of  the  judiciary  committee  of  each  house, 
whenever  a  bill  drawn  in  the  form  of  a  general  law  is 
recommended  for  passage,  either  as  introduced,  or  as 
amended  by  such  committee,  if  it  relates  to  and  should 
form  part  of  any  subject  contained  in  either  one  or"  more 
of  the  codes  of  this  state,  to  accompany  such  recommenda- 
tir\  with  a  substitute,  or  substitutes  therefor,  containing 
a  suitable  title  and  the  provisions  of  such  bill  in  codified 
form,  and  numbered  so  as  to  indicate  in  what  code,  and 
what  part  thereof,  it  is  proposed  to  insert  the  same  In 
case  of  enactment.  En.  Stats.  1875-6,  8.  Rep.  1891,  426. 
En.  1899,  165. 

§  250.  Codifying  Iews.  When  any  standing  committee 
of  the  senate,  or  assembly,  other  than  the  judiciary  com- 
mittee thereof,  favorably  report  any  bill  referred  thereto, 
if  such  bill  is  in  the  form  of  a  general  law,  the  same  shall 
placed  on  file,  retain  its  place  thereon,  and  be  referred 
to  the  judiciary  committee,  whereupon  such  committee 
must,  if  the  bill  relates  to  and  should  form  part  of  any 
subject  contained  in  either  one  or  more  of  the  codes  of 
this  state,  codify  the  same,  and  within  two  days  after  such 
reference,  unless  additional  time  is  granted,  report  a 
substitute  or  substitutes  therefor  in  the  manner  provided 
♦n  the  preced.ng  section.    En.  Stats.  1899,  165. 


51  LEGISLATIVE    OFFICERS.  §§  252-25K 

ARTICLE  IV. 

POWERS     AND     DUTIES     OF    THE    OFFICERS     AND     EMPLOYEES 
OF    THE    LEGISLATURE. 

§  252.  What   officers   of,    may   administer  oaths. 

§  253.  Duties  of   secretary   and   clerk. 

§  254.  Duties    of   assistant    secretary   and   assistant   clerk. 

§  255.  Duties    of    'Tiinute   clerk. 

§  256.  Daily   journal    of   each    house    to   be   printed. 

§  257.  Duties    of   journal    clerk    of    assembly.     (Repealed.) 

§  25S.  Duties    of    copying   clerks.     (Repealed.) 

§  259.  Duties    of   sergeants-at-arms. 

§  260.  Duties   of  assistant   sergeants-at-arms. 

§  261.  Duties   of  officers   at   close  of   session. 

§  252.     What    officers    of,    may    administer    oaths.     The 

president  and  president  pro  tern,  of  the  senate,  and  the 
speaker  and  speaker  pro  tern,  of  the  assembly,  may  ad- 
minister the  oath  of  office  to  any  senator  or  assemblyman, 
and  to  the  officers  of  their  respective  bodies.  The  mem- 
bers of  any  committee  may  administer  oaths  to  witnesses 
in  any  matter  under  examination.  En.  March  12,  1872. 
Oath  of  office:  Post,  sees.  904-910. 

§  253.  Duties  of  secretary  and  clerl<.  The  secretary  of 
the  senate  and  the  chief  clerk  of  the  assembly  must  attend 
each  day,  call  the  roll,  read  the  journal  and  bills,  and 
superintend  all  copying  necessary  to  be  done  for  their 
respective  houses.     En.  March  12,  1872. 

§  254.     Duties  of  assistant  secretary  and  assistant  clerk. 

The  assistant  secretaries  of  the  senate  and  the  assistant 
clerks  of  the  assembly  must  take  charge  of  all  bills,  peti- 
tions and  other  papers  presented  to  their  respective  houses, 
file  and  enter  the  same  in  the  books  provided  for  that 
purpose,  and  perform  such  other  duties  as  may  be  directed 
by  the  secretary  of  the  senate  and  chief  clerk  of  the 
assembly.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     72,  9. 

§  255.  Duties  of  minute  clerk.  The  minute  clerk  of  the 
senate  and  the  minute  clerk  of  the  assembly  must  keep  a 
correct  record  of  the  proceedings  of  their  respective  houses. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     69,  494. 

§  256.     Daily   journal    of   each    house   to    be   printed.     A 

sufficient  number  of  copies  of  each  day's  proceedings  of 
each  house  of  the  legislature  shall  be  printed  by  the  state 


§§  257-260  LEGISLATIVE    OFFICERS.  •■ 

printer,  in  bool^;  form,  separately,  to  supply  the  members 
of  both  houses  and  chief  officc-s  daily  during  the  session 
with  the  journal  of  the  previous  day's  proceedings;  and 
also  a  sufficient  number  of  copies,  with  proper  repaging, 
to  bind  at  the  end  of  the  session  of  the  legislature,  in 
book  form,  as  the  journals  of  the  senate  and  assembly;  one 
copy  of  which  daily  journal  of  each  house,  upon  the  ap- 
proval thereof  by  the  house  of  which  it  is  such  daily 
journal,  shall  be  authenticated  as  so  approved  by  the  pre- 
siding officer  and  chief  clerk  or  secretary  (as  the  case  may 
be)  of  the  house  so  approving  it;  and  upon  the  final  ad- 
journment of  the  legislature  such  copy  of  the  daily  journal 
of  each  house  for  the  entire  session,  so  authenticated, 
shall  be  properly  bound  in  separate  volumes,  and  deposited 
in  the  office  of  the  secretary  of  state  as  the  official  journals 
of  both  houses  of  the  legislature.  En.  March  12,  1872. 
Am'd.  1891,  425. . 

Cal.  Rep.  Cit.     69,  494;    80,  213. 

§  257.     Duties  of  journal  clerk  of  assembly.     (Repealed). 
En.  March  12,  1872.     Rep.  1891,  425. 
Cal.  Rep.  Cit.     69,  494. 

§  258.  Duties  of  copying  clerks.  (Repealed).  En.  March 
1^    1872.     Rep.  1875-6,  9. 

§  259.  Duties  cf  sergeants-at-arms.  The  sergeant-at-arms 
of  the  senate  and  the  sergeant-at-arms  of  the  assembly 
must  give  a  general  supervision,  under  the  direction  of 
tneir  presiding  officers,  to  the  senate  and  assembly  cham- 
bers, with  the  rooms  attached;  attend  during  the  sittings 
of  their  respective  bodies,  execute  their  commands,  and 
all  process  issued  by  their  authority;  keep  an  account  for 
pay  and  mileage  of  members,  and  prepare  checks  for  the 
same.     En.  March  12,  1872. 

Pay  and  mileage  of  members:  Post,  sec.  266. 

§  260.  Duties  of  assistant  sergeants-at-arms.  The  as- 
sistant sergeant-at-armf!  of  each  house  must  perform  the 
duties  of  doorkeeper,  prohibit  all  persons,  except  members, 
officers  and  employees,  and  such  other  persons  as  may  have 
the  privilege  of  the  floor  assigned  them  by  the  rules  of 
each  house,  from  entering  within  the  bar  of  the  house, 
unless  upon  invitation,  and  keep  order  in  the  halls  and 
lobbies.     En.  March  12,  1872. 

Doorkeeper — open  doors:  Const.  Cal.,  art.  IV,  sec.  13. 


53  LEGISLATIVE    OFFICERS.  §§  261-2G8 

§  261.  Duties  of  officers  at  close  of  session.  The  secre- 
tary and  assistant  secretaries  of  the  senate,  and  chief 
clerk  and  assistant  clerks  of  the  assembly,  at  the  close  of 
each  session  of  the  legislature,  must  mark,  label  and  ar- 
range all  bills  and  papers  belonging  to  the  archives  of 
their  respective  houses,  and  deliver  them,  together  with  all 
t  e  books  of  both  houses,  to  the  secretary  of  state,  who 
must  certify  to  the  reception  of  the  same.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     69,  494;  69,  495. 

ARTICLE  V. 

COMPENSATION     OF     MEMBERS,     OFFICERS     AND      EMPLOYEE.-^ 
OF    THE    LEGISLATURE. 

§  266.  Per    diem    and    mileage    of    members. 

§  267.  Per    diem    and    mileage    of    speaker    of   assembly. 

§  268.  Compensation    of    other    officers    and    employees. 

§  269.  Compensation   for  services  after  close  of  session. 

§  266.  Per  diem  and  mileage  of  members.  Members  of 
the  legislature  shall  receive  eight  dollars  per  day,  payable 
weekly,  during  the  session  of  the  legislature,  and  ten 
cents  per  mile  for  each  mile  of  travel  to  and  from  their 
r-sidences  and  the  place  of  holding  the  session.  En.  March 
12,  1872.     Am'd.  1877-8,  5;  1880,  48. 

Cal.   Rep.   Cit.     78,   272. 

Section  conforms  to  Const.  Cal.,  1879,  art.  I'V,  sec.  23. 

§  267.     Per  diem   and    mileage  of  speaker   of   assembly. 

The  speaker  of  the  assembly  shall  receive  the  sum  of  ten 
dollars  per  diem  during  the  session  of  the  legislature,  and 
the  same  mileage  and  sum  for  contingent  expenses  as 
members  of  the  legislature.  En.  March  12,  1872.  Am'd. 
1877-8,  5;    1880,  87. 

§  268.  Compensation  of  other  officers  and  employees. 
There  shall  be  paid  to  the  officers  and  employees  of  the 
senate  the  following  salaries:  To  the  secretary,  eight  dol- 
lars per  day;  to  the  assistant  secretaries,  sergeant-at-arms, 
minute  clerk,  assistant  minute  clerks,  journal  clerk,  en- 
grossing and  enrolling  clerk,  and  history  clerk,  each,  six 
dollars  per  day;  to  the  assistant  sergeants-at-arms,  book- 
keeper to  sergeant-at-arms,  assistant  journal  clerks,  as- 
sistant engrossing  and  enrolling  clerks,  assistant  history 
clerk,  and  assistant  at  desk,  each,  five  dollars  per  day; 
to  the  chaplain,  four  dollars  per  day;  to  the  stenographers. 


§  269  LEGISLATIVE    OFFICERS.  54 

each,  five  dollars  per  day;  to  the  hill  clerks,  committee 
clerks  (excepting  the  one  clerk  of  the  judiciary  commit- 
tee and  one  clerk  of  the  finance  committee  shall  receive 
each  six  dollars  per  day),  postmaster,  assistant  postmas- 
ter, bill  filers,  cloakroom  clerk,  and  press  mailing  clerks, 
each,  four  dollars  per  day;  to  the  mail  carriers,  gatekeep- 
ers, doorkeepers,  messengers  to  the  printer,  porters,  watch- 
men, and  janitress  to  ladies'  cloakroom,  each,  three  dol- 
lars per  day;  to  each  page,  two  dollars  and  fifty  cents  per 
day. 

There  shall  be  paid  to  the  officers  and  employees  of  the 
assembly  the  following  salaries:  To  the  clerk,  eight  dol- 
lars per  day;  to  the  assistant  clerks,  sergeant-at-arms, 
minute  clerk,  assistant  minute  clerks,  journal  clerk,  en- 
grossing and  enrolling  clerk,  file  clerk,  and  history  clerk, 
each,  six  dollars  per  day;  to  the  assistant  sergeant-at-arms, 
bookkeeper  to  sergeant-at-arms,  clerk  to  the  sergeant-at- 
arms,  assistant  journal  clerk,  assistant  engrossing  and  en- 
rolling clerks,  and  stenographers,  each,  five  dollars  per 
day;  to  the  committee  clerks  (except  that  one  clerk  of 
the  ways  and  means  committee  and  one  clerk  of  the 
judiciary  committee  shall  each  receive  six  dollars  per  day), 
chaplain,  bill  clerk,  assistant  bill  clerks,  postmaster,  as- 
sistant postmaster,  bill  filers,  engineer,  and  electrician, 
each,  four  dollars  per  day;  to  the  mail  carrier,  gatekeepers, 
doorkeepers,  messenger  to  the  printer,  porters,  elevator 
attendant,  fireman,  sergeant-at-arms  for  the  ways  and 
means  committee,  sergeant-at-arms  for  the  judiciary  com- 
mittee, janitress  and  watchman,  each,  three  dollars  per 
day;  to  each  page,  two  dollars  and  fifty  cents  per  day. 
En.  March  12,  1872.  Am'd.  1875-6,  9;  1891,  2;  1897,  25; 
1899,   3. 

Cal.  Rep.  Cit.     77,  475. 

§  269.  Compensation  for  services  after  close  of  session. 
For  services  performed  under  the  provisions  of  section 
261  of  this  code,  each  of  the  officers  therein  named  receive 
a  compensation  of  fifty  dollars.     En.  March  12,  1872. 


LEGISLATIVE   OFFICERS.  §5  273-27fl 


ARTICLE   VI. 

CONTESTING    ELECTIONS     FOR     MEMBERS     OF     THE     LEGISLA- 
TURE. 

§  273.  "Who    may    contest. 

§  274.  Statement   of   cause   of  contest   to  be   filed. 

§  27.'').  Commission    to    take   testimony. 

§  276.  Notice  to  person  interested.     By  whom  served. 

§  277.  Compelling    attendance    of    witnesses. 

§  278.  Testimony,    how    taken. 

§  279.  Vacancy    in    commission,    how    filled. 

§  280.  Fees    of    officers. 

§  281.  Testimony    to   be    transmitted    to    secretary   of   state. 

§  282.  Depositions. 

§  283.  Further    evidence    may    be    taken. 

§  273.  Who  may  contest.  The  right  of  any  person 
declared  elected  to  a  seat  in  the  senate  or  assembly  may 
be  contested  by  any  qualified  voter  of  the  county  or  district 
to  be  represented  by  such  senator  or  assemblyman.  En. 
March  12,  1872. 

Qualified  voter:  Post,  sees.  1083,  1084. 

§  274.  Statement  of  cause  of  contest  to  be  filed.  The 
person  contesting  such  election  must,  within  twenty  days 
after  the  certificate  cf  election  is  issued,  file  with  the  clerk 
of  the  county,  or  one  of  the  counties  in  which  the  alleged 
cause  of  contest  originated,  a  statement  of  the  grounds  of 
contest,  verified  by  his  oath.  En.  March  12,  1872.  Am'd. 
1873-4,  4. 

Grounds  of  contest,  verified  statement  of:  Compare  Code 
Civ.  Proc,  sees.  1115-1117. 

§  275.  Commission  to  take  testimony.  On  the  filing  of 
such  statement  the  clerk  must  issue  a  commission,  di- 
rected to  two  justices  of  the  peace  of  his  county,  to  meet 
at  a  time  and  place  specified  in  the  commission,  not  less 
tnan  twenty  nor  more  than  thirty  days  from  the  date 
thereof,  for  the  purpose  of  taking  the  depositions  of  such 
witnesses  as  the  parties  to  the  contest  may  wish  to  ex- 
amine.    En.  March  12,  1872. 

Depositions:  See  Code  Civ.  Proc.,  sees.  2019-2038. 

§  276.     Notice  to  person   Interested.     By  whom  served. 

Written  notice  of  such  contest,  specifying  the  time  and 
place  of  taking  depositions,  and  a  copy  of  the  statement, 
certified  by  the  clerk,  must  be  delivered  to  the  person 


§§  277-281  ■     LEGISLATIVE    OFFICERS.  06 

whose  election  is  contested,  or  if  tie  cannot  be  found,  left 
at  the  house  where  he  last  resided,  by  the  sheriff  of  the 
county  in  which  such  person  claims  his  residence,  within 
ten  days  after  such  statement  is  filed.  En.  March  12,  1872. 
Notice  of  contest:  Compare  Code  Civ.  Froc,  sec.  1119. 

§  277.  Compelling  attendance  of  witnesses.  Either  of 
the  justices  of  the  peace  have  power  to  issue  -subpoenas  for 
witnesses,  at  the  request  of  either  party,  to  be  served  by 
the  sheriff  as  other  ubpoenas;  and  such  justices,  when 
met  at  the  time  and  place  appointed  to  take  such  deposi- 
tions, have  the  same  power  to  issue  attachments  and  as- 
sess fines  against  witnesses  as  is  given  to  justices  of  the 
peace  in  the  trials  of  civil  actions.     En.  March  12,  1872. 

Issuance  of  subpoenas  from  justices'  courts:  See  Code 
Civ.  Proc,  sec.  919. 

Other   subpoenas:    See  Code  Civ.  Proc,  sees.  1985-1990. 

Contempts  in  justices'  courts:  See  Code  Civ.  Proc,  sees. 
906-910. 

§  278.  Testimony,  how  taken.  The  justices  must  meet 
at  the  time  and  place  appointed,  and  take  the  depositions 
of  witnesses  produced  by  the  parties,  and  may  continue  the 
examination  from  day  to  day,  if  necessary.  When  the 
examination  is  closed,  they  must  seal  up  the  depositions 
taken  before  them,  together  with  the  commission, ,  and 
transmit  the  same  by  mail  or  express  to  the  clerk  with 
whom  the  statement  was  filed.     En.  March  12,  1872. 

§  279.     Vacancy   in    commission,    how  filled.     If  at   any 

time  either  of  the  justices  is  unable  to  proceed  in  such 
examination,  the  clerk  may  supply  the  vacancy  by  desig- 
nating any  other  justice  of  the  peace  of  the  county.  En. 
March  12,  1872. 

§  280.  Fees  of  officers.  Oflicers  performing  services  in 
a  contested  election  case  may  charge  and  collect  from  the 
party  at  whose  instance  such  services  were  performed,  the 
same  fees  as  are  allowed  them  for  similar  services  in  civil 
cases.     En.  March  12,  1872. 

§  281.     Testimony  to  be  transmitted  to  secretary  of  state. 

Tlie  clerk  must  seal  up  the  depositions,  the  original  state- 
ment, the  copy  of  the  notice  served  upon  the  party  whose 
right  is  contested,  and  the  commission  issued  to  the  jus- 


57  LEGISLATIVE   OFFICERS.  §§  282-288 

tices  of  the  peace,  and  transmit  the  same  by  mail  to  the 
secretary  of  state,  indorsing  thereon  the  names  of  the  con- 
testing parties  and  the  branch  of  the  legislature  before 
which  such  contest  is  to  be  tried.  The  secretary  of  state 
must  deliver  the  same,  unopened,  to  the  presiding  officer  of 
the  house  in  which  such  contest  is  to  be  tried,  on  or  before 
the  second  day  of  the  session  of  the  legislature  next  after 
taking  such  depositions,  and  such  presiding  officer  must 
immediately  give  notice  to  the  house  that  such  papers  are 
in  his  possession.     En.  March  12,  1872. 

Seal  and  transmit  the  depositions:  Compare  Code  Civ. 
Proc,  sec.  2032. 

§  282.  Depositions.  At  any  time  after  notice  of  contest 
has  been  given,  and  before  the  trial  thereof  before  the 
proper  branch  of  the  legislature,  either  party  may  take 
depositions,  to  be  read  on  the  trial,  in  like  manner  and 
under  the  same  rules  as  are  allowed  and  required  in  the 
cases  of  depositions  to  be  read  on  the  trial  of  civil  actions; 
and  such  depositions,  when  taken,  must  be  sealed  up  by 
the  officer  taking  the  same,  and  directed  to  the  secretary  of 
state,  who  must  keep  the  same,  unopened,  and  deliver  them 
to  the  presiding  officer  of  the  house  in  which  the  contest 
is  to  be  tried.     En.  March  12,  1872. 

Depositions  in  civil  actions,  manner  of  taking:  Code  Civ. 
Proc,  sees.  2031-2038. 

§  283.  Further  evidence  may  be  tal<en.  The  house  be- 
fore which  the  contes  is  pending  may  take  such  other  evi- 
dence in  the  case  as  it   deems  material.     En.  March   12, 

1872. 

ARTICLE  VII. 

CONTESTING     THE     ELECTION     FOR     GOVERNOR     OR     LIEUTEN- 
ANT   GOVERNOR. 

§  2SS.  Who    may    contest. 

§  289.  Grounds   of   contest    to   be   stated   in   petition. 

§  290.  Notice    to    respondent. 

§  291.  Notice   to   the   houses. 

§  292.  Trial    committee,    how   chosen. 

§  293.  Notice    of    choice. 

§  291.  Powers   of   committee. 

§  295.  Judgment    of    committee. 

§  288.  WIno  may  consent.  Any  elector  of  t^e  state  may 
contest  the  election  of  any  person  declared  elected  gover- 


§§  289-294  LEGISLATIVE    OFFICERS.  SS 

nor  or  lieutenant-governor  of  the  state  of  California.    En. 
March  12,  1872. 

Elector  of  the  state,  qualifications  of:  Post,  sees.  1083, 
1084. 

§  289.  Grounds  of  contest  to  be  stated  in  petition.  Such 
elector  may,  within  twenty  days  after  the  declaration  of 
the  result  of  the  election,  deliver  to  the  presiding  officer 
of  each  house  of  the  legislature  a  verified  specification  of 
the  grounds  of  contest.     En.  March  12,  1872. 

§  290.  Notice  to  respondent.  As  soon  as  the  presiding 
officers  have  received  the  specifications  they  must  make 
Ota  notice,  in  writing,  directed  to  the  person  whose  elec- 
tion is  contested,  and  deliver  the  same  to  a  sergeant- 
at-arms,  who  must  serve  such  notic3  at  once  on  the  person 
therein   named.     En.   March   12,   1872. 

Notice  of  contest:   Compare  ante,  sec.  276. 

§  291.  Notice  to  the  houses.  The  presiding  officers 
must  also  immediately  give  notice  to  their  respective 
houses  that  such  specifications  have  been  received.  En. 
March  12,  1872. 

^  292.  Trial  committee,  how  chosen.  Each  house  must 
at  once  choose  seven  members  of  its  own  body  in  the 
following  manner: 

1.  The  names  of  the  members,  except  the  speaker  of  the 
assembly,  written  on  similar  paper  tickets,  must  be  placed 
in  a  box; 

2.  The  secretary  c-.  the  senate,  in  the  presence  of  the 
senate,  and  the  clerk  of  the  assembly,  in  the  presence  of 
the  house,  must  draw  from  their  respective  boxes  the 
names  of  seven  members  of  each.     En.  March  12,  1872. 

§  293.  Notice  of  choice.  As  soon  as  the  names  are 
drawn,  notice  of  the  names  of  members  drawn  in  one 
house  must  be  given  *o  the  other,  and  the  names  of  the 
fourteen  members  drawn  must  be  entered  on  the  journals 
of  each  house.    En.  March  12,  1872. 

§  294.  Powers  of  committee.  The  members  thus 
selected  constitute  a  committee  to  try  such  contested  elec- 
tion, and  for  that  purpose  must  hold  their  meetings  pub- 
licly at  the  seat  of  government  at  such  time  and  place 


B9  LEGISLATIVE    OFFICERS.  §§  295-301 

as  they  may  designate,  and  may  adjourn  from  day  to  day, 
or  to  a  day  certain,  until  sucli  trial  is  determined.  They 
have  power  to  send  for  persons  and  papers,  and  to  take 
all  necessary  means  to  procure  testimony,  extending  like 
privileges  to  each  party  to  the  contest.  They  must  report 
their  judgment  in  the  premises  to  both  houses  of  the 
legislature,  which  report  must  be  entered  upon  the  jour- 
nals.    En.  March  12,   1872. 

Powers  of  committee  to  procure  testimony:  Post,  sees. 
300-304. 

§  295.  Judgment  of  committse.  The  judgment  of  the 
committee  thus  reported  is  final  and  conclusive.  En. 
March  12,  1872. 

ARTICLE  VIII. 

ATTENDANCE     AND     EXAMINATION     OF     WITNESSES     BEFORE 
THE    LEGISLATURE    AND    COMMITTEES    THEREOF. 

§  300.     Subpoenas. 
§  301.     Service   of   subpoenas. 
I  302.     Contempt. 
§  303.     Compelling    attendance. 

§  304.    Witnesses    not    to    be    held    to    answer    criminally.    Refusal    to 
testify. 

§  300.  Subpoena.  A  subpoena  requiring  the  attendance 
of  any  witness  before  either  house  of  the  legislature,  or  a 
committee  thereof,  may  be  issued  by  the  president  of  the 
senate,  speaker  of  the  house,  or  the  chairman  of  any  com- 
mittee before  whom  the  attendance  of  the  witness  is 
desired;  and  it  is  sufficient  if: 

1.  It  states  whether  the  proceeding  is  before  the  as- 
sembly or  senate  or  a  committee; 

2.  It  is  addressed  to  the  witness; 

3.  It  requires  the  attendance  of  such  witness  at  a  time 
and  place  certain; 

4.  It  is  signed  by  the  president  of  the  senate,  speaker  of 
the  assembly,  or  chairman  of  a  committee.  En.  March  12, 
1872. 

Cal.  Rep.  Oit.     76,  636. 

§  301.  Service  of  subpoenas.  The  subpoena  may  be 
served  by  any  person  who  might  be  a  witness  in  the  mat- 
ter, and  his  affidavit  that  he  delivered  a  copy  to  the  wit- 
ness is  evidence  of  service.  En.  March  12,  1872.  Am'd. 
1873-4,  4. 


§§302-304  LEGISLATIVE    OFFICERS.  60 

Service  of  subpoena  in  civil  actions:  See  Code  Civ.  Proc, 
sec.  1987. 

§  302.  Contempt.  If  any  witness  neglects  or  refuses  to 
obey  such  subpoena,  or  appearing,  neglects  or  refuses  to 
testify,  the  senate  or  assembly  may,  by  resolution  entered 
on  the  journal,  commit  him  for  contempt.  Eln.  March  12, 
1872. 

§  303.  Compelling  attendance.  Any  witness  neglecting 
or  refusing  to  attena  in  obedience  to  subpoena  may  be 
arrested  by  the  sergeant-at-arms  and  brought  before  the 
senate  or  assembly.  The  only  warrant  or  authority  neces- 
sary to  authorize  such  arrest  is  a  copy  of  a  resolution  of  the 
senate  or  assembly,  signed  by  the  president  of  the  senate, 
or  speaker  of  the  assembly,  and  countersigned  by  the  sec- 
retary or  clerk.     3n.  IVJarch  12,  1872. 

§  304.  Witnesses  not  to  be  held  to  answer  criminally. 
Refusal  to  testify.  No  person  sworn  and  examined  before 
either  house  of  the  legislature  or  any  committee  thereof, 
can  be  held  to  answer  criminally  or  be  subject  to  any 
penalty  or  forfeiture  for  any  fact  or  act  touching  which  he 
is  required  to  testify;  nor  is  any  statement  made  or  paper 
produced  by  any  such  witness  competent  evidence  in  any 
criminal  proceeding  against  such  witness;  nor  can  such 
v/itness  refuse  to  testify  to  any  fact  or  to  produce  any 
paper  touching  which  he  is  examined,  for  the  reason  that 
his  testimony  or  the  production  of  such  paper  may  tend 
to  disgrace  him  or  render  him  infamous.  Nothing  in  this 
section  exempts  any  witness  from  prosecution  and  punish- 
ment for  perjury  committed  by  him  on  such  examination. 
En.  March  12,  1872. 

Constitutional  provision  of  like  character:  Const.  Cal. 
1879,  art.  IV,  sec.  35. 

Similar  provisions:   Pen.  Code,  sec.  14. 

Answer  tending  to  disgrace,  etc.,  different  provisions  for 
civil  action:  See  Code  Civ.  Proc,  sec.  2065. 


61  LEGISLATIVE    OFFICERS.  §§  309-^11 

ARTICLE  IX. 

ENACTMENT    OF    STATUTES. 

§  303.  Rills  receive'tl   by   the   governoi',    how  Indorsed. 

§  31".  AjiiJioval   of  bills. 

§  311.  Bill?    returned    without    approval. 

§  312.  -Return,    when    house   not    in    session. 

§  313.  Bills    remaining    with   the   governor   more   than    ten    ciays. 

§  309.     Bills    received    by    the    governor,    how    indorsed. 

Every  bill  must,  as  soon  as  delivered  to  the  governor,  be 
indorsed  as  follows:  "This  bill  was  received  by  the  gov- 
ernor this  day  o!  ,  eighteen  ."  The  indorse- 
ment must  be  signed  by  the  private  secretary  of  the 
governor.     En.  March  12,  1872. 

Presentation  of  bills  to  governor,  after  passage:  Const. 
Cal.,  art.  IV,  sec.  16. 

Enactment  of  statutes,  requisites  of  act:  Const.  Cal., 
art.  IV,  sec.  24. 

§  310.  Approval  of  bills.  When  the  governor  approves 
a  bill  he  must  set  his  name  thereto,  with  the  date  of  his 
approval,  and  deposit  the  same  in  the  office  of  the  secre- 
tary of  state.  If  any  bill  presented  to  the  governor  con- 
tains several  items  of  appropriation  of  money,  he  may 
object  to  one  or  more  items,  while  approving  other  por- 
tions of  the  bill.  In  such  case  he  shall  append  to  the  bill, 
at  the  time  of  signing  it,  a  statement  of  the  items  to  which 
he  objects,  and  the  reasons  therefor.  If  the  legislature 
b3  in  session,  the  governor  shall  transmit  to  the  house  in 
which  the  bill  originated  a  copy  of  such  statement,  and 
the  items  so  objected  to  shall  be  separately  reconsidered 
in  the  same  manner  as  bills  which  have  been  disapproved 
■by  the  governor.     En.  March  12,  1872.     Am'd.  1880,  3. 

Governor's  approval — of  bill:  See  Const.  Cal.,  art  IV, 
sec.  16. 

Appropriation  bill — provision  conforms  to:  Const.  Cal. 
1879,  art.  IV,  sec.  16.  General,  what  to  contain:  Const. 
Cal.,  art.  IV,  sec.  29.  For  specific  purpose,  to  contain  but 
one  item:  Const.  Cal.,  art.  IV,  sec.  34.  Passage  despite 
objections:  Post,  sec.  311. 

§  311.  Bills  returned  without  approval.  When  a  bill  has 
passed  both  houses  of  the  legislature,  and  is  returned  by 
the  governor  without  his   signature,  and  with  objections 


S  312  LEGISLATIVE    OFFICERS.  62 

thereto,  or  if  it  be  a  bill  containing  several  items  of  ap- 
propriation of  money,  with  objections  to  one  or  more  items, 
and  upon  reconsideration,  such  bill,  or  item,  or  items,  pass 
both  houses  by  the  constitutional  majority,  the  bill,  or 
item,  or  items  must  be  authenticated  as  having  become  a 
law  by  a  certificate  indorsed  on  or  attached  to  the  bill, 
or  indorsed  on  or  attached  to  the  copy  of  the  statement 
of  objections,  in  the  following  form:  "This  bill  having 
been  returned  by  the  governor  with  his  objections  thereto, 
and,  after  reconsideration,  having  passed  both  houses  by 

the  constitutional  majority,  has  become  a  law  this day 

of ,  A.  D. ;"  or,  "The  following  items  in  the  within 

statement  (naming  them)  having,  after  reconsideration, 
passed  both  houses  by  the  constitutional  majority,  have 
become  a  law  this day  of ,  A.  D.  ,"  which  in- 
dorsement, signed  by  the  president  of  the  senate  and  the 
speaker  of  the  assembly,  is  a  sufficient  authentication 
thereof.  Such  bill  or  statement  must  then  be  delivered  to 
the  governor,  and  by  him  must  be  deposited  with  the  laws 
in  the  office  of  the  secretary  of  state.  En.  March  12,  1872, 
Am'd.  1880,  3. 

Passage  of  bills;  origination  in  either  house:  Const. 
Cal.,  art.  IV,  sec.  15.  Introduction,  limited  time  for:  Const. 
Cal.,  art.  IV,  sec.  2.  Printing:  Const.  Cal.,  art.  IV,  sec.  15. 
Reading  at  length:  Id.  Manner  of  voting:  Id.  Majority 
requisite  for  passage:   Id. 

Return  by  governor,  with  objections,  provided  for  by 
Const.  Cal.,  art.  IV,  sec.  16.  Time  for:  See  post,  sees.  312, 
313. 

Reconsideration  and  passage  over  veto:  See  Const.  Cal., 
art.  IV,  sec.  16. 

§  312.  Return,  when  house  not  in  session.  If,  on  the 
day  the  governor  desires  to  return  a  bill  without  his 
approval,  and  with  his  objections  thereto,  to  the  house  in 
which  it  originated,  that  house  has  adjourned  for  the  day 
(but  not  for  the  session),  he  may  deliver  the  bill,  with  his 
message,  to  the  presiding  officer,  secretary,  clerk,  or  any 
member  of  such  house,  and  such  delivery  is  as  effectual 
as  though  returned  in  open  session,  if  the  governor,  on 
the  first  day  the  house  is  again  in  session,  by  message, 
notifies  it  of  such  delivery,  and  of  the  time  when  and  the 
person  to  whom  such  delivery  was  made.  En.  March  12, 
1872. 


63  LEGISLATIVE    OFFICERS.  9S  313-324 

§  313.  Bills  remaining  with  the  governor  more  than  ten 
days.  Every  bill  v/hich  has  passed  both  houses  of  the 
legislature,  and  has  not  been  returned  by  the  governor 
within  ten  days,  thereby  becoming  a  law,  is  authenticated 
by  the  governor  causing  the  fact  to  be  certified  thereon  by 
the  secretary  of  state,  in  the  following  form:  "This  bill 
having  remained  with  the  governor  ten  days  (Sundays  ex- 
cepted), and  the  legislature  being  in  session,  it  has  become 

a  law  this  day  of A.  D.  ,"  which  certificate 

must  be  signed  by  the  secretary  of  state  and  deposited 
with  the  laws  in  his  office.    En.  March  12,  1872. 

Section  conforms  to  Const.  Cal.,  art.  IV,  sec.  16. 


ARTICLE  X. 

PROMULGATION    OF    STATUTES. 
§  318.    Publication    and    distribution    of    statutes. 

§  318.     Publication    and    distribution    of    statutes.    The 

publication  and  distribution  of  statutes  is  provided  for  in 
chapter  III,  title  I,  part  III,  of  this  code.  En.  March  12, 
1872. 

Publication  of  statutes:     See  post,  sees,  526-537. 

Distribution  of  statutes:  See  post,  sec.  409. 

ARTICLE  XI. 

OPERATION   OF   STATUTES. 

§  323.  When    statutes    take    effect. 

§  324.  When    joint   resolutions   take    effect. 

§  325.  Effect   of   amendment. 

§  326.  Construction   of   statutes. 

§  327.  Repeal    of    statutes. 

§  328.  Act  not  revived   by  repealing  the   act  repealing  it. 

§  329.  Repeal  of  law  creating  offense  no  bar  to  punishment. 

§  330.  Amendatory    act,    when   void. 

§  323.  When  statute  takes  effect.  Every  statute,  un- 
less a  different  time  is  prescribed  therein,  takes  effect  on 
the  sixtieth  -day  after  its  passage.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     74,  223;   144,  344. 

Operation  of  statutes  uniform,  where  of  a  general  na- 
ture: Const.  Cal.,  art.  I,  sec.  11. 

§  324.  When  joint  resolutions  take  effect.  Every  joint 
resolution,  unless  a  different  time  is  prescribed  therein, 
takes  effect  from  its  passage.    En.  March  12,  1872. 


§§  325-330  LEGISLATIVE    OFFICERS.  M 

§  325.  Effect  of  amendment.  Where  a  section  or  part 
of  a  statute  is  amended,  it  is  not  to  be  considered  as  hav- 
ing been  repealed  and  re-enacted  in  the  amended  form;  but 
the  portions  which  are  not  altered  are  to  be  considered 
as  having  been  the  law  from  the  time  when  they  were 
enacted,  and  the  new  provisions  are  to  be  considered  as 
having  been  enacted  at  the  time  of  the  amendment.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.  68,  271;  102,  419;  102,  420;  104,  259;  112, 
90;    114,  154;    133,  116;   145,  51. 

Re-enacting  and  publishing  act  at  length  as  revised  or 
amended:   Const.  Cal.,  art.  IV,  sec.  24. 

Amendment  of  repealed  section:   Post,  sec.  330. 

§  326.  Construction  of  statutes.  The  general  rules  for 
the  construction  of  statutes  are  contained  in  the  prelimi- 
nary provisions  of  the  different  codes.     En.  March  12,  1872. 

Preliminary  provisions  of  this  code:  Ante,  sees.  1-20. 

Cal.  Rep.  Cit.     139,  692. 

§  327.  Repeal  of  statutes.  Any  statute  may  be  repealed 
at  any  time  except  when  it  is  otherwise  provided  therein. 
Persons  acting  under  any  statute  are  deemed  to  have  acted 
in  contemplation  of  this  power  of  repeal.    En.  March  12, 

1872. 

§  328.     Act  not  revived  by  repealing  the  act  repealing  it. 

No  act  or  part  of  an  act,  repealed  by  another  act  of  the 
legislature,  is  revived  by  the  repeal  of  the  repealing  act 
without  express  words  reviving  such  repealed  act  or  part 
of  an  act.     En.  March  12,  1872. 

§  329.  Repeal  of  law  creating  offense  no  bar  to  punish- 
ment. The  repeal  of  any  law  creating  a  criminal  offense 
does  not  constitute  a  bar  to  the  indictment  or  information 
and  punishment  of  an  act  already  committed  in  violation 
of  the  law  so  repealed,  unless  the  intention  to  bar  such 
indictment  or  information  and  punishment  is  expressly 
declared  in  the  repealing  act.  En.  March  12,  1872.  Am'd. 
1881,  6. 

Cal.  Rep.  Cit.  57,  100;  93,  436;  93,  437;  93,  438;  93,  440; 
93,  442;  301,  307;  102,  35. 

Ex  post  facto  laws:   See  Const.  Cal.,  art.  I,  sec.  16. 

§  330.     Amendatory   act,   when    void.     An  act   amending 
a  section  of  an  act  repealed  is  void.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     102,  420. 


65  LEGISLATIVE    OFFICERS.  §§  332-334 

AUTICLE  XII. 

PUBLIC     REPORTS. 

§  332.  When   state   officers,    etc.,    are   to   report. 

§  3.')3.  Reports,     printing    of. 

§  334.  Duties    of    superintencient   of    state    printing. 

§  33.5.  Distribution    of.     (Repealed.) 

§  33fi.  To   be    printed   in    English. 

§  337.  Report    of    insurance    commissioner,     distribution    of. 

.  §  332.  When  state  officers,  etc.,  are  to  report.  All  offi- 
cers, boards  of  officers,  commissioners,  trustees,  regents, 
and  directors,  required  by  law  to  make  reports  to  the 
governor  or  legislature,  except  tbe  controller  of  state, 
must  send  the  original  draft  of  such  reports  to  the  gov- 
ernor before  the  fifteenth  day  of  September,  in  the  year 
eighteen  hundred  and  ninety-tvi^o,  and  in  every  second 
year  thereafter.  The  controller  of  state  must  send  his 
report  to  the  governor  before  the  fifteenth  day  of  Decem- 
ber in  eighteen  hundred  and  ninety-two,  and  in  every  sec- 
ond year  thereafter.  En.  March  12,  1872.  Am'd.  1880,  83; 
1891,  65. 

Controller's  report. — Controller  must  report  to  the  gov- 
ernor on  the  second  Monday  in  October:  See  post,  sec. 
433. 

§  333.  Reports,  printing  of.  The  governor  shall,  upon 
receipt  of  such  reports,  submit  the  same  to  the  state  board 
of  examiners,  who  shall  order  such  a  number  of  said  re- 
ports, or  part  or  parts  of  each  report,  printed,  as  in  their 
judgment  will  meet  the  requirements  of  law;  provided, 
that  in  no  instance  shall  a  less  number  of  copies  be  printed 
than  is  necessary  to  furnish  at  least  ten  copies  of  each 
report  to  all  officers,  boards  of  officers,  commissioners, 
trustees,  regents,  and  directors  required  by  law  to  make 
reports  to  the  governor  or  legislature.  En.  March  12,  1872. 
Am'd.  1875-6,  9;  1877-8,  6;  1891,  66. 

§  334.     Duties  of  superintendent  of  state  printing.     The 

superintendent  of  state  printing  must  print  such  reports, 
or  such  part  or  parts  of  said  reports,  as  may  be  ordered 
by  the  state  board  of  examiners,  in  a  manner  to  be  desig- 
nated by  said  board,  before  the  first  Monday  in  December 
next  after  receipt  thereof,  except  the  report  of  the  state 
controller,  which  shall  be  printed  before  the  fifteenth  day 

Pol.   Code— 5 

3 


§§  335-337 


EXECUTIVE    OFFICERS. 


of  January  after  the  receipt  thereof,  and  distribute  the 
same  in  accordance  with  the  directions  of  the  board  of 
examiners.  En.  March  12,  1872.  Am'd.  1873-4,  4;  1875-6,  9; 
1877-8,  6;   1891,  6. 

§  335.  Distribution  of.  (Repealed.)  En.  March  12, 
1872.     Am'd.  1873-4,  5;"  1875-6,  10;   1877-8,  6.     Rep.  1891,  66. 

§  336.  To  be  printed  in  English.  All  reports  must  be 
printed  in  the  English  language.    En.  March  12,  1872. 

§  337.     Report    of    insurance    commissioner,    distribution 

of.  Of  the  report  of  the  insurance  commissioner,  the  com- 
missioner must  have  printed,  at  the  expense  of  his  office, 
one  thousand  copies,  and  must  deliver  of  the  same  as 
follows: 

To  the  governor,  twenty  copies. 

To  the  state  librarian,  ten  copies. 

To  the  secretary  of  state,  thirty  copies. 

To  the  sergeant-at-arms  of  the  senate,  eighty  copies. 

To  the  sergeant-at-arms  of  the  assembly,  one  hundred 
and  sixty  copies. 

And  the  resi'due  must  be  distributed  by  the  commissioner 
in  furtherance  of  the  interest  of  insurance.  En.  Stats. 
1873-4,  7. 


CHAPTER  III. 

EXECUTIVE    OFFICERS. 

tide    T.    Classification,    Number    and    Designation    of    Executive   OiQ- 
cers,    §§    341-343. 
II.     Modes   of    Election   or    Appointment   and    Term   of   Civil    Ex- 
ecutive  Officers,    §§    348-371. 

III.  Governor,    §§    3S0-3S6. 

IV.  Lieutenant-Governor,    §§    3%,   397. 
V.     Secretary    of   State,    §§    407-425. 

VI.  Controller,     §§     433-414. 

VII.  Treasurer,     §§    452-460. 

VIII.  Attorney-General,    §§    470-475. 

IX.  Surveyor-General,     §§    483-487. 

X.  ReRister   of   the   State   Land   Oflice,    §§    497-502. 

XI.  Superintendent    of    Public    Instruction,     §§    512-517. 

XII.  State    Printer,     §§    526-54'0. 

XIII.  state    Geologist,     §§    548-554. 

XIV.  Sealer  of  WeiKlits   and   Measures,    §§   56J-5«7. 
XV.  Inspector   of    Gas    Meters,    §§    577-584. 

XVI.  Insurance    Commissioners,    §§    594-6351. 

XVTI.  Fish    Commissioners,    §§    642,    G43. 

XVIir.  Board    of    Examiners,    §§    654-685. 

XIX.  Other   Executive  Officers,    §§    695-715. 


EXECUTIVE    OFFICERS.  §§  341-343 


ARTICLE  I. 

CLASSIFICATION,      NUMBER      AND      DESIGNATION      OP     EXECU- 
TIVE   OFFICERS. 

§  341.     Classification    of    executive    officers. 

§  342.     Military    officers. 

§  34G.     Designation    and    number    of    civil    executive    officers. 

§  341.  Classification  of  executive  officers.  Executive 
officers  are  either: 

1.  Civil;  or, 

2.  Military.     En.  March  12,  1872. 

§  342.  iVIilitary  officers.  Military  officers  are  designated 
and  their  duties  prescribed  in  title  IV  of  part  III  of  this 
code.     En.  March  12,  1872. 

Cal.  Rep.  Cit.    87,  198. 

Militia:  See  post,  sees.  1895-2117. 

§  343.  Designation  and  number  of  civil  executive  offi- 
cers. The  number  and  designation  of  the  civil  executive 
officers  are  as  follows:  A  governor;  a  private  secretary 
.for  the  governor;  an  executive  secretary  for  the  governor; 
a  secretary  for  the  board  of  examiners:  a  lieutenant-go v- 
enor;  a  secretary  of  state;  a  deputy  secretary  of  state; 
a  keeper  of  archives  of  state  for  secretary  of  state;  a 
bookkeeper  for  the  secretary  of  state;  three  recording 
clerks  for  the  secretary  of  state;  a  controller;  a  deputy 
controller;  a  bookkeeper  for  the  controlled;  five  clerks 
for  the  controller;  a  treasurer;  a  deputy  treasurer;  a  book- 
keeper for  the  treasurer;  a  clerk  for  six  months  in  each 
year  for  the  treasurer;  an  attorney-general;  a  deputy 
attorney-general;  a  surveyor-general,  who  shall  be  ex-officio 
register  of  the  state  land  office;  a  deputy  surveyor-gen- 
eral; one  clerk  for  the  surveyor-general;  three  clerks  for 
the  register;  a  superintendent  of  public  instruction;  a 
deputy  for  the  superintendent  of  public  instruction;  one 
clerk  for  the  superintendent  of  public  instruction;  a  super- 
intendent of  state  printing;  an  inspector  of  gas  meters; 
a  vaccine  agent;  an  insurance  commissioner;  a  deputy  for 
the  insurance  commissioner;  three  state  capitol  commis- 
sioners; four  port  wardens  for  the  port  of  San  Francisco; 
a  port  warden  for  each  port  of  entry  except  San  Fran- 
cisco; three  state  harbor  commissioners;  three  harbor 
commissioners  for  the  port  of  ferureka;   six  pilots  for  each 


§  343  EX-ECUTIVE     OFFICERS.  /        fl 

harbor  where  there  is  no  board  of  pilot  corami^ioners: 
three  members  of  the  board  of  pilot  commissionepfe  for  th^ 
ports  of  San  Francisco,  Mare  Island,  and  BeniCia;  three 
members  of  the  board  of  pilot  commission(W^for  Hum- 
boldt Bay  and  Bar;  three  fish  commissioners;  a  president 
and  twelve  directors  of  the  state  board  of  agriculture; 
four  members  of  the  state  board  of  equalization;  a  clerk 
for  the  board  of  equalization;  three  members  of  the  state 
board  of  railroad  commissioners;  a  secretary  of  the  statt 
board  of  railroad  commissioners;  a  bailiff  of  (he  state 
board  of  railroad  commissioners;  seven  members  of  the 
state  board  of  health;  five  members  of  the  San  Francisco 
board  of  health:  five  mem.bers  of  the  Sacramento  board  of 
health;  twenty-two  regents  of  the  University  of  California; 
three  members  of  the  state  board  of  education;  seven 
trustees  of  the  state  normal  school;  five  trustees  of  the 
"state  library;  a  state  librarian;  two  deputies  for  the  state 
librarian;  a  librarian  for  the  supreme  court  library;  five 
■directors  for  the  state  prisons;  two  wardens  for  the  state 
prisons;  two  clerks  of  the  state  prisons;  five  directors  for 
the  insane  asylum  at  Stockton;  five  directors  for  the  in- 
sane asylum  at  Napa;  a  medical  superintendent  of  the 
insane  asylum  at  Stockton,  two  assistant  physicians  of 
the  insane  asylum  at  Stockton;  a  resident  physician  of  the 
insane  asylum  at  Napa;  one  first  assistant  physician  of  the 
insane  asylum  at  Napa;  provided,  when  the  number  of 
patients  shall  increase  to  six  hundred,  the  trustees  may 
elect  one  additional  second  assistant  physician,  with  the 
same  pay  and  emoluments  as  the  first  assistant  physician; 
a  treasurer  of  the  insane  asylum  at  Stockton;  a  treasurer 
of  the  insane  asylum  at  Napa;  five  trustees  of  the  asylum 
for  the  deaf  and  dumb  and  the  blind;  three  trustees  of  the 
state  burying-grounds;  nine  commissioners  of  the  Yosemite 
Valley  and  the  Mariposa  Big  Tree  Grove;  such  other  offi- 
cers as  fill  offices  created  by  or  under  the  authority  of 
general  laws  for  the  government  of  counties,  cities,  and 
towns,  or  of  the  charters  or  special  laws  affecting  the  same, 
or  of  the  health,  school,  election,  road  or  revenue  laws. 
En.  March  12,  1872.  Am'd.  1877-8,  2;  1880,  83;  1887,  54; 
1889,  435. 

Cal.  Rep.  Cit.     79,  112;   83,  455;   104,  G59;   110,  251. 


69  EXECUTIVE    OFFICERS.  S  3« 

ARTICLE  II. 

THE     MODE    OF    ELECTION    OR    APPOINTMENT    AND    TERM     OF 
OFFICE    OF    CIVIL    EXECUTIVE    OFFICERS. 

§  348.     Certain    officers    elected. 
§  349.     State    printer. 
§  350.     Register   of   land    office. 
§  351.     State    sealer   of   weights    and    measures. 
§  352.     State    board    of    equalization. 
§  353.     Regents    of    the    university. 
§  354.     Trustees    of    state    normal    school. 
§  3.55.     State    board    of   education. 
§  35fi.     Officers    of    libraries. 
§  337.     Yosemite   and   big   tree   commissioners. 
§  35S.     Superintendent,    etc.,    of   insane   asylum. 
§  359.     Directors   of   state   board   of   agriculture. 
§  360.     San    Francisco    board    of    health. 
§  361.     Sacramento   board   of   health. 
§  362.     Harbor    commissioners. 

$  363.     San    Francisco    marine    board.     (Repealed.) 
§  364.     Board    of    examiners. 
.  §  363.     State    board    of    tide    land    commissioners.     (Repealed.) 
§  366.     State    capitol    commissioners. 
§  367.     State    prison    directors. 
§  36S.     Officers   appointed   by   governor. 

Inspector  of  gas  meters. 

Trustees    of    the    state   burying-grounds. 

Directors    of    insane   asylum. 

Trustees   of  asylum   for  deaf,    dumb,    and   blind. 

Port  wardens. 

Insurance   commissioner. 

State  board   of  health. 

Vaccine   agent. 

Commissioner   of   Immigration. 

Pilot    commissioners. 

Pilots. 

Fish    commissioners. 

State   geologist. 

Tide   land    commissioners. 
§  369.    Term   of  office   of  officers  mentioned   In  preceding  section. 
§  370.     Private  secretary  an-d   clerk  of  governor. 
§  371.     Deputies   and   clerks. 

§  348.  Certain  officers  elected.  The  mode  of  election  of 
the  governor,  lieuten.ant-governor,  secretary  of  state,  con- 
troller, treasurer,  attorney-general,  surveyor-general,  and 
superintendent  of  public  instruction,  is  prescribed  by  the 
constitution.     En.  March  12,  1872. 

Election  of  governor:    See  Const.  Cal.,  art.  V,  sees.  2,  4. 

Election  of  lieutenant-governor:  See  Const.  Cal.,  art  V, 
sec.  15. 

Election  of  secretary  of  state,  controller,  treasurer,  at- 
torney-general and  surveyor-general:  See  Const.  Cal., 
art.  V,  sec.  17. 

Election  of  superintendent  of  public  instruction:  Const. 
Cal.,  art.  IX,  sec.  2. 


§§  349-353  EXECUTIVE   OFFICERS.  70 

§  349.  State  printer.  The  state  printer  is  elected  at  the 
same  time  as  the  state  officers  mentioned  in  the  preceding 
section,  and  holds  his  office  for  the  term  of  four  years  from 
the  first  Monday  in  December  next  succeeding  his  election. 
Bn.  March  12,  1872. 

Superintendent  of  state  printing:  See  post,  sec.  526. 
The  office  of  state  printer  was  abolished  and  that  of 
"superintendent  of  state  printing"  created  by  act  of  March 
26,  1872;  Stats.  1871-2,  p.  554.  This  act  was  in  turn  super- 
seded and  repealed  by  sees.  526-540,  post. 

§  350.  Register  of  land  office.  The  surveyor-general  la 
ex-officio  register,  and  the  deputy  surveyor-general  is  ex- 
officio  deputy  register,  of  the  state  land  office.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     77,  101;  87,  198. 

Register  of  state  land  office:   Post,  sees.  3395,  3396,  3397.- 

§  351.  State  sealer  of  weights  and  measures.  The  sec- 
retary of  state  is  ex-officio  state  sealer  of  weights  and 
measures.     En.  March  12,  1872. 

State  sealer  of  weights  and  measures  and  county  seal- 
ers:  Post,  sees.  561-567. 

Act  relating  to  weights  and  measures:  See  act  approved 
April  6,  1891;  Stats.  1891,  p.  487.  See  reference  to  this 
act  in  General  Laws,  title  Weights  and  Measures. 

§  352.  State  board  of  equalization.  Members  elected, 
one  from  each  of  the  congressional  districts  in  this  state, 
by  the  qualified  electors  thereof,  with  the  controller,  consti- 
tute the  state  board  of  equalization.  Their  term  of  office 
shall  be  four  years,  commencing  from  the  first  Monday 
after  the  fir.st  day  of  January  following  their  election; 
provided,  that  the  terms  of  those  members  elected  in  the 
year  eighteen  hundred  and  seventy-nine  shall  be  three 
^•ears.  They  shall  choose  one  of  their  members  chairman, 
who  shall  hold  such  office  during  the  pleasure  of  the 
board.     En.  March  12,  1872.     Am'd.  1875-6,  11;   1880,  25. 

Cal.  Rep.  Cit.    46,  505. 

State  board  of  equalization:  See  post,  sees.  3692-3705. 

§  353.  Regents  of  the  university.  The  governor,  lieu- 
tenant-governor, speaker  of  the  assembly,  superintendent  ol 
public   instruction,   president   of  the   state   board   of  agri- 


71  EXECUTIVE    OFFICERS.  §§  354-368 

culture,  and  president  of  the  Mechanics'  Institute  of  San 
Francisco,  are  ex-officio  regents  of  the  University  of  Cali- 
fornia. The  appointment  and  terms  of  office  of  the  other 
regents  are  provided  for  in  chapter  I,  title  III,  of  part  III, 
of  this  code.     En.  March  12,  1872. 

Regents  of  the  university:  See  post,  sees.  1425  et  seq. 

§  354.  Trustees  of  state  normal  school.  The  normal 
schools  at  San  Jose,  Los  Angeles,  Chico,  and  San  Diego, 
and  any  normal  school  established  by  the  legislature 
of  the  state  of  California  after  the  first  day  of  January, 
eighteen  hundred  and  ninety-nine,  shall  be  known  as 
"state  normal  schools,"  and  shall  each  have  a  board  of 
trustees,  constituted  as  follows:  The  governor  of  the 
state  and  the  state  superintendent  of  public  instruction 
shall  be  ex-offlcio  members  of  each  board.  There  shall 
also  be  five  other  members  of  the  local  board  for  each 
normal  school,  whose  term  of  office  shall  be  four  years, 
and  who  shall  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate  of  the  state  of  Cali- 
fornia. It  shall  be  the  duty  of  the  governor,  on  or  before 
the  first  'day  of  July,  eighteen  hundred  and  ninety-nine, 
to  appoint  five  trustees  as  members  of  each  local  board, 
one  trustee  to  serve  one  year,  one  to  serve  two  years,  one 
to  serve  three  years,  and  two  to  serve  for  four  years,  and 
thereafter  to  fill  vacancies  in  such  board,  the  terms  of 
ofiice  thereafter  to  be  for  four  years,  and  to  begin  July 
first  of  each  fourth  year.  En.  March  12,  1872.  Am'-d.  1887, 
136;  1897,  234;  1899,  77. 

State  normal  school:  See  post,  sees.  1487  et  seq. 

§  355.  State  board  of  education.  The  appointment  and 
terms  of  office  of  the  members  of  the  state  board  of  educa- 
tion are  provided  for  in  chapter  III,  title  III,  of  part  III, 
of  this  code.     En.  March  12,  1872. 

State  board  of  education:    See  post,  sees.  1517-1522. 

§  356.  Officers  of  libraries.  The  trustees  of  the  state 
library,  the  state  librarian,  the  deputy  state  librarian,  and 
librarian  of  the  supreme  court,  are  elected  and  appointed, 
and  hold  their  offices  as  prescribed  in  chapter  III,  title  V, 
of  part  III,  of  this  code.     En.  March  12,  1872. 

State  library:   See  post,  sees.  2292-2305. 


§§  Si'-SH  EXKCUTIVE   OFFICERS.  K 

§  357.  Yosemite  and  big  tree  commissioners.  The  com- 
missioners of  the  Yosemite  Valley  and  Mariposa  Big  Tree 
Grove  are  appointed  and  hold  their  offices  as  prescribed  in 
title  VIII.  of  part  III.  of  this  code.     En.  March  1-.  1872. 

Yosemite  Valley  and  Mariposa  Big  Tree  Grove,  commis- 
sioners of:   See  post.  sevs.  35S4-o58G. 

§  358.  Superintendent,  etc.,  of  insane  asylum.  The  med- 
ical superintendent,  assistant  physicians,  and  treasurer  of 
the  insane  asylums,  are  elected,  appointevi.  and  hold  their 
offices  as  prescribed  in  chapter  I.  title  V.  of  part  III.  of 
this  code.     En.  March  12,  1872. 

State  commission  in  lunacy:  See  post.  sees.  2136-2199. 

§  359.     Directors    of    state    board    of    agriculture.     The 

president  antl  directoi-s  of  the  state  hoard  of  agriculture  are 
elected  and  hold  their  offices  as  prescribed  in  the  special 
statute  creating  the  board.     En.  March  12.  1S72. 
State  a^icultural  society:  See  post.  sec.  2326. 

§  360.    San  Francisco  board  of  health.     The  members  of 

the  board  of  health  of  San  Francisco  are  aptH>inted  and 
hpld  their  offices  as  prescribe^!  in  title  VII.  part  III.  of  this 
code.     En.  March  12.  1872. 

Cal.  Rep.  Cit.     79.  112. 

Health  regulations  of  San  Francisco:  See  post.  sees. 
3004-3035. 

§  361.  Sacramento  board  of  health.  The  members  of 
the  board  of  health  of  Sacramento  are  appointed  and  hold 
their  offices  as  prescribed  in  title  VII.  of  part  III.  of  this 
covle.     En.  March  12.  1872. 

Health  regulations  of  Sacramento:  See  post,  sees.  3042- 
3049. 

§  362.  Harbor  commissioners.  Harbor  commissioners 
are  elected  and  appointed,  and  hold  their  offices  as  pre- 
scribed in  title  VI.  of  part  III.  of  this  code.  En.  March 
12.  1S72. 

Cal.  Rep.  Cit.     47.  447. 

Harl)or  commissioners:  See  post,  sees,  2520-2608. 

§  363.  San  Francisco  marine  board.  (Repealed.)  En. 
March  12.  IS72.     Kep.  1875-6.  14. 

§  364.  Board  of  examiners.  The  board  of  examiners 
shall  consist  of  the  governor,  the  secretary  of  state,  the 


73  EXECUTIVE   OFFICERS.  §§  365-370 

attorney-general,  and  the  secretary  of  the  board,  who  shall 
be  ex-officio  member,  to  act  only  in  the  absence  from  the 
state  capital  of  any  two  of  the  members.  En.  March  12, 
1872.     Am'd.  1893,  182. 

Board  of  examiners:  See  post,  sees.  G54-685. 

§  365.  State  board  of  tide  land  commissioners.  (Re- 
pealed.)    En.   March  12,   1872.     Rep.   1875-6,   15. 

§  366.  State  capitol  commissioners.  The  governor, 
secretary  of  state,  and  treasurer  constitute  the  board  of 
state  capitol  commissioners.     En.  March  12,  1872. 

Duty  of  state  capitol  commissioners:  See  post,  sec.  697. 

§  367.  State  prison  directors.  The  governor,  lieutenant- 
governor,  and  secretary  of  state  constitute  the  board  of 
state  prison  directors;  and  the  lieutenant-governor  is 
warden  of  the  state  prison.     En.  March  12,  1872. 

§  368.  Officers  appointed  by  governor.  The  following 
executive  officers  are  appointed  by  the  governor,  with  the 
consent  of  the  senate: 

1.  The  inspector  of  gas  meters;  the  trustees  of  the  state 
burying-grounds. 

2.  The  directors  of  the  insane  asylum;  the  trustees  of 
the  asylum  for  the  deaf,  dumb,  and  blind;  the  port  war- 
dens; the  insurance  commissioner;  the  members  of  the 
state  board  of  health;  a  vaccine  agent. 

3.  The  commissioner  of  immigration;  the  pilot  commis- 
sioners; the  pilots  for  each  harbor  where  there  is  not  a 
board  of  pilot  commissioners;  the  fish  commissioners;  the 
state  geologist;  the  tide  land  commissioners.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     49,  411;   76,  634;  76,  638;   83,  455. 
Inspector  of  gas  meters:  See  post,  sec.  577. 

§  369.  Term  of  office  of  officers  mentioned  in  preceding 
section.  The  officers  enumerated  in  the  first  subdivision 
of  the  last  section  hoM  their  offices  for  the  term  of  two 
years;  those  in  the  second  division,  for  the  term  of 
four  years;  and  those  in  the  third  subdivision,  during  the 
governor's  pleasure.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     49,  411;  76,  635;  83,  455. 

§  370.  Private  secretary  and  clerk  of  governor.  The 
private  secretary  and  executive  clerk  of  the  governor  are 


§§  371,  3S0  EXECUTIVE    OFFICERS.  T4 

appointed  by  him,   and  hold  their  offices  at  his  pleasure. 
En.  March  12,  1872. 

§  371.  Deputies  and  clerks.  All  deputies  and  clerks 
named  in  this  article,  whose  appointments  and  terms  of 
office  are  not  otherwise  provided  for,  are  appointed  by  and 
hold  office  at  the  pleasure  of  their  principals.  En.  March 
12,  1872. 


ARTICLE  III. 

OF    THE    GOVERNOR. 

§  3S0.  General    duties. 

§  3S1.  To   transmit    list    o*'   appointments   to    legislature. 

§  382.  Records    in    office   of. 

§  3S3.  Persons    acting    as    governor. 

§  3S4.  Salary    of    governor. 

§  3S5.  Salary   of   private   secretary. 

§  3S6.  Salary    of    executive    secretary. 

§  380.  General  duties.  In  addition  to  those  prescribed 
by  the  constitution  the  governor  has  the  power  and  must 
perform  the  duties  prescribed  in  this  and  the  following 
sections: 

1.  He  is  to  supervise  the  official  conduct  of  all  executive 
and  ministerial  officers; 

2.  He  is  to  see  that  all  offices  are  filled  and  the  duties 
thereof  performed,  or,  in  default  thereof,  apply  such  rem- 
edy as  the  law  allows;  and  if  the  remedy  is  imperfect,  ac- 
quaint the  legislature  therewith  at  its  next  session; 

3.  He  is  to  make  the  appointments  and  supply  the  va- 
cancies mentioned  in  this  code; 

4.  He  is  the  sole  official  organ  of  communication  between 
the  government  of  this  state  and  the  government  of  any 
other  state  or  of  the  United  States; 

5.  Whenever  any  suit  or  legal  proceeding  is  pending 
against  this  state,  or  which  may  affect  the  title  of  this 
state  to  any  property,  or  which  may  result  in  any  claim 
against  the  state,  he  may  direct  the  attorney-general  to 
appear  on  behalf  of  the  state,  and  may  employ  such  addi- 
tional counsel  as  he  may  judge  expedient; 

C.  He  may  require  the  attorney-general  or  district  at- 
torney of  any  county  to  inquire  into  the  affairs  or  manage- 
ment of  any  corporation  existing  under  the  laws  of  this 
state; 


75  EXECUTIVE    OFFICERS.  §  380 

7.  He  may  require  the  attorney-general  to  aid  any  dis- 
trict attorney  in  the  dischai-ge  of  his  duties; 

8.  He  may  offer  rewards  not  exceeding  one  thousand 
dollars  each,  payable  out  of  the  general  fund,  for  the  ap- 
prehension of  any  convict  who  has  escaped  fron*  the  state 
prison,  or  of  any  person  who  has  committed  or  is  charged 
with  the  commission  of  an  offense  punishable  with  death; 

9.  He  must  perform  such  duties  respecting  fugitives  from 
justice  as  are  prescribed  by  chapter'  IV,  of  title  XII,  of  the 
Penal  Code; 

10.  He  must  issue  and  transmit  election  proclamations, 
as  prescribed  in  title  II,  of  part  III,  of  this  code; 

11.  He  must  issue  land  warrants  and  patents,  as  pre- 
scribed in  title  VIII,  of  part  III,  of  this  code; 

12.  He  must,  on  or  before  the  first  day  of  September, 
in  the  year  eighteen  hundred  and  seventy-three,  and  in 
each  second  year  thereafter,  deliver  to  the  state  printer 
for  publication  all  biennial  reports  of  officers  and  boards 
for  the  two  preceding  years; 

13.  He  may  require  any  officer  or  board  to  make  special 
reports  to  him,  upon  demand,  in  writing; 

14.  He  may  issue  arms  and  accouternients  for  the  use  of 
colleges; 

15.  He  must  discharge  the  duties  of  member  of  the  board 
of  examiners,  of  member  of  the  state  board  of  education, 
of  state  prison  director,  of  state  capitol  commissioner,  of 
orphan  asylum  commissioner,  of  trustee  of  state  normal 
school,  and  of  the  board  of  military  auditors; 

16.  He  has  such  other  powers  and  must  perform  such 
other  duties  as  are  devolved  upon  him  by  this  code,  or  any 
other  law  of  this  state.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     114,  58(5. 

Prescribed  by  the  constitution,  powers  and  duties  of 
governor:  See  Const.  Cal.,  art.  V,  sees.  1,  5,  6-11,  13,  14, 
20.     Pardoning  power:  Const.  Cal.,  art.  VII,  sec.  1. 

Subd.  3.  Power  to  fill  vacancies:  Const.  Cal.,  art.  V, 
sec.  8.  Vacancy,  what  constitutes:  Post,  sec.  996.  Mode 
of  supplying:  Post,  sees.  997-1004. 

Appointing  power:  See  ante,  sec.  368. 

Power  over  attorney-general:   See  post,  sec.  470. 

Subd.  9.  Fugitives  from  justice:  Pen.  Code,  sees.  1547- 
1558. 

Subd.  10.  Election  proclamations:   Post,  sees.  1053,  1054. 


§§  3S1-3S4  EXECUTIVE    OFFICERS.  76 

Subd.  11.  Public  lands:    Post,  sees.  3395-3574. 
Act  authorizing  employment  of  stenographer:    See  post, 
Appendix,  title  Governor. 

§  381.     To  transmit   list  of  appointments  to   legislature. 

Within  ten  days  after  the  meeting  of  the  legislature  the 
governor  must  transmit  to  it  a  list  of  all  appointments 
made  by  him  under  the  provisions  of  section  1000.  En. 
March  12,  1872. 

§  382.  Records  in  office  of.  The  governor  must  cause 
to  be  kept  the  following  records: 

1.  A  register  of  all  applications  for  pardon  or  for  com- 
mutation of  any  sentence,  with  a  list  of  the  official  sig- 
natures and  recommendation  in  favor  of  each  application; 

2.  A  register  of  statements  in  capital  cases  made  to  him, 
with  his  action  thereon; 

3.  An  account  of  .all  his  official   expenses  and   disburse 
ments,    including    the    incidental    expenses   of    his    depart- 
ment,  and  of  all   rewards   offered   by   him   for   the   appre- 
hension of  criminals  and  persons  charged  with  crime; 

4.  A  register  of  all  appointments  made  by  him,  with  date 
of  commission,  names  of  appointee  and  predecessor; 

5.  A  record  of  all  persons  confined  in  the  state  prison, 
showing  the  name  of  the  convict,  his  age,  and  general  ap- 
pearance, when  and  where  convicted,  and  of  what  crime, 
the  time  of  his  sentence,  and  when  such  time  expires. 
En.  March  12,  1872. 

§  383.  Persons  acting  as  governor.  Every  provision  in 
the  laws  of  this  state  in  relation  to  the  powers  and  duties 
of  the  governor,  and  in  relation  to  acts  and  duties  to  be 
performed  by  others  toward  him,  extends  to  the  persons 
performing  for  the  time  being  the  duties  of  governor.  En. 
March  12,  1872 

Lieutenant-governor  acting  as  governor:  Const."  Cal.,  art. 
V,  sec.  16. 

§  384.  Salary  of  governor.  The  annual  salary  of  the 
governor,  to  include  all  services  rendered  ex-officio  as 
member  of  any  board  or  commission  as  now  required,  or 
which  may  be  by  law  hereafter  devolved  upon  him,  six 
thousand  dollars.  En.  March  12,  1872.  Ara'd.  1877-8,  3; 
1880,  84. 


77  EXECUTIVE    OFFICERS.  §§   3S5-897 

§  385.  Salary  of  private  secretary.  The  annual  salary 
of  the  private  secretary  of  the  governor,  is  four  thousanii 
dollars.     En.  March  12,  1872.     Am'd.  1880.  84;  1889,  55. 

§  386.  Salary  of  executive  secretary.  The  executive 
secretary  of  the  governor  is  ex-officio  secretary  of  the  board 
of  state  capitol  commissioners.  The  annual  salary  of  the 
executive  secretary  of  the  governor  and  ex-officio  secretary 
of  the  board  of  state  capitol  commissioners  is  two  thousand 
six  hundred  dollars.  En.  March  12,  1872.  Am'd.  1877-8,  3; 
1880,  84;   1889,  403. 

ARTICLE  IV. 

LIEUTENANT-GOVERNOR. 

§  396.     Duties    of. 

§  S'Jl.     Compensation    of. 

§  396.  Duties  of.  The  duties  of  the  lieutenant-governor 
are  prescribed  by  the  constitution.  En.  March  12,  1872. 
Amd.  1880,  88. 

Prescribed  by  the  constitution,  duties  of  lieutenant-gov- 
ernor: Const.  Cal.,  art.  V,  sees.  15,  16. 

Lieutenant-governor,  generally:  See  same  sections  of 
constitution.  Liability  to  impeachment:  Const.  Cal.,  art. 
IV,  sec.  18.     As  governor  pro  tempore:  See  ante,  sec.  383. 

§  397.  Compensation  of.  The  lieutenant-governor  shall 
receive  the  same  per  diem  and  mileage,  and  sum  for  con- 
tingent expenses,  as  the  speaker  of  the  assembly,  and  only 
during  the  session  of  the  legislature.  En.  March  12,  1872. 
Am'd.  1877-8,  3;   1880,  88. 

Lieutenant-governor's  compensation,  fixed  by  amendment 
1880,  pursuant  to  Const.  Cal.  1879,  art.  V,  sec.  19. 

ARTICLE    V. 

OF   THE    SECRETARY   OF   STATE. 

§  iOl.  Custody    of   records, 

§  408.  Duties    of    secietary    of    state. 

g  4'l)9.  Distribution   of   statutes   and   journals. 

§  41IJ.  Distribution    of   reports    of    supreme   court. 

§  411.  To   mark    books    distributed. 

§  412.  To  superintend  and   take   charge   of  capitol. 

S  4i-<.  To   furnisli   fuel,    stationery,    etc. 

§  414.  Expenses   for   fuel,    etc.,    how   paid. 

§  41.5.  May    appoint   certain    executive   officers. 

I  416.  Fees. 


§§  407,  408  EXECUTIVE   OFFICERS.  78 

§  417.  Salary   of   secretary. 

§  41S.  Deputy  secretary  of  state,   salary. 

§  419.  Bookkeeper,    salary. 

§  420.  Salary   of   deputies   and   employees. 

§  421.  Watchman   for   capitol   and   governor's   mansion. 

§  422.  Salary    of    special    clerks.     (Repealed.) 

§  422%.  Additional    clerks. 

§  4'23.  Official   bond. 

§  424.  Accounts    of    expenditures. 

§  425.  Police    for    capitol    grounds: 

§  407.  Custody  of  records.  The  secretary  of  state  is 
charged  with  the  custody: 

1.  Of  the  enrolled  copy  of  the  constitution; 

2.  Of  all  acts  and  resolutions  passed  by  the  legislature; 

3.  Of  the  journals  of  the  legislature; 

4.  Of  the  great  seal; 

5.  Of  all  books,  records,  deeds,  parchments,  maps,  and 
papers  kept  or  deposited  in  his  office  pursuant  to  law.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     69,  495. 

§  408.  Duties  of  secretary  of  state.  In  addition  to  the 
duties  prescribed  by  the  constitution,  it  is  the  duty  of  the 
secretary  of  state: 

First — To  attend  at  every  session  of  the  legislature,  for 
the  purpose  of  receiving  bills  and  resolutions  thereof,  and 
to  perform  such  other  duties  as  may  be  devolved  upon  him 
by  resolution  of  the  two  houses,  or  either  of  them; 

Second — To  keep  a  register  of,  and  attest  the  official 
acts  of,  the  governor; 

Third — To  affix  the  great  seal,  with  his  attestation,  to 
commissions,  pardons,  and  other  public  instruments,  to 
which  the  ofiicial  signature  of  the  governor  is  required; 

Fourth — To  record  in  proper  books  all  conveyances  made 
to  the  state  (except  conveyances  made  under  the  revenue 
law  of  lands  sold  for  taxes),  and  all  articles  of  incorpora- 
tion filed  in  his  office; 

Fifth — To  receive  and  record  in  proper  books  the  official 
bonds  of  all  the  officers  whose  bonds  are  fixed  by  part 
three  of  this  code,  and  then  to  deliver  the  original  to  thie 
to  the  state  treasurer; 

Sixth — To  record  in  a  proper  book  all  changes  of  names 
certified  to  him  by  the  county  clerks,  in  the  manner  in 
which  such  record  is  now  made; 

Seventh — To  take  and  file  in  his  office  receipts  for  all 


79  EXECUTIVE   OFFICERS.  §  409 

books  distributed  by  him,  and  to  direct  the  countj^  clerk 
of  each  county   to   do   the   same; 

Eighth — To  certify  to  the  ■governor  the  names  of  those 
persons  who  have  received  at  any  election  the  highest 
number  of  votes  for  any  office,  the  incumbent  of  which 
is  commissioned  by  the  governor; 

Ninth — To  furnish,  on  demand,  to  any  person  paying  the 
fees  therefor,  a  certified  copy  of  all  or  any  part  of  any  law, 
record,  or  other  instrument  filed,  deposited,  or  recorded 
in  his  office; 

Tenth — To  deliver  to  the  superintendent  of  state  print- 
ing, at  the  earliest  day  practicable  after  the  final  ad- 
journment of  each  session  of  the  legislature,  an  index  of 
all  laws,  resolutions  (with  marginal  notes),  and  journals, 
kept,  passed,  or  adopted  at  such  session; 

Eleventh — To  present  to  the  legislature,  at  the  com- 
mencement of  each  session  thereof,  a  full  account  of  all 
purchases  made  and  expenses  incurred  by  him  in  furnish- 
ing fuel,  lights,  and  stationery; 

Twelfth — To  keep  a  fee  book,  in  which  must  be  entered 
all  fees,  commissions,  and  compensation  of  whatever 
nature  or  kind  by  him  earned,  collected,  or  charged,  with 
the  date,  name  of  payor,  paid  or  not  paid,  and  the  nature 
of  the  service  in  each  case,  which  book  must  be  verified  an- 
nually by  his  affidavit  entered  therein; 

Thirteenth — To  file  in  his  office  descriptions  of  seals 
in  use  by  the  different  state  officers  and  furnish  such  offi- 
cers with  new  seals  whenever  required; 

Fourteenth — To  discharge  the  duties  of  member  of  the 
state  board  of  examiners,  state  capitol  commissioner, 
state  sealer  of  weights  and  measures,  and  all  other  duties 
required  of  him  by  law; 

Fifteenth — To  report  to  the  governor  at  the  time  pre- 
scribed in  section  three  hundred  and  thirty-two,  a  detailed 
account  of  all  of  his  official  actions  since  his  previous 
reports,  and  accompanying  the  report  with  a  detailed 
statement,  under  oath,  of  the  manner  in  which  all  appro- 
priations for  his  office  have  been  expended.  En.  March 
12,  1872.     Am'd.  1880,  85;  1903,  58. 

§  409.  Distribution  of  statutes  and  journals.  Immedi- 
ately after  the  laws,  resolutions,  and  journals  mentioned 
in  subdivision  tenth  of  the  preceding  section  are  bound, 
the  secretary  of  state  must  distribute  the  same,  as  follows: 


§  410  EXECUTIVE    OFFICERS.  SO 

1.  To  each  department  of  the  government  at  Washing- 
ton, and  of  the  government  of  this  state,  one  copy; 

2.  To  the  library  of  congress,  the  state  library,  and  to 
the  supreme  court  library,  two  copies  each; 

3.  To  each  of  the  states,  two  copies; 

4.  To  each  of  our  members  of  congress,  and  to  each 
of  the  United  States  district  judges,  judges  of  the  su- 
preme and  superior  courts  of  this  state,  one  copy; 

5.  To  the  lieutenant-governor,  each  member  of  the 
legislature,  secretary  of  the  senate,  and  clerk  of  the  as- 
sembly, at  the  session  when  such  laws  and  journals  were 
adopted,  one  copy; 

6.  To  each  of  the  incorporated  colleges  of  the  state, 
the  university,  and  to  such  other  literary  and  scientific 
institutions  as  in  his  opinion  may  secure  an  Interchange 
of  works,  one  copy; 

7.  Of  the  laws  alone,  to  the  county  clerk  of  each  county, 
in  the  cheapest  and  most  expeditious  manner,  to  be  by 
the  sheriff  distributed  under  the  direction  of  the  clerks, 
one  copy  for  the  board  of  supervisors,  one  copy  to  each 
county  oflBcer,  and  each  justice  of  the  peace  and  police 
judge;  and  of  the  journals,  three  copies  of  each  house  to 
each  county  clerk,  for  the  use  of  the  county.  En.  March 
12,  1872.     Am'd.  1903,  60. 

Secretary  of  state  to  keep  official  records:  See  Const. 
Cal.,  art.  V,  sec.  19.  Subject  to  impeachment:  Const. 
Cal.,  art.  IV,  sec.  18.  Grants  and  commissions  counter- 
signed by:  Const.  Cal.,  art.  V,  sec.  14.  Mode  of  election 
and  term  of  office:  Ante,  sec.  348. 

§  410.  Distribution  of  reports  of  supreme  court.  He 
must  distribute  of  the  bound  volumes  of  the  decisions 
of  the  supreme  court,  as  soon  as  he  receives  them: 

1.  To  each  state,  one  copy; 

2.  To  the  library  of  congress,  the  state  library,  and  the 
supreme  court  library,  two  copies  each; 

3.  To  each  department  of  this  state,  and  to  each  of  the 
United  States  district  judges  for  this  state,  supreme  and 
superior  judges  of  this  state,  and  to  the  judges  of  the 
police  court  of  San  Francisco,  one  copy; 

4.  To  each  district  attorney  and  county  clerk,  one  copy; 

5.  To  the  reporter  of  the  decisions,  ten  copies.  En. 
March  12,  1872.     Am'd.  1903,  60. 


81  EXECUTIVE    OFFICERS.  §§  411-415 

§  411.  To  mark  books  distributed.  The  secretary  of 
state  must  indelibly  mark  each  book  distributed  to  officers 
in  this  state  (except  legislative  officers  and  the  reporter) 
with  the  name  of  the  county  to  which  and  the  official  desig- 
nation of  the  officer  to  whom  it  is  sent.  Such  books  re- 
main the  property  of  the  state,  and  must  be  by  the  officers 
receiving  them  delivered  to  their  successors.  En.  March 
12,  1872. 

§  412.     To  superintend  and  take  charge  of  capitoi.     The 

secretary  of  state  is  the  superintendent  and  has  charge 
of  the  state  capitoi,  and  he  must  keep  the  same  together 
with  all  property  therein,  in  good  order  and  repair.  En. 
March  12,  1872. 

§  413.  To  furnish  fuel,  stationery,  etc.  Fuel,  lights, 
and  stationery  for  the  senate  and  assembly,  supreme  court, 
and  state  and  supreme  court  libraries,  and  for  all  officers 
having  their  offices  or  chambers  in  the  state  capitoi,  must 
be  furnished  by  the  secretary  of  state.  En.  March  12, 
1872. 

§  414.  Expenses  for  fuel,  etc.,  how  paid.  The  expenses 
incurred  by  him  in  carryin'g  into  effect  the  provisions  of 
sections  409,  410,  412,  and  413,  must  be  audited  by  the 
board  of  examiners  and  paid  out  of  any  moneys  specially 
appropriated  for  that  purpose.    En.  March  12,  1872. 

Board  of  examiners:   Post,  sees.  654-685. 

§  415.     IVlay     appoint    certain     executive     officers.      The 

secretary  of  state,  to  assist  him  in  the  discharge  of  the 
duties  of  his  office,  may  appoint  the  following  executive 
officers  and  no  other:  One  deputy  secretary  of  state, 
a  keeper  of  the  archives,  a  bookkeeper,  five  recording 
clerks,  one  statistician,  one  janitor,  one  janitor's  clerk, 
two  engineers,  one  of  whom  shall  serve  only  during  the 
sessions  of  the  legislature,  two  firemen,  one  of  whom  shall 
serve  only  during  the  sessions  of  the  legislature,  four 
porters  for  the  capitoi  building,  one  porter  for  office  of 
secretary  of  state,  three  watchmen,  two  elevator  attend- 
ants, one  of  whom  shall  serve  only  during  the  sessions 
of  the  legislature;  also  two  special  clerks  in  each  legis- 
lative year,  to  serve  from  January  first  to  April  first. 
En.  March  12,  1872.  Rep.  1897,  99.  En.  1903,  60. 
Pol.  Code— « 


§  416  EXECUTIVE    OFFICERS.  82 

§  416.  Fees.  The  secretary  of  state,  for  services  per- 
formed in  his  office,  must  charge  and  collect  the  following 
fees: 

1.  For  a  copy  of  any  law,  resolution,  record,  or  other 
document  or  paper  on  file  in  his  office,  twenty  cents  per 
folio. 

2.  For  comparing  a  copy  of  any  law,  resolution,  record, 
or  other  document  or  paper  with  the  original,  or  the  certi- 
fied copy  of  the  original,  on  file  in  his  office,  five  cents  per 
folio. 

3.  For  affixing  certificate  and  seal  of  state,  unless  other- 
wise provided  for,  two  dollars. 

4.  For  filing  articles  of  incorporation,  if  the  capital  stock 
amounts  to  twenty-five  thousand  dollars  or  less,  fifteen  dol- 
lars; if  the  capital  stock  amounts  to  over  twenty-five  thou- 
sand •dollars,  and  not  over  seventy-five  thousand  dollars, 
twenty-five  dollars;  if  the  capital  stock  amounts  to  over 
seventy-five  thousand  dollars,  and  not  over  two  hundred 
thousand  dollars,  fifty  dollars;  if  the  capital  stock  amounts 
to  over  two  hundred  thousand  dollars,  and  not  over  five 
hundred  thousand  dollars,  seventy-five  dollars;  if  the  capi- 
tal stock  is  over  five  hundred  thousand  dollars,  and  not 
over  one  million  dollars,  one  hundred  dollars;  if  the  capi- 
tal stock  is  over  one  million  dollars,  fifty  dollars  additional 
for  every  five  hundred  thousand  dollars  or  fraction  there- 
of of  capital  stock  over  and  above  one  million  dollai's; 
for  filing  articles  of  incorporation  without  capital  stock, 
except  co-operate  associations,  five  dollars;  for  filing  ar- 
ticles of  incorporation  of  co-operative  associations,  formed 
under  the  act  of  eighteen  hundred  and  ninety-five,  and  acts 
supplementary  thereto  or  amendatory  thereof,  fifteen  dol- 
lars. 

5.  For  recording  articles  of  incorporation,  twenty  cents 
per  folio. 

6.  For' issuing  certificate  of  incorporation,  three  dollars. 

7.  For  filing  certificate  of  increase  of  capital  stock,  five 
dollars  for  every  fifty  thousand  dollars  or  fraction  thereof 
of  such  Increase. 

8.  For  filing  certificate  of  decrease  of  capital  stock,  five 
dollars. 

9.  For  filing  notice  of  removal  of  principal  place  of  busi- 
ness, five  dollars. 

10.  For  filing  amended  articles  of  incorporation,  unless 
otherwise  provided  for,  five  dollars. 

11.  For  filing  certificate  of  creation  of  bonded  indebted- 
ness, or  Increase  or  decrease  thereof,  five  dollars. 


S3  EXECUTIVE    OFFICERS.  §  416 

12.  For  issuing  certificate  of  increase  or  decrease  of  capi- 
tal stock,  three  dollars. 

13.  For  filing  certificate  on  continuance  of  existence,  five 
dollars. 

14.  For  issuing  certificate  of  continuance  of  existence, 
three  dollars. 

15.  For  filing  claim  to  trademark,  and  issuing  certificate 
of  filing,  five  dollars. 

16.  For  issuing  certificate  of  filing  of  any  document,  not 
otherwise  provided  for,  three  dollars. 

17.  For  filing  certificate  of  increase  or  decrease  of  number 
of  directors,  five  dollars. 

18.  For  issuing  certificate  of  increase  or  decrease  of  num- 
ber of  directors,  three  dollars. 

19.  For  receiving  and  recording  each  oflacial  bond,  five 
dollars. 

20.  For  filing  notice  of  appointment  of  agent,  five  dol- 
lars. 

21.  For  each  commission,  passport,  or  other  document 
signed  by  the  governor  and  attested  by  the  secretary  of 
state  (pardons,  military  commissions,  and  extradition  pa- 
pers excepted),  five  dollars. 

22.  For  each  patent  for  land  issued  by  the  governor,  if 
for  one  hundred  and  sixty  acres  or  less,  one  dollar;  and 
for  each  additional  one  hundred  and  sixty  acres,  or  fraction 
thereof,  one  dollar. 

23.  For  issuing  certificate  of  official  character,  two  dol- 
lars. 

24.  For  recording  miscellaneous  documents  or  papers, 
twenty  cents  per  folio. 

25.  For  filing  certified  copy  of  order  and  decree  of  court, 
changing  name,  five  dollars. 

No  member  of  the  legislature  or  state  oflacer  shall  be 
charged  for  any  search  relative  to  matters  appertaining 
to  the  duties  of  their  office;  nor  shall  they  be  charged 
any  fee  for  a  certified  copy  of  any  law  or  resolution  passed 
by  the  legislature  relative  to  their  official  duties. 

All  fees  collected  by  the  secretary  of  state  must,  at  the 
end  of  each  month,  be  paid  into  the  state  treasury.  Three 
thousand  dollars  of  such  monthly  returns  shall  be  credited 
to  and  constitute  the  state  library  fund,  and  the  balance 
shall  be  paid  into  the  general  fund  of  the  state.  En. 
March  12,  1872.  Am'd.  1881,  65;  1895,  63;  1901,  86;  1903, 
27;   1905,  623. 


§§  417-420  EXECUTIVE    OFFICERS.  84 

Fee  book:  Ante,  sec.  408,  subd.  13.  Certified  copies 
of  documents  to  be  furnished  on  payment  of  fees:  Ante, 
sec.  408,  subd.  9. 

§  417.  Salary  of  secretary.  The  annual  salary  of  the 
secretary  of  state,  to  include  all  services  rendered  ex- 
offieio  as  member  of  any  board  or  commission  as  now 
required,  or  which  may  be  by  law  hereafter  devolved  upon 
him,  is  three  thousand  dollars.  En.  March  12,  1872. 
Am'd.  1877-8,  3;   1880,  86. 

Salary  of  secretary  of  state  under  amendment  of  1880 
corresponds  with  Const.  Cal.  1879,  art.  V,  sec.  19. 

§  418.  Deputy  secretary  of  state,  salary.  The  annual 
salary  of  the  deputy  secretary  of  state  is  two  thousand 
seven  hundred  dollars.  Such  salary  shall  be  payable  in  the 
same  manner  as  salaries  of  other  state  officers.  En.  March 
12,  1872.     Am'd.  1877-8,  4;   1905,  784. 

§  419.  Bookkeeper,  salary.  The  annual  salary  of  the 
bookkeeper  Fhall  be  twenty-four  hundred  dollars,  payable 
at  the  same  dme  and  in  the  same  manner  as  other  state 
officers.  En.  March  12,  1872.  Am'd.  1877-8,  4;  1880,  86; 
1905,  784. 

Originally  "clerk"  with  two  thousand  four  hundred  dol- 
lars annual  salary. 

§  420.  Selary  of  deputies  and  employees.  The  annual 
salary  of  the  keeper  of  the  archives  is  two  thousand  'ol- 
lars;  of  each  recording  clerk,  sixteen  hundred  dollars; 
of  the  statistician,  two  thousand  dollars;  of  the  janitor, 
two  thousand  dollars;  of  the  janitor's  clerk,  sixteen  hun- 
dred dollars;  of  one  engineer,  fifteen  hundred  dollars; 
of  one  fireman,  ten  hundred  and  eighty  dollars;  of  one 
elevator  attendant,  nine  hundred  dollars;  of  each  porter 
of  the  capitol  building,  ten  hundred  and  eighty  dollars; 
ol  the  porter  of  the  secretary  of  state's  office,  seven  hun- 
dred and  twenty  dollars;  of  each  watchman,  ten  hundred 
and  eighty  dollars.  The  monthly  salary  of  the  engineer 
serving  during  the  sessions  of  the  legislature  is  one  hun- 
dred and  twenty-five  dollars;  of  the  fireman  serving  dur- 
ing the  sessions  of  tht  legislature,  ninety  dollars;  of  the 
elevator  attendant  serving  during  the  sessions  of  the  leg- 
islature, seventy-five  dollars,  and  each  special  clerk  serv- 


85  EXECUTIVE    OFFICERS.  §§  421-425 

ing  from  the  first  day  of  January  to  the  first  day  of  April 
during  each  legislative  year,  one  hundred  and  twenty-five 
dollars.  All  such  salaries  are  payable  in  the  same  man- 
ner and  at  the  same  time  as  other  state  officers.  En. 
Miarch   12,   1872.     Am'd.   1877-8,   4;    1880,   86;    1903,   61. 

§  421.     Watchmen   for   capitol    and    governor's    mansion. 

The  watchman  employed  in  the  state  capitol  and  for  the 
governor's  mansion,  shall  have  the  power  of  peace  officers, 
and  shall  receive  for  their  services  an  annual  salary  of 
twelve  hundred  dollars,  payable  at  the  same  time  and  in 
the  same  manner  as  other  state  officers.  En.  March  12, 
1872.     Rep.   1880,   88      En.   Stats.  1905,  10. 

§  422.  Salary  of  special  clerks.  (Repealed.)  En. 
March  12,  1872.     Am'd.  1880,  86. 

§  422'/2.  Additional  clerks.  From  the  first  day  of  May, 
nineteen  hundred  and  one,  to  the  first  day  of  January, 
nineteen  hundred  and  three,  the  secretary  of  state  is 
hereby  authorized  to  appoint  two  additional  clerks  in  his 
office,  who  shall  be  civil  executive  officers;  said  clerks 
to  be  paid  the  same  salary  as  other  clerks  employed  by 
the  secretary  of  state,  and  be  payable  at  the  same  time 
and  in  the  same  manner  as  other  state  officers  are  paid. 
En.  Stats.  1901.  271. 

§  423.  Official  bond.  The  secretary  of  state  must  ex- 
ecute an  official  bond  in  the  sum  of  ten  thousand  dollars. 
En.  March  1      1872. 

Official  bonds:    Post,  sees.  947  et  seq. 

Filing  bond  by  secretary  of  state:   Post,  sec.  949. 

§  424.  Accounts  of  expenditures.  AH  state  officers  and 
appointees  shall  produce  itemized  accounts  for  all  moneys 
other  than  salaries,  expended  by  them,  accompanfed"  by 
affidavit  that  the  money  has  been  expended.  En.  Stats. 
1877-8,  5. 

Act  prohibiting  creation  of  debt  in  excess  of  appropria- 
tion: See  act  approved  March  23,  1893,  Stats.  1893,  p.  285. 

§  425.  Police  for  capitol  grounds.  The  board  of  capitol 
commissioners  shall  appoint  three  special  policemen,  to 
hold  office  during  its  pleasure,  for  the  state  capitol  grounds, 
who  shall  have  the  power  of  peace  officers,  and  receive  for 
their  services  a  salary  of  one  hundred  dollars  per  month 
each,  payable  as  the  salaries  of  other  state  officials.  En. 
Stats.  1887,  151.     Am'd.  1889,  427. 


§  4S3  EXECUTIVE   OFFICERS.  «6 

ARTICL/E  VI. 

CONTROLLER. 

§  433.  General    duties   of. 

§  *34.  Certificate    of    settlement. 

§  435.  Special   duties   connected   with   school   fund. 

§  436.  Order   in   which   warrants   must   be   drawn. 

5  437.  Proceedings   against   defaulters. 

§  438.  Salary. 

§  439.  Employees    of   controller. 

§  440.  Salaries. 

§  441.  Porter. 

§  442.  Official   bond. 

§  443.  Controller  to  estimate  and  certify  school   tax  of  year. 

§  444.  Grammar    school    fvnd.     (Repealed.) 

§  433.  General  duties  of.  It  is  the  duty  of  the  cou- 
troller : 

1.  To  superintend  the  fiscal  concerns  of  the  state; 

2.  To  report  to  the  governor,  on  the  second  Monday  In 
October  next  preceding  each  regular  session  of  the  legis- 
lature, a  statement  of  the  funds  of  the  state,  its  revenues, 
and  of  the  public  expenditures  during  the  two  preceding 
fiscal  years,  together  with  a  detailed  estimate  of  the 
expenditures  to  be  defrayed  from  the  treasury  for  the  two 
ensuing  fiscal  years,  specifying  therein  each  object  of 
expenditure,  and  distinguishing  between  such  as  are  pro- 
vided for  by  permanent  or  temporary  appropriations  and 
such  as  must  be  provided  for  by  a  new  statute,  and  sug- 
gesting the  means  from  which  such  expenditures  are  to 
be  defrayed; 

3.  To  accompany  his  biennial  report  with  tabular  state- 
ments, showing:  1.  The  amount  or  each  appropriation  for 
the  two  preceding  fiscal  years,  the  amounts  expehded,  and 
the  balance,  if  any;  2.  The  amounts  of  revenue  chargeable 
to  each  county  for  such  years,  the  amount  paid,  and  the 
amount  unpaid  or  due  therefrom; 

4.  When  requested,  to  give  information  in  writing  to 
either  house  of  the  legislature  relating  to  the  fiscal  affairs 
of  the  state  or  the  duties  of  his  office; 

5.  To  suggest  plans  for  the  improvement  and  manage- 
ment of  the  public  revenues; 

6.  To  keep  and  state  all  accounts  in  which  the  state  is 
interested; 

7.  To  keep  an  account  of  all  warrants  drawn  upon  the 
treasurer,  and  a  separate  account  under  the  head  of  each 
specific  appropriation,  showing  at  all  times  the  unexpended 
balance  of  such  appropriation; 


87  EXECUTIVE   OFFICERS.  §  433 

8.  To  keep  an  account  between  the  state  and  the  treas- 
urer, and  therein  charge  the  treasurer  with  the  balance 
in  the  treasury  when  he  came  into  office,  and  with  all 
moneys  received  by  him,  and  credit  him  with  all  warrants 
drawn  on  and  paid  by  him; 

9.  To  keep  a  register  of  warrants,  showing  the  fund  upon 
which  they  are  drawn,  the  number,  in  whose  favor,  for 
what  service,  the  appropriation  applicable  to  the  payment 
thereof,  when  the  liability  accrued,  and  a  receipt  from  the 
person  to  whom  the  warrant  is  delivered; 

10.  To  audit  all  claims  against  the  state  in  cases  where 
there  is  [are]  sufficient  provisions  of  law  for  the  payment 
thereof; 

11.  To  examine  and  settle  the  accounts  of  all  persons 
indebted  to  the  state,  and  to  certify  the  amount  to  the 
treasurer,  and  upon  presentation  and  filing  of  the  treas- 
urer's receipt  therefor  to  give  such  person  a  discharge  and 
charge  the  treasurer  therewith; 

12.  In  his  discretion  to  require  any  person  presenting 
an  account  for  settlement  to  be  sworn  before  him,  and  to 
answer  orally  or  in  writing,  ag  to  any  facts  relating  to  it; 

13.  To  require  all  persons  who  have  received  any  moneys 
belonging  to  the  state  and  have  not  accounted  therefor  to 
settle  their  accounts; 

14.  In  his  discretion  to  inspect  the  books  of  any  person 
charged  with  the  receipt,  safe-keeping,  or  disbursement  of 
public  moneys; 

15.  In  his  discretion,  to  require  all  persons  whc  have 
received  moneys  or  securities,  or  have  had  the  disposition 
or  management  of  any  property  of  the  state  of  which  an 
account  is  kept  in  his  office,  to  render  statements  thereof 
to  him;  and  all  such  persons  must  render  such  statement 
at  such  times  and  in  such  form  as  he  may  require; 

16.  To  direct  and  superintend  the  collection  of  all  moneys 
due  the  state,  and  institute  suits  in  its  name  for  all  official 
delinquencies  in  relation  to  the  assessment,  collection,  and 
paymient  of  the  revenue,  and  against  persons  who  by  any 
means  have  become  possessed  of  public  money  or  property 
and  fail  to  pay  over  or  deliver  the  same,  and' against  all 
deibtors  of  the  state;  of  which  suits  the  courts  of  Sacra- 
mento County  have  jurisdiction,  without  regard  to  the  resi- 
dence of  the  defendants; 

17.  To  draw  warrants  on  the  treasurer  for  the  payment 


§§  434,  435  EXECUTIVE    OFFICERS.  88, 

of  moneys  directed  by  law  to  be  paid  out  of  the  treasury; 
but  no  warrant  must  be  drawn  unless  authorized  by  law, 
and  upon  an  unexhausted  specific  appropriation  provided  by 
law  to  meet  the  same.  Every  warrant  must  be  drawn 
upon  the  fund  out  of  which  it  is  payable,  and  specify  the 
service  for  which  it  is  drawn,  when  the  liability  accrued, 
and  the  specific  appropriation  applicable  to  the  payment 
thereof; 

18.  To  furnish  the  state  treasurer  with  a  list  of  warrants 
drawn  upon  the  treasury; 

19.  To  have  printed  and  forwarded  to  the  auditor  of  each 
county  blank  state  licenses; 

20.  To  authenticate  with  his  official  seal  all  drafts  and 
warrants  drawn  by  him,  and  all  copies   of  papers  issued 

.  from  his  office; 

21.  To  perform  the  duties  of  a  member  of  the  state 
board  of  equalization,  and  of  the  state  board  of  tide  land 
commissioners,  and  such  other  duties  as  are  prescribed  by 
law.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  69,  225;  73,  577;  80,  224;  105,  596;  106, 
116;  106,  133;  106,  136.  Subd.  16—51,  567;  105,  596. 
Subd.  17—69,  76;    80,  222;  80,  226;  80,  228;   144,  684. 

Controller  impeachable:  Const.  Cal.,  art.  IV,  sec.  18. 
Election:  Ante,  sec.  348;  Const.  Cal.,  art.  V,  sec.  17.  State 
board  of  equalization,  ex-officio  member  of:  Const.  Cal., 
'art.  XIII,  sec.  9.  Canvasser  of  returns  of  election  on  re- 
vision of  constitution:  Const.  Cal.,  art.  XVIII,  sec.  2. 
Supervision  of,  by  board  of  examiners:  Sees.  672,  674, 
675,  678. 

Punishment  for  willful  omission  of  duty:  Pen.  Code, 
sec.  176. 

Lost  warrants,  act  relating  to  payment  of:  See  General 
Lr.ws,  title  Lost  Warrants. 

Subd.  11.     Certificate:   Post,  sec.  434. 

Subd.  17.     "Warrants,  authority  to  draw:  Post,  sec.  672. 

§  434.  Certificate  jf  settlement.  The  certificate  men- 
tioned in  subdivision  11  of  section  433  must  show  by  whom 
the  payment  is  to  be  made,  the  amount  thereof,  and  the 
funds  into  which  it  is  to  be  paid,  and  must  be  numbered 
in  order,  Ijeginning  with  number  one  at  the  commence- 
ment of  each  fiscal  year.     En.  March  12,  1872. 

§  435.  Special  duties  connected  with  school  fund.  The 
controller  must  keep  a  separate  account  of  the  school  fund, 


89  EXECUTIVE    OFFICERS.  §§  436,  437 

and  of  the  interest  and  income  tliereof,  together  with  such 
moneys  as  may  be  raised  by  special  tax,  or  otherwise,  for 
school  purposes.  He  must,  on  the  firat  Mon«lay  in  Jan- 
uary and  on  the  first  Monday  in  July  in  each  year,  re- 
port to  the  superintendent  of  public  instruction,  a  state- 
ment of  the  securities  belonging  to  the  school  fund,  of  the 
moneys  in  the  treasury  subject  to  apportionment,  and  the 
several  sources  from  which  they  accrued.  He  must  draw 
his  warrant  on  the  state  treasurer  in  favor  of  any  county 
treasurer,  whenever  such  county  treasurer  presents,  with 
his  indorsement,  an  order  drawn  by  the  superintendent  of 
public  instruction  in  favor  of  such  county;  and  the  warrant 
so  drawn  is  not  subject  to  the  provisions  of  article  eighteen 
of  this  chapter.     En.  March  12,  1872.     Am'd.  1891,  471. 

Apportionment  of  state  school  fund:  Post,  sec.  1532, 
subd.  4. 

§  436.     Order    in    which    warrants    must   be    drawn.     All 

warrants  for  claims  which  have  been  audited  by  the  board 
of  examiners  and  filed  in  his  office  must  be  drawn  in  the 
order  of  the  numbers  placed  upon  them  by  that  board.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     80,  223. 

Board  of  examiners:  Post,  sees.  654-685. 

§  437.  Proceedings  against  defaulters.  Whenever  any 
person  has  received  moneys,  or  has  money  or  other  per- 
sonal property  which  belongs  to  the  state  by  escheat  or 
otherwise,  or  has  been  intrusted  with  the  collection, 
management,  or  disbursement  of  any  moneys,  bonds,  or 
interest  accruing  therefrom,  belonging  to  or  held  in  trust 
by  the  state,  and  fails  to  render  an  account  thereof  to, 
and  make  settlement  with,  the  controller  within  the  time 
prescribed  by  law,  or  when  no  particular  time  is  specified, 
fails  to  render  such  account  and  make  settlement,  or  who 
fails  to  pay  into  the  state  treasury  any  moneys  belonging 
to  the  state,  upon  being  required  so  to  do  by  the  controller, 
within  twenty  days  after  such  requisition,  the  controller 
must  state  an  account  with  such  person,  charging  twenty- 
five  per  cent  damages,  and  interest  at  the  rate  of  ten  per 
cent  per  annum  from  [the]  time  of  the  failure;  a  copy 
of  which  account  in  any  suit  therein  is  prima  facie  evidence 
of  the  things  therein  stated;  but  in  case  the  controller 
cannot  for  want  of  information  state  an  account,  he  may 
in  any  action  brought  by  him  aver  that  fact  and  allege 


§§  438-443  EXECUTIVE    OFFICERS.  W 

generally  the  amount  of  money  or  other  property  which 
is  due  to  or  which  belongs  to  the  state.  En.  March  12, 
1872.     Am'd.  1873-4,  7. 

Cal.  Rep.  Cit.  70,  214;  73,  575;  73,  576;  73,  577;  73,  578; 
73,  579;    73,  580;    76,  123;    117,  243. 

Escheatment:    See  Escheated  Estates,  ante,  sec.   41. 

§  438.  Salary.  The  annual  salary  of  the  controller,  to 
include  all  services  render  ex-officio  as  member  of  any 
board  or  commission  as  now  required,  or  which  may  be 
by  law  hereafter  devolved  upon  him,  is  three  thousand 
dollars.     En.  March  12,  1872.     Am'd.  1877-8,  4;  1880,  86. 

§  439.  Employees  of  controller.  The  controller  may  ap- 
point one  deputy  controller,  one  expert,  one  bookkeeper 
and  five  clerks,  all  of  whom  shall  be  civil  executive  of- 
ficers.    En.  March  12,  1872.     Am'd.  1877-8,  4;  1905,  785. 

§  440.  Salaries.  Th  annual  salary  of  the  deputy  con- 
troller is  twenty-seven  hundred  dollars;  of  the  expert  two 
thousand  dollars;  of  the  bookkeeper,  two  thousand  dollars; 
and  of  each  clerk  .one  thousand  six  hundred  dollars.  All 
such  salaries  shall  be  paid  in  the  same  manner  and  at  the 
same  time  as  the  salaries  of  other  state  ofllcers.  En. 
March  12,  1872.     Am'd.  1877-8,  4;   1880,  86;   1905,  785. 

§  441.  Porter.  The  controller  may  appoint  a  porter  for 
Us  ofiice  at  an  annual  salary  of  seven  hundred  and  twenty 
dollars,  payable  in  the  same  manner  and  at  the  same  time 
as  the  salaries  of  state  officers.  En.  March  12,  1872.  Am'd. 
1877-8,  4;    1880,   87;    1905,  785. 

The  act  amending  §§  439,  440  and  441  had  also  the  following  provi- 
sion: Sec.  4.  All  laws  and  parts  of  laws  and  all  sections  of  either  of 
the   codes   in   conflict   herewith   are   hereby   expressly   repealed. 

§  442.  Official  bond-  The  controller  must  execute  an 
official  bond  in  the  sum  of  fifty  thousand  dollars.  En. 
March  12,  1872. 

Official  bonds:   See  post,  sees.  947  et  seq. 

§  443.  Controller  to  estimate;  and  certify  school  tax  of 
year.  The  state  controller  must,  between  the  tenth  day 
of  August  and  the  first  day  of  September  of  each  year, 
estimate  the  amount  necessary  to  raise  the  sum  of  seven 
dollars  for  each  census  child,  between  the  ages  of  five  and 
seventeen  years,  in  this  state,  which  shall  be  the  amount 
necessary  to  be  raised  by  ad  valorem  tax  for  school  pur- 


91  EXECUTIVE    OFFICERS.  §§  444,  452 

poses,  during  the  year,  which  amount  the  controller  must 
immediately  certify  to  the  state  board  of  equalization. 
En.  Stats.  1873-4,  84. 

§  444.  Grammar  school  fund.  (Repealed.)  En.  Stats. 
1887,  124.  Eep.  1891,  150.  The  fund  known  as  the  gram- 
mar school  course  fund,  provided  for  by  the  statutes  of 
1S87  (Stats.  1887,  p.  124)  was  also  abolished  by  act  ap- 
proved March  20,  1891,  as  follows: 

Cal.  Rep.  Cit.     106,  133. 

The  fund  known  as  the  grammar  school  course  fund  is 
hereby  abolished.  Upon  the  passage  of  this  act,  the  con- 
troller of  state  is  hereby  authorized  and  directed  to  credit 
to  the  state  school  fund  any  and  all  money  that  may 
stand  to  the  grammar  school  course  fund.  All  outstand- 
ing claims  against  the  grammar  school  course  fund  shall 
be  paid  out  of  the  school  fund. 

ARTIOLE  VII. 

TREASURER. 

§  452.  General    duties. 

§  453.  Limitations   upon   receipt   and   payment  of   money. 

§  454.  General    fund. 

§  455.  Salary    of    treasurer. 

§  456.  Salary   of   -deputy    and    bookkeeper. 

§  457.  Watchmen,    appointment  and   salary. 

§  458.  Watchmen,    powers   and   duties. 

§  459.  Official    bond    of    treasurer. 

§  460.  Porter,    appointment   and   salary. 

§  452.    General  duties.    It  is  the  duty  of  the  treasurer: 

1.  To  receive  and  keep  in  the  vaults  of  the  state  treas- 
ury all  moneys  belonging  to  the  state,  not  required  to  be 
received  and  kept  by  some  other  person; 

2.  To  file  and  keep  the  certificates  of  the  controller  de- 
livered to  him  when  moneys  are  paid  into  the  treasury; 

3.  To  deliver  to  each  person  paying  money  into  the 
treasury  a  receipt  showing  the  amount,  the  sources  from 
which  the  money  accrued,  and  the  funds  into  which  it  is 
paid,  which  receipts  must  be  numbered  in  order,  begin- 
ning with  number  one  at  the  commencement  of  each  fiscal 
year; 

4.  To  pay  warrants  drawn  by  the  controller  out  of  the 
funds  upon  and  in  thj  order  in  which  they  are  drawn; 

5.  Upon  payment  of  any  warrant,  to  take  upon  the  back 
thereof  the  receipt  of  the  person  to  whom  it  is  paid,  and 
file  and  preserve  the  same; 


§§  453-455  EXECUTIVE   OFFICERS.  92 

6.  To  keep  an  account  of  all  moneys  received  and  dis- 
bursed; 

7.  To   keep    separate   accounts    of    the    different   funds; 

8.  To  report  to  the  controller,  on  the  last  day  of  each 
month,  the  amount  disbursed  for  redemption  of  bonds  and 
in  payment  of  warrants  during  the  month;  which  report 
must  show  the  date  and  number  of  such  bonds  and  war- 
rants, the  funds  out  of  which  they  were  paid,  and  the 
balance  of  cash  on  hand  in  the  treasury  to  the  credit  of 
each  fund; 

9.  At  the  request  of  either  house  of  the  legislature,  or 
of  any  committee  thereof,  to  give  information  in  writing 
as  to  the  condition  of  the  treasury,  or  upon  any  subject 
relating  to  the  duties  of  his  office; 

10.  To  report  to  the  governor  at  the  time  prescribed 
in  section  332  of  this  code,  the  exact  balance  in  the 
treasury  to  the  credit  of  the  state,  with  a  summary  of  the 
receipts  and  payments  of  the  treasury  during  the  two  pre- 
ceding fiscal  years; 

11.  To  authenticate  with  his  official  seal  all  writings  and 
papers  issued  from  his  office; 

12.  To  discharge  the  duties  of  state  capitol  commis- 
sioner, and  such  other  duties  as  may  be  imposed  upon  him 
by  law.     En.  March  12,  1872. 

Supervision,  counting  money,  etc.,  by  board  of  examin- 
ers:  Post,  sees.  675-678. 

Acts  authorizing  transfer  of  funds:  See  post,  Appendix, 
title  Treasurers. 

§  453.     Limitations  upon  receipt  and  payment  of  money. 

He  must  receive  no  money  into  the  treasury  unless  accom- 
panied by  the  certificate  of  the  controller  provided  for  in 
sections  433  and  434  of  this  code,  and  must  pay  none  out 
upon  warrants  .ssued  for  indebtedness  accruing  prior  to 
January  first,  eighteen  hundred  and  fifty-seven.  En. 
March   12,  1872. 

Refunding  money  paid  into  state  treasury,  special  legis- 
lation for,  prohibited:  Const.  Cal.  1879,  art.  IV,  sec.  25, 
subd.  15. 

§  454.  General  fu  d.  The  general  fund  consists  of 
moneys  received  into  the  treasury  and  not  specially  ap- 
propriated to  any  other  fund.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     57,  548;  57,  549;  106,  118. 

§  455.  Salary  of  t  asurer.  The  annual  salary  of  the 
state  treasurer,  to  include  all  services  rendered  ex-offlcio 


93  EXECUTIVE    OFFICERS.  §§  456-47.3 

as  member  of  any  board  or  commission  as  now  required, 
or  which  may  be  hereafter  by  law  devolved  upon  him,  is 
three  thousand  dollars.  En.  March  12,  1872.  Am'd.  1877-8, 
4;  1880,  87. 

Salary  of  treasurer:  Amendment  1880  conforms  to  Const. 
Cal.  1879,  art.  V,  sec.  19. 

§  456.  Salary  of  deputy  and  bookkeeper.  The  annual 
salary  of  the  deputy  state  treasurer  is  two  thousand  seven 
hundred  dollars;  the  annual  salary  of  the  bookkeeper  to 
the  treasurer  of  the  state  is  two  thousand  four  hundred 
dollars.  Said  salaries  shall  be  payable  in  the  same  man- 
ner as  salaries  of  other  state  officers.  En.  March  12,  1872. 
Am'd.  1877-8,  4;    1880,  87;   1889,  229;   1905,  784. 

§  457.  Watchmen,  appointment  and  salary.  The  treas- 
urer may  employ  four  watchmen  at  an  annual  salary  each 
of  twelve  hundred  dollars.  En.  March  12,  1872.  Am'd. 
1903,  410. 

§  458.  Watchmen,  powers  and  duties.  The  watchmen 
must  be  alternately  on  duty  at  all  hours  of  the  day  and 
night,  and  have  the  same  power  to  make  arrests  as  is  by 
the  Penal  Code  conferred  upon  peace  officers.  'En.  March 
12,  1872. 

Arrest  by  peace  officer:  Pen.  Code,  sec.  836.  Generally: 
Pen.  Code,  sees.  834-8-51. 

\  459.  Official  bond  of  treasurer.  The  treasurer  must 
execute  an  official  bond  in  the  sum  of  one  hundred  thou- 
sand  dollars.     En.  March  12,  1872. 

Official  bonds,  post,  sees.  947  et  seq. 

§  460.  Porter,  appointment  ana  salary.  The  treasurer 
may  employ  a  porter  at  an  annual  salary  of  seven  hundred 
and  twenty  dollars.     En.  Stats.  1903,  398. 

ARTICLE  VIII. 

ATTORNEY-GENERAL. 

§  470.  General    duties. 

I  471.  Salary. 

§  472.  Assistant    and    deputies,    appointment   and   salaries. 

§  in.  Official   bond. 

§  474'.  Escheated    property. 

§  475.  Clerks   and   reporter,    appointment   and    salaries. 

§  470.  General  duties.  It  is  the  duty  of  the  attorney- 
general  : 


5  470  EXECUTIVE    OFFICERS.  94 

1.  To  attend  the  supreme  court  and  prosecute  or  defend 
all  causes  to  which  the  state,  or  any  officer  thereof,  in  his 
official  capacity  is  a  party;  and  all  causes  to  which  any 
county  may  be  a  party,  unless  the  interest  of  the  county 
is  adverse  to  the  state,  or  some  officer  thereof  acting  in 
his  official  capacity; 

2.  After  judgment  in  any  of  the  causes  referred  to  in  the 
preceding  section,  to  direct  the  issuing  of  such  process  as 
may  be  necessary  to  carry  the  same  into  execution; 

3.  To  account  for  and  pay  over  to  the  proper  officer  all 
moneys  which  may  come  into  his  possession  belonging  to 
the  state  or  to  any  county; 

4.  To  keep  a  docket  of  all  causes  in  which  he  is  required 
to  appear,  which  must  during  business  hours  be  open  to 
the  inspection  of  the  public,  and  must  show  the  county, 
district,  and  court  in  which  the  causes  have  been  instituted 
and  tried,  and  whethe  they  are  civil  or  criminal;  if  civil, 
the  nature  of  the  demand,  the  stage  of  the  proceedings, 
and  when  prosecuted  to  judgment,  memorandum  of  the 
judgment;  of  any  process  issued  thereon,  and  whether 
satisfied  or  not;  if  not,  satisfied,  the  return  of  the  sheriff; 
and  if  criminal,  the  nature  of  the  crime,  the  mode  of  prose- 
cution, the-  stage  of  the  proceedings,  and  when  prosecuted 
to  sentence,  a  memorandum  of  the  sentence  and  of  the 
execution  thereof,  if  the  same  has  been  executed,  and  if 
not  executed,  of  the  reasons  of  tht  delay  or  prevention; 

5.  To  exercise  supervisory  powers  over  district  attorneys 
in  all  matters  pertaining  to  the  duties  of  their  offices,  and 
from  time  to  time  require  of  them  reports  as  to  the  con- 
dition of  public  business  intrusted  to  their  charge; 

6.  To  give  his  opinion  in  writing,  without  fee,  to  the 
legislature  or  either  house  thereof,  and  to  the  governor,  the 
secretary  of  state,  controller,  treasurer,  surveyor-general, 
superintendent  of  public  instruction,  the  trustees  or  com- 
missioners of  state  institutions,  and  any  district  attorney 
when  required,  upon  any  question  of  law  relating  to  their 
respective  offices; 

7.  When  required  by  the  public  service,  or  directed  by 
tue  governor,  to  repair  to  any  county  in  the  state  and  assist 
the  district  attorney  thereof  in  the  discharge  of  his  duties; 

8.  To  bid  upon  and  purchase  in  the  name  of  the  state  and 
under  th^  direction  of  the.  board  of  examiners,  any  property 
offered  for  sale  under  execution  issued  upon  jud.gments  in 
favor  of  or  for  the  use  of  the  state,  and  to  enter  satisfac- 
tion in  whole  or  in  part,  of  such  judgments  as  the  con- 
sideration for  such  purchases; 


95  EXECUTIVE    OFFICERS.  §§  471,  472 

9.  Whenever  the  property  of  a  judgment  debtor  in  any 
judgment  mentioned  in  the  preceding  subdivision  has  been 
sold  under  a  prior  judgment,  or  is  subject  to  any  judgment, 
lien,  or  incumbrance  taking  precedence  of  the  judgment  in 
favor  of  the  state,  under  the  direction  of  the  board  of 
examiners,  to  redeem  such  property  from  such  prior  judg- 
ment, lien,  or  incumbrance;  and  all  sums  of  money  neces- 
sary for  such  redemption  must,  upon  the  order  of  the 
board  of  examiners,  be  paid  oiit  of  any  money  appropri- 
ated for  such  purpose; 

10.  When  in  his  opinion  it  may  be  necessary  for  the 
collection  or  enforcement  of  any  judgment  hereinbefore 
mentioned,  to  institute  and  prosecute,  in  behalf  of  the 
state,  such  suits  or  other  proceedings  as  he  may  find  nec- 
essary to  set  aside  and  annul  all  conveyances  fraudulently 
made  by  such  judgment  debtors,  the  cost  necessary  to  the 
prosecution  must,  when  allowed  by  the  board  of  examiners, 
be  paid  out  of  any  appropriations  for  the  prosecution  of 
delinquents ; 

11.  To  discharge  the  duties  of  a  member  of  the  board  of 
e  :aminers,  of  the  board  of  military  auditors,  and  other 
duties   prescribed  by  law; 

12.  To  report  to  the  governor,  at  the  time  required  by 
section  three  hundred  and  thirty-two  of  this  code,  the  con- 
dition of  the  affairs  of  his  department,  and  to  accompany 
the  same  with  a  copy  of  his  docket,  and  of  the  reports 
received  by  him  from  district  attorneys.  En.  March  12, 
1872.     Am'd.  1901,  45. 

Cal.  Rep.  Cit.  61,  254;  105,  596;  105,  597;  106,  133. 
Subd.  7—103,  502. 

Land  titles,  to  attend  contests  to  quiet:  Post,  sec.  3413. 

Attorney-general,  impeachment,  subject  to:  Const.  Cal., 
art.  IV,  sec.  18.  Mode  and  time  of  election,  and  term  of 
office:   Const.  Cal.,  art.  V,  sec.  17;  ante,  sec.  348. 

Acts  authorizing  attorney-general  to  dismiss  and  com- 
promise certain  suits:  See  post.  Appendix,  title  Attorney- 
General. 

§  471.  Salary.  The  annual  salary  of  the  attorney-gen- 
eral, to  include  all  services  rendered  ex-officio  as  member 
of  any  board  or  commission  as  now  required,  or  which  may 
be  hereafter  devolved  upon  him  by  law,  is  three  thousand 
dollars.     En.  March  12,  1872.     Am'd.  1877-8,  4;   1880,  87. 

Section  conforms  to  Const.  Cal.  1879,  art.  V,  sec.  19. 

§  472.     Assistant  and  deputies,  appointment  and  salaries. 

The  attorney-general  may  appoint  one  assistant,  who  shall 


§  472  EXECUTIVE   OFFICERS.  96 

b-  a  member  of  tbe  state  board  of  examiners,  when  the 
attorney-general  is  absent  from  tlie  capitol,  and  three 
deputies,  who  shall  be  civil  executive  officers.  The  annual 
salary  of  the  assistant  shall  be  twenty-seven  hundred  dol- 
lars; the  annual  salary  of  the  first  deputy  shall  be  twenty- 
four  hundred  dollars;  the  annual  salary  of  the  second 
deputy  shall  be  twenty-four  hundred  dollars;  the  annual 
salary  of  the  third  deputy  shall  be  twenty-four  hundred 
dollars.  Said  salaries  shall  be  payable  in  the  same  man- 
ner as  salaries  of  other  state  officers. 

Subdivision  1.  The  attorney-general  shall  not  employ 
special  counsel  in  any  case  except  those  provided  in  sec- 
tion four  hundred  and  seventy-four  of  the  Political  Code. 

Subd.  2.  The  attorney-general  shall  have  charge,  as 
attorney,  of  all  legal  matters  in  which  the  state  is  in  any- 
wise interested,  except  the  business  of  the  regents  of  the 
university  of  California  and  of  the  state  harbor  commis- 
sioners, and  no  board,  officer  or  officers,  or  employee  of 
the  state,  except  said  regents  and  said  harbor  commis- 
sioners, shall  employ  any  attorney  other  than  the  attor- 
ney-general, or  one  of  his  assistants  or  deputies,  in  any 
matter  in  which  the  state  is  interested;  nor  shall  any 
money  be  drawn  out  of  the  treasury,  or  out  of  any  moneys 
appropriated  out  of  the  treasury,  or  out  of  any  special  or 
contingent  fund  under  the  control  of  any  board,  officer  or 
officers,  or  employee,  for  the  pay  of  any  legal  services 
rendered  after  the  passage  of  this  act,  the  provisions  of 
any  existing  statute  to  the  contrary  notwithstanding;  pro- 
vided, that  \'henever  a  district  attorney  in  any  county  of 
this  state  shall,  for  any  reason,  become  disqualified  from 
conducting  any  criminal  prosecution  within  such  county, 
the  attorney-general  may  employ  special  counsel  to  con- 
duct such  prosecution,  and  the  attorney's  fee  in  such  case 
shall  be  a  legal  charge  against  the  state. 

Subd.  3.  All  acts  in  conflict  with  this  act  are  hereby 
repealed. 

Provided  further,  that  nothing  herein  contained  shall 
be  construed  to  prevent  or  deny  the  right  of  any  board, 
officer  or  officers,  or  employee  of  the  state  to  employ  or 
engage  counsel  in  any  matter  of  the  state,  after  first  hav- 
ing obtained  the  written  consent  so  to  do  of  the  attorney- 
general.  En.  March  12,  1872.  Am'd.  1877-8,  4;  1880,  87; 
1891,  135;   1895,  66. 

Cal.  Rep.  Cit.     135,  413;   135,  414. 


97  EXECUTIVE    OFFICERS.  §§  473-475 

§  473.  Official  bond.  The  attorney-general  must  exe- 
cute an  official  bond  in  the  sum  of  ten  thousand  dollars. 
En.  March  12,  1872. 

OflEicial  bonds:   Post,  sees.  947  et  seq. 

§  474.  Escheated  property.  It  shall  be  the  duty  of  the 
attorney-general  to  institute  investigation  for  the  discov- 
ery of  all  real  and  personal  property  which  may  have  or 
should  escheat  to  the  state,  and  for  that  purpose  shall  have 
full  power  and  authority  to  cite  any  and  all  persons  before 
any  of  the  superior  courts  of  this  state  to  answer  investi- 
gations and  render  accounts  concerning  said  property,  real 
or  personal,  and  to  examine  all  books  and  papers  of  any 
and  all  corporations.  When  any  real  or  personal  property 
shall  be  discovered,  which  should  escheat  to  the  state,  the 
attorney-general  must  institute  suit  in  the  superior  court 
of  the  county  where  said  property  shall  be  situated,  for 
recovery,  to  escheat  the  same  to  the  state.  The  proceed- 
ings in  all  such  actions  shall  be  those  provided  for  in  title 
eight,  part  three,  Code  of  Civil  Procedure.  The  attorney- 
general  may,  for  the  purposes  and  objects  of  this  section, 
employ  counsel  to  act  in  his  place  and  stead  for  the  dis- 
covery and  recovery  of  both  personal  and  real  property, 
and  in  such  proceedings,  both  in  investigation  for  discovery 
'or  proceedings  for  recovery,  such  counsel  so  employed 
shall  have  the  power  and  authority  of  the  attorney-gen- 
eral. The  compensation  for  services  of  such  counsel  shall 
be  determined  by  the  board  of  examiners,  and  paid  out  of 
the  sums  so  found  to  be  escheated  and  recovered  to  the 
state,  and  not  otherwise;  provided,  that  the  state  of  Cali- 
fornia shall  in  no  case  be  responsible  for  any  charges  for 
attorney  fees  for  suits  prosecuted  under  this  act,  but  the 
attorney-general  is  hereby  authorized  to  pay  to  the  person 
or  persons  discovering  the  same  the  costs  and  charges  of 
prosecuting  any  suits  or  suits  under  this  act,  a  sum  not  in 
any  case  exceeding  ten  per  cent  of  the  sums  actually  re- 
ceived as  provided  in  this  act.  En.  Stats.  1875-6,  15. 
Am'd.  1880,  18. 

Cal.  Rep.  Cit.  72,  21;   72,  22;  72,  24;  72,  26;  72,  28;   143, 

198;   143,  201;   143.  202;   143,  205. 
Escheated  estates:   See  ante,  sec.  41. 

§  475.     Clerks    and    reporter,    appointment    and    salaries. 

The   attorney-general   may   appoint   three   clerks   and  one 
phonographic  reporter  for   his   office.     The   annual   salary 

Pol.    Code— 7  4 


§  4S3  EXECUTIVE    OFFICERS.  »8 

of  each  of  such  clerks  shall  be  sixteen  hundred  dollars,  'and 
the  annual  salary  of  the  phonographic  reporter  shall  be 
eighteen  hundred  dollars.  Said  salaries  shall  be  paid  at 
the  same  times,  and  in  the  same  manner,  as  the  salaries 
of  other  state  officers  are  paid.  Said  clerks  and  said 
phonographic  reporter  shall  be  civil  executive  officers. 
En.  Stats.  1889,  219.     Am'd.  1891,  181;   1895,  65;   1903,  107. 

Cal.  Rep.  Cit.     106,  133. 


ARTICLE  IX. 

SURVEYOR-GENERAL,. 

§  483.  General   duties. 

§  4S4.  Salary. 

§  485.  Appointments    of    surveyor-general;    salaries. 

§  4S6.  Salary  of  clerk. 

§  487.  Official  bond. 

§  483.  General  duties.  It  is  the  duty  of  the  surveyor- 
general  : 

1.  To  discharge  the  duties  relating  to  the  public  lands 
imposed  upon  him  by  title  VIII,  of  part  III,  of  this  code; 

2.  When  required  to  survey  and  mark  the  boundary  lines 
of  counties,  cities,  villages,  and  towns; 

3.  To  report  to  the  governor  at  the  time  prescribed  In 
section  332  of  this  code:  1.  A  statement  of  the  progress 
made  in  the  execution  of  the  surveys  enjoined  on  him  by 
law;  2.  An  estimate  of  the  aggregate  quantity  of  land 
belonging  to  the  state,  and  the  best  information  he  may 
be  able  to  obtain  as  to  the  characteristics  of  the  same; 
3.  An  estimate  of  the  aggregate  quantity  of  all  land  used 
for  or  adapted  to  tillage  and  grazing  within  each  county  of 
the  state;  4.  An  estimate  of  the  number  of  horses,  cattle, 
sheep,  and  swine  within  each  county  of  the  state;  5.  An 
estimate  of  the  quantity  of  wheat,  rye,  corn,  potatoes, 
grapes,  and  other  agricultural  and  horticultural  produc- 
tions of  the  two  preceding  years,  together  with  his  views 
as  to  the  presence,  cause,  and  remedy  of  any  diseases  or 
other  malady  preventing  full  and  perfect  productions;  6. 
An  estimate  of  the  quantity  of  all  mineral  lands  within 
each  county  of  the  state,  and  the  quantity  and  value  of 
each  mineral  produced  during  the  two  preceding  years, 
together  with  a  description  of  the  localities  in  which  such 
minerals  may  be  found;   7.  All  facts  in  his  opinion  calcu- 


99  EXECUTIVE   OFFICERS.  §§  484-4S6 

lated  to  promote  the  development  of  the  resources  of  the 
state; 

4.  To  require  county  surveyors  and  assessors  to  collect 
and  transmit  to  him,  at  such  times  as  he  may  direct,  in- 
formation relative  to  the  subject-matter  of  his  biennial 
reports  ; 

5.  To  authenticate  with  his  official  seal  all  writings  and 
papers  issued  from  his  office; 

6.  To  perform  such  other  duties  as  may  be  required  of 
him  by  law.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     110,  250. 

Surveyor-general,  legislature  may  abolish  office:  Const. 
Cal.,  art.  V,  sec.  19.  Impeachable:  Const.  Cal.,  art.  IV, 
sec.  18.     Election:  See  ante,  sec.  348. 

Subd.  1.     Public  lands:    Sees.  3395-3574. 

Subd.  2.  Survey  of  boundary  line  between  Siskiyou 
and  Lassen  counties:   See  Stats.  1872,  p.  886. 

§  484.  Salary.  The  annual  salary  of  the  surveyor-gen- 
eral, for  all  services  rendered  in  any  capacity  whatso- 
ever, is  three  thousand  dollars.  En.  March  12,  1872.  Am'd. 
1877-8,  5;   1880.  87. 

Section  conforms  to  Const.  Cal.  1879,  art.  V,  sec.  19. 

§  485.  Appointments  of  surveyor-general;  salaries.  The 
surveyor-general  may  appoint  a  deputy  surveyor-general, 
who  shall  be  ex-officio  deputy  of  the  register  of  the  state 
land  office,  and  one  assistant  surveyor-general,  who  shall  be 
ex-officio  assistant  register  of  the  state  land  office,  and 
one  clerk,  all  of  whom  shall  be  civil  executive  officers. 
The  annual  salary  of  the  deputy  surveyor.general,  includ- 
ing his  services  as  ex-officio  deputy  of  the  register  of  the 
state  land  office,  is  two  thousand  seven  hundred  dollars. 
The  annual  salary  of  the  assistant  surveyor-general,  in- 
cluding his  services  as  ex-officio  register  of  the  state  land 
office,  is  two  thousand  dollars.  The  annual  salary  of  the 
clerk  to  the  sui'veyor-general  is  one  thousand  six  hundred 
dollars.  Said  salaries  shall  be  payable  in  the  same  man- 
ner as  salaries  of  other  state  officers.  En.  March  12,  1872. 
Am'd.  1877-8,  5;   1903,  415;   1905,  784. 

§  486.  Salary  of  clerk.  The  annual  salary  of  each  clerk 
in  the  office  of  the  surveyor-general  is  sixteen  hundred 
dollars.     En.    March   12,   1872.     Am'd.   1877-8,    5;    1880,   87. 


§§  4S7-501  EXECUTIVE    OFFICERS.  10« 

§  487.  Official  bond.  The  surveyor-general  must  exe- 
cute an  ofiicial  bond  in  the  sum  of  ten  thousand  dollars. 
En.  March  12,  1872. 

Official  bond:  Post,  sees.  947  et  seq. 


ARTICLE  X. 

REGISTER   OF  THE   STATE   LAND    OFFICE. 

§  437.  Register  and  deputy. 

§  498.  Duties    of    register. 

§  499.  Salary.     (Repealed.) 

§  500.  Salary    of    clerks. 

§  nOl.  Fees   of   register. 

§  502.  Official   bond. 

§  497.     Register    and    deputy.     The    surveyor-general    is 

ex-offlcio  register,  and  the  deputy  surveyor-general  is  ex- 
officio  deputy  register  of  the  state  land  office.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     77,  101. 
Register:   See  next  section. 

§  498.  Duties  of  register.  The  duties  of  [the]  register 
are  prescribed  in  title  VIII,  part  III,  of  this  code.  En. 
March  12,  1872. 

Duties  of  register:   See  post,  sees.  3395-3574. 

§  499.  Salary.  (Repealed.)  En.  March  12,  1872.  Am'd. 
1877-8,   5.     Rep.  1880,  2;    1880,  88. 

§  500.  Salary  of  clerks.  The  annual  salary  of  each 
clerk  in  the  register's  office  is  sixteen  hundred  dollars. 
En.  March  12,  1872.     Am'd.  1877-8,  5;   1880,  87. 

§  501.  Fees  of  register.  The  register  must  charge  and 
collect  fees  as  follows:  For  each  certificate  of  purchase 
duplicate,  or  patent,  three  dollars;  for  certifying  a  con- 
tested case  to  district  court,  three  dollars;  for  copies  of 
papers  in  his  office,  ten  cents  per  folio,  and  fifty  cents  for 
the  certificate  with  the  seal  attached;  and  such  other  fees 
as  may  be  allowed  by  law.  All  fees  received  by  the 
register  must  be  disposed  of  as  provided  in  title  VIII,  of 
part  III,  of  this  code.     En.  March  21,  1872. 

Cal.  Rep.  Cit.     133,  541. 

Disposition  of  fees:   See  post,  sec.  3574. 


iOl  EXECUTIVE     OFFICERS.  §§  502-516 

§  502.  Official  bond.  The  register  must  execute  an 
official  bond  in  the  sum  of  ten  thousand  dollars.  En. 
March  12,  1872. 

Official  bonds:  Generally,  see  sees.  947-986. 

ARTICLE  XI. 

OF    THE    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 

§  512.  Duties. 

§  .iKi.  Salary. 

§  514.  Salary   of   deputy. 

§  .jl").  Aiipointees  and  salaries. 

ij  516.  Traveling-   expenses. 

§  517.  Official  bond. 

§  512.  Duties.  The  duties  of  the  superintendent  of  pub- 
lic instruction  are  prescribed  in  title  III,  of  part  III,  of  this 
code.     En.  March  12,  1872. 

Duties:   See  post,  sec.  1532. 

§  513.  Salary.  The  annual  salary  of  the  superintendent 
of  public  instruction  is  three  thousand  dollars.  En.  March 
12,  1872;  1877-8,  5. 

§  514.  Salary  of  deputy.  The  annual  salary  of  the  dep- 
uty for  the  superintendent  of  public  instruction  is  the 
same  as  the  salary  paid  to  deputies  for  other  state  officers, 
namely,  two  thousand  four  hundred  dollars.  En.  March 
12,   1872.     Am'd.   1887,  14. 

§  515.  Appointees  and  salaries.  The  superintendent  of 
public  instruction  may  appoint  a  statistician,  a  clerk  and 
stenographer,  and  a  text-book  clerk,  all  of  whom  shall  be 
civil  executive  officers.  The  annual  salary  of  the  statis- 
tician shall  be  two  thousand  dollars.  The  annual  salary 
of  the  clerk  and  stenographer  shall  be  sixteen  hundred 
dollars.  The  annual  salary  of  the  text-book  clerk  shall 
be  sixteen  hundred  dollars.  Said  salaries  shall  be  payable 
in  the  same  manner  as  salaries  of  other  state  officers  are 
paid.  En.  March  12,  1872.  Rep.  1877-8,  5.  En.  1880,  87. 
Am'd.  1905,  192. 

Act  providing  for  clerk  for  superintendent,  of  public  in- 
struction:   See  act-  of  March  27,  1895;    Stats.  1895,  p.  238. 

§  516.  Traveling  expenses.  The  actual  traveling  ex- 
penses of  the  superintendent,  not  exceeding  ten  hundred 
dollars  annually,  must  be  audited  by  the  board  of  examin- 
ers, and  paid  out  of  the  general  fund  in  the  state  treasury. 
En.  Marcn  12,  1872.     Am'd.  1880,  87. 

Board  of  examiners:  Post,  sees.  654  et  seq. 


§§  517,  526  EXECUTIVE    OFFICERS.  102 

§  517.  Official  bond.  The  superintendent  must  execute 
an  official  bond  in  the  sum  of  ten  thousand  dollars.  En. 
March  12,  1872. 

Bonds,   generally:    Post,   sees.    947-986. 

ARTICLE  XII. 

SUPERINTENDENT   OF   STATE    PRINTING. 

§  526.  General    duties. 

§  527.  Number  of  documents   to   be   printed. 

§  528.  Laws  and  journals  to  be  printed. 

§  529.  Manner  of  printing. 

§  530.  Election   and   bond. 

§  531.  Furtlier  duties. 

§  532.  Paper. 

§  533.  Folding,    stitching   and   binding. 

§  534.  Salary. 

§  535.  Maintenance   of   machinery. 

§  536.  Contingent  expenses,   fund  for. 

§  537.  Warrants   for  wages. 

§  538.  Maps,    engravings,    etc. 

§  539.  Printing   bills. 

§  540.  State    printing    fund. 

§  526.  General  duties.  It  is  the  duty  of  the  superin- 
tendent of  state  printing: 

1.  To  print  the  laws;  the  journals  of  the  legislature; 
reports  of  state  officers;  public  documents  ordered  to  be 
printed  by  the  legislature;  blanks  for  the  supreme  court, 
the  officers  of  governor,  secretary  of  state,  controller,  treas- 
urer of  state,  superintendent  of  public  instruction,  attor- 
ney-general, surveyor-general,  and  register  of  the  land 
office;  the  bills,  resolutions,  and  other  job  printing  which 
may  be  ordered  by  either  of  the  two  houses  of  the  legis- 
lature, and  all  other  public  printing  for  the  state,  unless 
otherwise  expressly  ordered  by  law. 

2.  To  publish,  prefixed  to  each  volume  of  the  laws,  the 
names  and  place  of  residence  of  the  governor,  and  other 
executive  officers  of  the  state,  lieutenant.governor,  sena- 
tors, and  representatives  in  the  legislature,  the  presiding 
officers  of  the  senate  and  assembly,  and  of  commissioners 
of  the  state  of  California  residing  out  of  the  state,  and  in 
office  at  the  time  of  such  publication. 

3.  To  perform  the  duties  required  by  the  provisions  of 
article  XII,  chapter  II,  title  I,  part  III,  of  this  code,  and 
such  other  duties  as  are  imposed  upon  him  by  law: 

4.  He  shall  keep  in  his  office,  open  to  public  inspection, 
a  time  book,  containing  the  name  of  every  employee  con- 
nected with  the  State  printing  office,  the  time  employed, 
the  rate  of  wages,  and  amount  paid;  and  he  shall  certify. 


103  EXECUTIVE   OFFICERS.  §  525 

under  oath,  to  the  correctness  of  all  claims  for  services 
rendered  and  materials  furnished,  which  certificate  shall 
be  attached  to  and  presented  with  each  claim  that  shall 
be  presented  to  the  board  of  examiners  for  allowance,  and 
no  such  claim  shall  be  certified  or  allowed  unless  it  be 
fully  itemized. 

5.  He  shall  file  in  the  office  of  the  secretary  of  state, 
all  proposals,  bids,  contracts,  bonds,  and  other  papers  ap- 
pertaining to  the  awarding  of  contracts  now  in  his  posses- 
sion, or  which  may  hereafter  come  into  his  possession, 
retaining  in  his  office  copies  of  the  same;  and  the  secre- 
tary of  state  shall  promptly  furnish  the  .board  of  examin- 
ers, for  their  use,  certified  copies  of  all  such  papers. 

6.  All  printing  required  by  any  of  the  state  departments, 
boards,  or  any  state  officer,  for  the  state,  the  order  for  the 
same  shall  be  made  out  upon  a  printed  blank,  with  voucher 
attached,  to  be  furnished  by  the  superintendent  of  state 
printing,  and  forwarded  to  the  office  of  said  superintendent, 
who  shall  enter  upon  a  book  kept  in  his  office  for  that 
purpose,  a  transcript  of  said  orders;  and  shall  return 
with  the  work,  when  completed,  to  the  person  ordering 
the  same,  the  original  order  with  duplicate  voucher  at- 
tached; said  voucher  to  be  signed  by  the  person  receiv- 
ing the  work,  and  returned  to  the  superintendent  of  state 
printing,  and  both  original  and  duplicate  orders  shall  be 
kept  on  file  in  his  office,  and  shall  be  a  sufficient  voucher 
for  said  work.  The  superintendent  of  state  printing  shall 
enter  upon  a  book  to  be  kept  for  said  purpose,  the  name, 
quantity  and  weight  of  paper  used  for  each  order  printed. 
He  shall  also  certify,  under  oath,  that  all  materials,  stock, 
and  paper  furnished  the  office  under  contracts  are  of  the 
quality,  kind,  and  weight  required  by  such  contracts;  and 
no  claim  arising  under  any  contract  shall  be  allowed  or 
paid  unless  accompanied  by  such  certificate.  He  shall 
also  retain  and  file  in  his  office  one  copy  or  sample  of 
each  blank,  circular,  pamphlet,  book,  legislative  bill,  file, 
or  report,  or  any  other  work  emanating  from  the  state 
printing  office,  excepting  blank  books,  of  which  he  shall 
file  only  sample  sheets.  Said  copies  or  samples  shall  bear 
a  uniform  number  and  date  with  the  voucher. 

7.  No  printing  for  the  senate,  or  any  committee  of  the 
same,  shall  be  executed  except  under  an  official  order  of  the 
secretary,  and  no  order  for  any  printing  shall  be  made  by 
that  officer  unless  the  same  is  ordered  by  a  majority  vote 
of  the  senate.  All  printing  done  for  the  senate  shall  be 
delivered  to  the  sergeant-at-arms  of  that  body,  whose  duty 


§§  527,  528  EXECUTIVE    OFFICERS.  104 

it  shall  be  to  distribute  one-third  of  the  copies  of  any 
document  printed  to  the  members  of  the  senate,  and  two 
thirds  to  the  sergeant-at-arms  of  the  assembly,  who  shall 
receipt  therefor,  for  distribution  to  the  members  thereof. 
There  shall  be  printed  two  hundred  and  forty  copies  of  all 
bills,  resolutions  and  reports  ordered  printed  by  the  sen- 
ate. 

8.  No  printing  for  the  assembly,  or  any  committee  of  the 
same,  shall  be  executed  except  upon  an  official  order  of 
the  chief  clerk,  and  no  order  for  any  printing  shall  be  made 
by  that  officer  unless  the  same  is  ordered  by  a  majority 
vote  of  the  assembly.  All  printing  done  for  the  assembly 
shall  be  delivered  to  the  sergeant-at-arms  of  that  body, 
whose  duty  it  shall  be  to  distribute  two-thirds  of  the 
copies  of  any  document  printed  to  the  members  of  the  as- 
sembly, and  one-third  to  the  sergeant-at-arms  of  the  senate, 
who  shall  receipt  therefor,  for  distribution  to  the  members 
thereof.  There  shall  be  printed  two  hundred  and  forty 
copies  of  all  bills,  resolutions,  and  reports  ordered  printed 
by  the  assembly. 

9.  The  receipts  of  the  respective  sergeant-at-arms  of 
the  senate  and  assembly  shall  be  a  sufficient  voucher  to 
the  superintendent  of  state  printing  for  all  work  done  for 
either  house.  En.  March  12,  1872.  Am'd.  1875-6,  16;  1877- 
8,  7. 

Duties:  Post,  sec.  531.  Subject  to  supervision  of  print- 
ing expert:   Post,  sec.  679. 

Public  reports,  printing  of:   Ante,  sees.  332-337. 

§  527.  Number  of  documents  to  be  printed.  Whenever 
any  message  or  document,  in  bock  form  is  ordered  printed 
by  either  house,  four  hundred  and  eighty  copies  thereof, 
in  addition  to  the  number  ordered,  must  be  struck  off  and 
retained  in  sheets,  and  bound  with  the  journals  of  the 
house  ordering  the  same,  as  an  appendix.  Of  bills  ordered 
printed,  when  the  number  is  not  fixed  in  the  order,  there 
must  be  printed  two  hundred  and  forty  copies.  En.  March 
12,  1872. 

§  528.  Laws  and  journals  to  be  printed.  There  must  be 
printed  of  the  laws  of  each  session  of  the  legislature, 
twenty-two  hundred  and  fifty  copies,  in  English,  to  be  de- 
posited with  the  secretary  of  state,  who,  after  retaining  a 
sufficient  numb3r  of  said  volumes  for  distribution,  in  ac- 
cordance with  the  provisions  of  section  four  hundred  and 
nine  of  the  Political  Code,  shall  deposit  one  hundred  and 


lOr.  EXECUTIVE   OFFICERS.  §  52S 

fifty  copies  with  the  state  librarian;  tlie  remaining  copies 
to  be  sold  at  a  price  not  to  exceed  three  dollars  per  bound 
volume;  the  moneys  thus  received  to  be  put  into  the  state 
treasury  at  the  end  of  each  month,  as  other  fees  are  paid 
by  the  said  secretary  of  state,  and  for  the  same  purposes. 
Whenever  any  bill,  joint  or  concurrent  resolution,  is  passed 
to  enrollment,  by  either  the  senate  or  assembly,  the  com- 
mittee on  enrollment  of  the  house,  in  which  the  bill,  joint 
or  concurrent  resolution  originated,  shall  transmit  the 
same,  without  delay,  to  the  superintendent  of  state  print- 
ing, who  shall  receipt  for  all  such  bills  and  resolutions, 
and  proceed  at  once  to  have  the  same  printed,  in  the  order 
in  which  received,  in  the  measure  prescribed  by  law  for  the 
statutes.  So  soon  as  printed,  one  copy  with  proper  blanks 
for  the  signatures  of  the  officers  whose  duty  it  is  to  sign 
enrolled  bills,  shall  be  printed  on  bond  paper,  which,  to- 
gether with  the  engrossed  bill,  shall  be  sent  to  the  commit- 
tee on  enrollment  of  the  house  in  which  the  bill  originated. 
Said  committee  shall  compare  such  copy  with  the  en- 
grossed bill,  and  if  it  is  found  to  be  correct  shall  present 
it  to  the  proper  officers  for  their  signatures.  When  such 
officials  shall  have  signed  their  names  thereon,  as  required 
by  law,  it  shall  be  an  enrolled  bill,  and  shall  be  trans- 
mitted to  the  governor  for  his  approval.  If  the  same  is 
signed  by  the  governor,  and  becomes  a  law,  the  printed 
law  shall  go  to  the  secretary  of  state  and  become  the  of- 
ficial record. 

2.  Whenever  a  law  is  signed  by  the  governor,  official 
notice  shall  be  forwarded,  in  writing,  to  the  superintendent 
of  state  printing  of  the  fact.  Upon  the  receipt  of  said 
official  notice,  the  superintendent  of  state  printing  shall 
cause  to  be  printed,  for  the  use  of  the  legislature,  two 
hundred  and  forty  copies  of  said  law,  joint  or  concurrent 
resolution,  to  be  distributed,  one-third  to  the  senate  and 
two-thirds  to  the  assembly,  the  sergeant-at-arms  of  the 
respective  houses  to  receipt  to  the  superintendent  of  state 
printing  for  the  same,  whose  receipt  shall  be  a  proper 
voucher  for  the  work.  He  shall  also  cause  to  be  printed 
the  requisite  number  of  sheets  to  make  ihe  number  of 
copies  of  the  statutes  required  by  law  to  be  printed,  the 
one  composition  of  type  to  answer  the  purpose  of  printing 
the  three  editions;  and  of  such  laws,  resolutions,  and 
memorials  as  may  be  designated  by  the  legislature,  two 
hundred  and  forty  copies  in  Spanish.  Of  the  journals 
and  appendices  of  the  senate  and  assembly  there  must  be 


§§  529,  530  ■  EXECUTIVE    OFFICERS.  106 

printed  four  hundred  and  eighty  copies,  in  one  volume  or 
more,  as  may  be  required  by  the  size  thereof.  The  super- 
intendent of  state  printing,  shall  have  the  laws,  journals 
of  senate  and  assembly,  and  the  appendices  thereto,  prop- 
erly indexed  and  bound,  the  laws  in  full  law  sheep  binding, 
and  journals  and  appendices  in  half  law  sheep  binding, 
marble  sides,  and  deliver  the  same  to  the  secretary  of  state 
for  distribution  as  soon  as  practical  after  the  final  ad- 
journment of  the  legislature,  and  the  receipt  of  the  secre- 
tary of  state  shall  be  his  voucher  therefor.  En.  March 
12,  1872.     Am'd.  1875-6,  17;  1877-8,  9. 

Cal.  Rep.  Cit.     117,  623. 

§  529.  Manner  of  printing.  Printing  must  be  done  as 
follows:  The  laws,  journals,  messages,  and  other  docu- 
ments in  book  form,  must  be  printed  solid,  with  long 
primer  type,  on  good  white  paper;  each  page,  except  of 
the  laws,  must  be  thirty-three  ems  wide  and  fifty-eight  ems 
long,  including  title,  blank  line  under  it,  and  foot  line; 
of  the  laws  the  same  length,  and  twenty-nine  ems  wide, 
exclusive  of  marginal  notes,  which  notes  must  be  printed 
in  nonpareil  type,  seven  ems  wide.  Figure  work,  and  rule 
and  figure  work,  in  messages,  reports,  and  other  docu- 
ments in  book  form,  must  be  on  pages  corresponding  in 
size  with  the  journals,  if  it  can  be  brought  in  by  using 
type  not  smaller  than  minion;  if  not,  it  must  be  executed 
in  a  form  to  fold  and  bind  with  the  volume.  Blanks  must 
be  printed  in  such  form,  and  on  such  paper,  and  with  such 
sized  type  as  the  officers  ordering  them  may  direct.  The 
laws  must  be  printed  without  chapter  headings,  and  with- 
out blank  lines,  with  the  exception  of  one  head  line,  one 
foot  line,  two  lines  between  the  last  section  of  an  act 
and  the  title  of  the  next  act.  When  there  is  not  space 
enough  between  the  last  section  of  an  act  to  print  the 
title  and  enacting  clause,  and  one  line  of  the  following 
act  upon  the  same  page,  such  title  may  be  printed  upon 
the  following  page.  The  journals  must  be  printed  with- 
out blank  lines,  with  the  exception  of  one  head  line,  one 
foot  line,  and  two  lines  between  the  journal  of  one  day 
and  that  of  the  following  day.  In  printing  the  words  ayes 
and  noes,  the  word  "ayes"  and  the  word  "noes"  must  be 
run  in  with  the  names.     En.  March  12,  1872.     Am'd.  1897,  1. 

§  530.  Election  and  bond.  The  superintendent  of  state 
printing  shall  be  elected  at  the  same  time  and  place  and 


107  EXECUTIVE   OFFICERS.  §  531 

in  the  same  manner  as  the  governor  of  the  state,  and  his 
term  of  office  and  qualifications  shall  also  be  the  same. 
He  shall  be  a  competent  practical  printer,  and  before  en- 
tering upon  the  discharge  of  the  duties  of  his  office  shall 
give  a  good  and  sufficient  bond  to  the  people  of  the  state 
of  California  in  the  sum  of  ten  thousand  dollars,  with  two 
or  more  sufficient  sureties,  to  be  approved  by  the  gov- 
ernor, for  the  faithful  performance  of  his  duties,  which 
bond  shall  be  filed  in  the  office  of  secretary  of  state.  En. 
March  12,  1872.     Am'd.  1875-6,  18;  1891,  59. 

§  531.  Further  duties.  The  duties  of  the  superintendent 
of  state  printing  shall  be  as  follows:  He  shall  have  the 
entire  charge  and  superintendence  of  the  state  printing 
and  binding.  He  shall  take  charge  of  and  be  responsible 
on  his  bond  for  all  manuscripts  and  other  matter  which 
may  be  placed  in  his  hands  to  be  printed,  bound,  en- 
graved, or  lithographed,  and  shall  cause  the  same  to  be 
promptly  executed.  He  shall  receive  from  the  senate 
or  assembly  all  matter  ordered  by  either  house  to  be 
printed  and  bound,  or  either  printed  or  bound,  and  shall 
keep  a  record  of  the  same,  and  of  the  order  in  which  it 
may  be  received;  and  when  the  work  shall  have  been 
executed,  he  shall  deliver  the  finished  sheets  or  volumes 
to  the  sergeant-at-arms  of  the  senate  or  assembly,  or  of 
any  department  authorized  to  receive  them,  whose  receipt 
therefor  shall  be  a  sufficient  voucher  to  the  said  superin- 
tendent of  state  printing  for  their  delivery.  He  shall  re- 
ceive and  promptly  execute  all  orders  for  printing  or 
binding,  required  to  be  done  for  the  various  state  officers; 
provided,  that  the  said  superintendent  of  state  printing 
shall  have  discretionary  authority  to  revise,  reduce,  or  de- 
cline to  execute  any  order,  or  part  of  any  order,  which 
in  his  judgment  is  unnecessary  or  unwarranted  by  law, 
and  which  will  tend  to  unnecessarily  consume  the  appro- 
priation for  support  of  the  state  pi'inting  office;  and  pro- 
vided further,  that  in  the  event  that  any  state  officer, 
board,  commission  or  state  institution  shall  consider  the 
decision  of  the  said  superintendent  of  state  printing  un- 
fair, he  may  refer  the  matter  to  the  state  board  of  examin- 
ers, which  board  shall  determine  the  matter.  He  shall  em- 
ploy such  compositors,  pressmen,  and  assistants  as  the 
exigency  of  the  work  from  time  to  time  requires,  and  may 
at  any  time  discharge  such  employees;  provided,  that  at 
no  time  shall  he  pay  said  compositors,  pressmen,  or  assist- 


§  532  EXECUTIVE   OFFICERS.  108 

aut.s  a  higher  rate  of  wages  than  is  paid  by  those  employ- 
ing printers  in  Sacramento  for  like  work.  He  shall  at  no 
time  employ  more  compositors  or  assistants  than  the 
absolute  necessities  of  the  state  printing  may  demand, 
ami  he  shall  not  permit  any  other  than  state  work  to  be 
done  in  the  state  printing  office.  The  superintendent  of 
state  printing  shall,  on  or  before  the  fifteenth  day  of 
September  of  each  year,  make  a  report,  in  writing,  to  the 
governor,  embracing  a  record  of  the  complete  transactions 
of  his  office  for  the  preceding  fiscal  year,  which  report 
shall  show  in  detail  all  the  items  of  expense  attending 
the  state  printing  and  all  the  expenses  of  the  office,  in- 
cluding repairs  and  the  purchase  of  materials  of  all  kinds. 
Said  report  shall  also  state  the  number  of  reams  and  vari- 
ous kinds  of  paper  delivered  to  him,  and  the  amount  and 
quality  remaining  on  hand,  which  report  shall  be  printed, 
biennially,  for  the  use  of  the  legislature.  En.  March  12, 
1872.     Am'd.   1875-6,  18;    1877-8,  10;   1891,  66;    1895,  233. 

§  532.  Paper.  In  April,  eighteen  hundred  and  ninety- 
six,  and  in  April  of  every  year  thereafter,  the  superintend- 
ent of  state  printing  shall  submit  to  the  state  board  of 
examiners  samples  of  the  various  kinds,  sizes,  and  quali- 
ties of  paper  that  will  probably  be  required  in  his  office 
during  the  year  commencing  en  the  then  first  Monday 
in  July,  an  estimate  of  the  probable  quantity  of  each  kind, 
size,  and  quality  that  will  be  so  required.  Upon  being 
satisfied  that  the  kinds,  sizes,  quantities,  and  qualities  of 
paper  so  suggested  will  be  required,  they  shall  direct  the 
iCiuperintendent  of  state  printing  to  advertise  for  thirty 
days,  in  two  daily  newspapers,  one  of  which  shall  be  pub- 
lished in  the  city  of  San  Francisco,  and  one  in  the  city  of 
Sacramento,  for  proposals  to  furnish  such  paper,  or  so 
much  thereof  as  may  be  required  during  the  year  com- 
mencing as  aforesaid,  which  bids  shall  be  opened  in  his 
office,  at  twelve  o'clock  M.  on  the  day  appointed,  in  the 
presence  of  the  said  superintendent,  and  at  least  two 
of  the  state  board  of  examiners;  and  the  said  superin- 
tendent of  state  printing,  and  the  members  of  the  state 
board  of  examiners  then  and  there  present,  shall  constitute 
a  board  to  award  the  contract  to  the  lowest  and  best  re- 
sponsible bidder.  No  bid  shall  be  considered  unless  ac- 
companied by  a  certified  check,  in  the  sum  of  two  thousand 
dollars,  gold  coin,  payable  to  the  governor  for  the  use 
of  the  people  of  the  state  of  California,  conditioned  that 


10»  EXECUTIVE  OFFICERS.  §§  533,  534 

if  the  bidder  receives  the  award  of  the  contract  he  will, 
within  thirty  days,  enter  into  bonds  in  the  sum  of  ten 
thousand  dollars,  with  two  or  more  sureties,  to  be  ap- 
proved by  the  governor  of  the  state,  that  he  will  faithfully 
perform  the  conditions  of  his  contract.  All  bids  must 
be  for  the  furnishing  and  delivery  of  the  paper  and  ma- 
terials at  the  state  printing  office,  in  the  city  of  Sac- 
ramento, so  that  the  state  shall  not  be  charged  with  any 
cost  of  transportation  or  delivery,  which  must  be  specified 
in  th9  advertisement  for  bids.  If  all  the  bids  opened  shall 
be  deemed  too  high  by  said  board,  they  may  decline  them 
and  advertise  again.  If  the  second  set  of  bids  are  con- 
sidered too  high,  the  said  board  may  again  decline  them, 
and  "the  superintendent  of  state  printing  may  purchase 
such  paper  in  the  open  market.  The  prices  paid  shall  in 
no  case  be  higher  than  the  lowest  price  at  which  such 
paper  was  offered  to  be  furnished  by  the  bids  so  rejected. 
En.  March  12,  1872.     Am'd.  187-5-6,  19;  1877-8,  11;  1895,  234. 

§  533.  Folding,  stitching  and  binding.  All  ruling,  fold- 
ing, and  folding  and  stitching,  and  binding  required  to  be 
executed  for  the  state,  shall  be  done  under  the  supervision 
of  said  superintendent.  He  shall  advertise  for  thirty  days 
in  one  daily  newspaper  published  in  the  city  of  San  Fran- 
cisco, and  one  daily  newspaper  published  in  the  city  of 
Sacramento,  specifying  the  character  of  the  binding,  fold- 
ing, and  stitching  to  be  bid  upon,  for  proposals  to  do  all 
such  folding,  folding  and  stitching,  ruling  and  binding,  all 
of  which  work  shall  be  done  in  the  city  of  Sacramento, 
and  on  the  day  appointed  he  shall,  in  the  presence  of  the 
board  of  examiners,  open  the  bids  that  may  be  received, 
and  said  superintendent  of  state  printing  and  said  board 
of  examiners  shall  award  said  contract  to  the  lowest  re- 
sponsible bidder  or  bidders  therefor.  En.  March  12,  1872. 
Am'd.  1875-6,  20. 

§  534.  Salary.  The  annual  salary  of  superintendent 
of  state  printing  shall  be  three  thousand  dollars.  He  may 
appoint  a  deputy  superintendent  of  state  printing,  who 
shall  be  a  civil  executive  officer,  and  who  shall  receive  a 
salary  of  two  thousand  four  hundred  dollars  per  annum. 

Sec.  2.  Said  salaries  shall  be  paid  at  the  same  time  and 
in  the  same  manner  as  the  salaries  of  other  state  officers 
are  paid.  En.  March  12,  1872.  Am'd.  1875-6,  20;  1885,  32; 
1897,  238. 


§§  535-53S  EXECUTIVE    OFFICERS.  UO 

§  535.  Maintenance  of  machinery.  Whenever  any  ap- 
propriation is  made  for  the  support  of  the  state  printing 
ofiice,  a  sum  not  exceeding  one  thousand  dollars  thereof 
shall  be  applied  when  necessary  to  and  used  for  the  pur- 
pose of  repairing  the  present  and  purchasing  new  ma- 
chinery of  the  state  printing  office,  in  each  fiscal  year  for 
while  the  appropriation  is  made.  En.  March  12,  1872. 
Am'd.  1875-6,  20. 

§  536.  Contingent  expenses,  fund  for.  Whenever  any 
money  is  appropriated  for  the  support  of  the  state  print- 
ing office,  a  sum  not  exceeding  the  sum  of  one  thousand 
dollars  thereof  shall,  in  each  fiscal  year  for  which  the 
appropriation  is  made,  be  applied  to  and  used  for  the  pur- 
pose of  paying  contingent  expenses  of  state  printing  office. 
The  superintendent  of  state  printing  shall  keep  an  itemized 
account  of  all  moneys  expended  out  of  the  contingent  fund 
hereby  created,  and  shall  furnish  the  governor  with  a  copy 
of  the  same,  under  oath,  at  the  end  of  each  fiscal  year. 
En.  March  12,  1872.     Am'd.  1875-6,  21;   1877-8,  12. 

Cal.  Rep.  Cit.     46,  77. 

§  537.  Warrants  for  wages.  The  state  treasurer  is 
hereby  authorized,  when  the  general  fund  is  exhausted, 
to  advance  the  money  on  the  controller's  warrants,  drawn 
for  wages  and  salaries  of  the  employees  in  the  state  print- 
ing office,  out  of  any  public  funds  in  the  treasury,  which 
warrants  shall  be  his  vouchers  until  there  is  money  in  the 
general  fund  to  cancel  them;  provided,  that  this  section 
shall  not  apply  to  any  fund  against  which  there  are  any 
warrants  then  due,  or  to  become  due,  or  so  as  to  keep 
claimants  out  of  their  just  demands.  Any  sum  of  money 
remaining  unexpended  of  the  appropriation  heretofore 
made  for  the  purchase  of  materials  for  the  state  printing 
office  is  hereby  appropriated  to  the  payment  of  claims  due 
for  the  construction  of  the  state  printing  office.  En.  March 
12,  1872.     Am'd.  1875-6,  21. 

§  538.  Maps,  engravings,  etc.  When  any  chart,  map 
diagram,  or  other  engraving  shall  be  required  to  illustrate 
any  document  ordered  to  be  printed,  such  chart,  map, 
diagram,  or  engraving  shall  be  procured  by  the  superin- 
tendent of  state  printing.  No  bills  for  engraving,  or 
lithographing,  or  lithograph  printing,  other  than  the  above, 
shall    be   allowed   by   the   board   of   examiners.     All   state 


Ill  EXECUTIVE  OFFICERS.  §  639 

printing   shall   be   done   in  the  state   printing  office.     En. 
Stats.  1875-6,  21.     Am'd.  1877-8,  12. 

§  539.  Printing  bills.  All  bills  and  other  documents 
ordered  engrossed  by  either  house  of  the  legislature  shall 
be  delivered  by  the  secretary  of  the  senate  or  chief  clerk 
of  the  house,  as  the  case  may  be,  to  the  engrossing  clerk 
of  the  house  ordering  the  engrossment,  who  shall  deliver 
Buch  bills  or  other  documents,  without  delay,  in  the  order 
of  their  receipt,  to  the  state  printer,  who  shall  receipt 
for  the  same,  and  without  delay  engross  (print)  the  same 
in  the  order  so  received  by  him,  and  deliver  such  en- 
grossed bill  or  other  documents,  with  the  original  thereof 
to  the  engrossing  clerk  from  whom  he  receives  the  same, 
who  shall  carefully  compare  the  engrossed  copy  with  the 
original,  and,  if  correctly  engrossed,  report  the  same  back, 
with  the  original,  to  the  engrossing  committee  of  the  house 
from  which  he  received  it.  All  bills  and  other  documents 
that  have  been  printed  shall  be  considered  engrossed,  if 
no  amendments  have  been  made  after  being  printed,  but 
the  original  bill  or  document  shall  be  delivered  to  the 
engrossing  clerk  of  the  respective  houses  where  same 
originated,  and  he  shall  compare  the  original  bill,  or  other 
document,  with  the  printed  bill  or  other  document,  and 
forthwith  deliver  them  to  the  committee  on  engrossment 
for  return  to  the  house  in  the  same  manner  as  engrossed 
bills.  Such  bills,  or  other  documents,  shall  have  a  sepa- 
rate order  of  comparison  from  the  engrossed  bills.  And 
all  bills  and  other  documents,  required  to  be  enrolled  by 
order  of  either  house,  shall  be  delivered  by  the  secretary 
of  the  senate,  or  chief  clerk  of  the  house,  as  the  case  may 
be,  to  the  enrolling  clerk  of  the  house  ordering  such  en- 
rollment, who  shall  deliver  such  bills  or  other  documents, 
without  delay,  in  the  order  of  their  receipt,  to  the  state 
printer,  who  shall  receipt  for  the  same,  and  who  shall, 
without  delay,  correctly  enroll  (print)  the  same,  in  the 
order  so  received  by  him,  and  when  enrolled  he  shall  de- 
liver such  enrolled  bills  or  other  documents,  with  the  origi- 
nal thereof,  to  the  enrolling  clerk  from  whom  he  received 
the  same,  who  shall  carefully  compare  such  enrolled  copy 
with  the  original,  and  if  correctly  enrolled,  he  shall  report 
the  same  back,  with  the  original,  to  the  enrolling  commit- 
tee of  the  house  from  which  he  received  it.  En.  Stats. 
1891,  426.     Am'd.  1895,  110. 


§  540  EXECUTIVE  OFFICERS.  112 

§  540.  State  printing  fund.  Subdivision  1.  There  is 
hereby  created  a  fund  to  be  known  as  the  state  printing 
fund  of  the  state  treasury. 

Subd.  2.  The  state  printing  fund  shall  consist  of  all 
moneys  appropriated  by  the  legislature  for  the  support 
of  the  state  printing  office,  and  all  moneys  received  into 
the  state  treasury  from  any  source  whatever  in  payment 
of  all  printing,  ruling,  and  binding  done  in  the  state  print- 
ing office.  From  it  all  expenses  for  the  support  of  the 
state  printing  office  shall  be  paid. 

Subd.  3.  The  reports  of  all  state  officers,  boards  of 
officers,  commissioners,  trustees,  regents,  and  directors, 
required  or  authorized  by  law  to  make  reports,  or  to  pub- 
lish any  circulars,  bulletins,  and  to  obtain  'any  printed 
books,  stationery,  or  printed  matter  of  any  kind,  must  be 
printed,  ruled,  and  bound  at  the  state  printing  office,  at 
the  expense  of  their  respective  funds  or  appropriations, 
after  being  first  authorized  in  each  instance  by  the  state 
board  of  examiners. 

Subd.  4.  The  superintendent  of  state  printing,  subject 
to  the  approval  of  the  board  of  examiners,  shall  deter- 
mine and  charge  to  be  made  for  all  printing,  ruling,  and 
binding,  and  shall  fix  a  price  from  time  to  time  that  will 
cover  all  costs  of  material  and  doing  the  work,  not  tak- 
ing into  consideration  the  cost  of  the  plant  of  the  state 
printing  office.  He  shall  render  his  bills  for  each  item  of 
printing,  ruling,  and  binding,  or  other  charge  against  the 
respective  officer  or  institution  ordering  the  same,  which 
bills  shall  be  audited  by  the  state  board  of  examiners  and 
paid  out  of  the  appropriation  or  fund  of  the  said  officer 
or  institution  chargeable  with  the  same,  on  warrants 
drawn  by  the  state  controller. 

Subd.  5.  The  controller  and  treasurer  are  hereby  au- 
thorized and  directed  to  transfer  from  the  general  fund 
to  the  state  printing  fund  any  and  all  moneys  appropriated 
from  time  to  time  by  the  legislature  for  the  support  of 
the  state  printing  office. 

Subd.  6.  The  superintendent  of  state  printing  shall 
render  monthly  reports  to  the  state  controller  of  all 
moneys  received  under  the  provisions  of  this  section,  and 
shall  pay  same  into  the  state  treasury  to  the  credit  of  the 
state  printing  fund. 


113  EXECUTIVE   OFFICERS.  §§  548,  549 

Subd.  7.  The  board  of  examiners  may  at  any  time 
order  the  controller  to  transfer  money  from  the  sum  al- 
lowed to  any  officer,  board,  or  other  body  mentioned  in 
subdivision  three  of  this  section,  for  printing  and  other 
work  at  the  state  printing  office,  to  the  credit  of  any  other 
such  officer,  board,  or  other  body  that  may  need  the  same, 
and  whose  allowance  for  that  purpose  has  been  exhausted. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed.     Ein.  Stats.  1899,  68. 


ARTICLE  XIII. 

STATE    GEOLOGIST. 

§  54S.  General    duties    of. 

§  549.  Report    to    governor. 

§  550.  Specimens   to   be   delivered   to   university. 

§  551.  Salary   of  geologist. 

§  C52.  CompensatioH    of    assistants. 

§  553.  Board   of  examiners  to  audit  accounts. 

§  554.  Reports  and    maps   to   be   sold,    etc. 

§  548.  General  duties  of.  It  is  the  duty  of  the  state 
geologist,  with  the  aid  of  such  assistants  as  he  may  ap- 
point, to  continue,  and,  with  all  reasonable  diligence,  to 
complete  the  geological  survey  of  this  state.  He  must 
also  prepare  a  report  of  the  survey  and  superintend  the 
publication  thereof  in  the  form  of  a  geological,  botanical, 
zoological,  and  physiographical  history  of  the  state,  with 
full  and  scientific  descriptions  of  its  rocks,  fossils,  soils, 
minerals,  mines,  climates,  and  physical  geography,  to- 
gether with  suitable  and  accurate  geological  and  topo- 
graphical maps  and  diagrams  of  the  same.  En.  March  12, 
1872. 

State  geologist,  appointment  and  term  of  office:  Ante, 
sees.  368,  subd.  3,  369. 

Geological  survey,  act  to  continue:  Stats.  1872,  p.  355. 
Of  this  act  the  code  commissioners  say  it  was  probably 
intended  to  be  repealed  by  the  act  of  1873-4,  p.  694. 

§  549.  Report  to  governor.  He  must,  as  near  as  may 
be,  at  the  beginning  of  each  session  of  the  legislature, 
present  to  the  governor,  who  must  lay  the  same  before 
the  legislature,  a  report  of  progress,  in  which  the  opera- 

Pol.  Code— S 


§§  550-554  EXECUTIVE   OFFICERS.  114 

tions  of  the  geological  survey  during  the  interval  since 
his  last  preceding  report  must  be  set  forth,  and  its  most 
important  results  made  public.     En.  March  12,  1872. 

§  550.  Specimens  to  be  delivered  to  university.  The 
geological  and  other  specimens  collected  by  the  state 
geological  survey  must,  excepting  such  as  may  be  required 
by  the  state  geologist  to  aid  in  the  preparation  of  his  re- 
port, be  delivered  over  to  the  regents  of  the  state  univer- 
sity, to  be  by  them  deposited  in  the  cabinet  of  the  same 
as  the  property  of  the  university.    En.  March  12,  1872. 

Specimens  to  be  turned  over  to  the  university:  See 
Stats.  1874,  p.  694. 

§  551.  Salary  of  geologist.  The  annual  salary  of  the 
state  geologist  is  six  thousand  dollars,  payable  monthly  out 
of  any  appropriations  which  may  be  made  by  the  legis- 
lature for  the  continuation  of  the  work  of  the  survey. 
En.  March  12,  1872. 

§  552.  Compensation  of  assistants.  His  assistants  re- 
ceive such  compensation  as  he  may  determine,  payable 
in  the  same  manner,  out  of  the  same  fund.  En.  March 
12,  1872. 

§  553.  Board  of  examiners  to  audit  accounts.  The  ac- 
counts of  the  state  geologist,  including  salaries  and  all 
other  expenses  of  the  survey,  must  be  audited  by  the  board 
of  examiners,  and,  if  found  correct,  must  be  paid  out  of 
the  state  treasury  in  such  manner  as  may  be  provided  by 
law.     En.  March  12,  1872. 

Board  of  examiners:  Sees.  654  et  seq. 

§  554.  Reports  and  maps  to  be  sold,  etc.  The  volumes 
and  maps  of  the  report  must  be  sold  upon  such  terms  as 
the  governor  deems  to  be  most  advantageous  to  the  state, 
and  any  moneys  derived  from  such  sales  must  be  applied, 
to  the  completion  of  the  unfinished  publications  of  the 
survey,  and  the  surplus,  if  any,  must  be  paid  into  the 
common  school  fund  of  the  state.     En.  March  12,  1872. 

Acts  relating  to  geological  survey,  reference  to:  See 
General  Laws,  title  Geological  Survey. 


115  EXECUTIVE    OFFICERS.  §§  561-565 

ARTICLE  XIV. 

SEALERS   OF   WEIGHTS    AND    MEASURES. 

§  561.  General   duties  of. 

§  562.  County  clerks  ex-officio  sealers. 

§  563.  Duties  of  county   sealers. 

§  564.  Standards    for   county   sealers. 

§  565.  Standards  to   be   marked. 

§  566.  Standards,   county  sealers  to  compare,   etc. 

§  567.  Fees. 

§  561.  General  duties  of.  The  state  sealer  of  weights 
and  measures  has  the  general  supervision  of  the  weights 
and  measures  of  the  state.  He  must  take  charge  of  the 
standards,  and  see  that  they  are  kept  in  and  in  no  case 
removed  from  a  fire-proof  vault  in  his  office,  except  for 
the  purpose  of  comparing  and  copying.  He  must  correct 
the  standards  of  the  cities  and  counties,  provide  them 
with  the  necessary  standards,  balances,  and  other  means 
of  adjustment,  and  as  often  as  once  in  ten  years  com- 
pare the  same  with  those  in  his  possession.  En.  March  12, 
1872. 

Weights  and  measures:  Sees.  3209-3233.  False:  Pen. 
Code,  sees.  552-555.  Secretary  of  state  ex-officio  sealer  of: 
Ante,  sec.  351. 

Act  relating  to  weights  and  measures:  See  act  approved 
April  6,  1891;  Stats.  1891,  p.  487.  See  reference  to  this 
act  in  General  Laws,  title  Weights  and  Measures. 

§  562.  County  clerks  ex-officio  sealers.  The  county 
clerks  are  ex-offlcio  county  sealers  of  weights  and  meas- 
ures for  their  respective  counties.     En.  March  12,  1872. 

§  563.     Duties    of    county    sealers.     The  county    sealers 

must  keep  in  their  offices  the  standards  of  weights  and 

measures   for   their   respective   counties.  En.   March   12, 
1872. 

§  564.  Standards  for  county  sealers.  Copies  of  the  orig- 
inal standards,  to  be  made  of  such  materials  as  the  state 
seaJer  directs,  must  be  deposited  by  him  in  the  offices 
of  the  county  sealers  of  the  several  counties  of  this  state, 
at  the  expense  of  the  counties,  which  are  severally  re- 
sporsible  for  the  preservation  of  the  copies  respectively 
delivered  to  them.     En.  March  12,  1872. 

§  565.  Standards  to  be  marked.  The  state  sealer  must 
cause  to  be  impressed  on  each  of  the  copies  of  such  orig- 


§§  566-.J79  EXECUTIVE    OFFICERS.  l-ti 

inal  standards  the  letter  "C,"  and  such  other  device  as  he 
may  direct  for  the  particular  county,  which  device  must 
be  recorded  in  the  state  sealer's  office,  and  a  copy  thereof 
delivered  to  the  respective  county  sealers.     En.  March  12, 

1872. 

§  566.  Standards,  county  sealers  to  compare,  etc.  The 
county  sealers  must  compare  all  weights  and  measures, 
which  are  brought  to  them  for  that  purpose,  with  the 
copies  of  standards  in  their  possession,  and  when  the 
same  are  tound  or  made  to  conform  to  the  legal  standards, 
the  officer  comparing  them  must  seal  and  mark  them  as 
correct.     En.  March  12,  1872. 

§  567.  Fees.  Each  county  sealer  may  receive  for  his 
services  the  following  fees:  For  sealing  and  marking 
every  beam,  seventy-five  cents;  for  sealing  and  marking 
measures  of  extension,  at  the  rate  of  forty  cents  per  yard, 
not  to  exceed  one  dGllar  and  a  half  for  any  one  measure; 
for  sealing  and  marking  every  weight,  twenty-five  cents; 
for  sealing  and  marking  liquid  and  dry  measures,  if  the 
same  are  of  the  capacity  of  a  gallon  or  more,  forty  cents; 
if  less  than  a  gallon,  twenty  cents.     En.  March  12,  1872. 


ARTICLE  XV. 

INSPECTOR   OF    GAS    METERS. 

§  577.  To   provide    testing   apparatus. 

§  578.  (Seal. 

§  579.  May  appoint  deputies. 

§  580.  Mode  of  inspecting  and  sealing. 

§  581.  Using  uninspected   meters,    relnspection. 

§  r,S2.  Compensation. 

§  .".S?.  Residence. 

§  581.  Official   bond. 

§  577.  To  provide  testing  apparatus.  The  inspector  of 
gas  meters  must  provide  and  keep  suitable  apparatus  for 
testing  the  accuracy  of  gas  meters.     En.  March  12,  1872. 

Inspector  of  gas  meters,  appointment  and  term  of  office: 
Ante,  sees.  368,  369. 

§  578.  Seal.  He  must  proyide  a  suitable  seal  with 
which  to  seal  meters  inspected  by  him  and  found  to  be 
correct  and  must  file  a  copy  of  such  seal  in  the  office  of 
the  secretary  of  state.     En.  March  12,  1872. 

§  579.  May  appoint  deputies.  He  may  appoint  deputies. 
En.  March  12,  1872. 


117  EXECUTIVE    OFFICERS.  §§  580-5b4 

§  580.  Mode  of  inspecting  and  sealing.  He  must,  when 
ever  requested,  inspect  and  test  the  accuracy  of  any  gas 
meters  used  or  intended  to  be  used  for  measuring  the 
quantity  of  gas  furnished  by  any  gas  company  in  this 
state,  and  when  he  finds  the  same  correct,  seal  the  same 
with  his  seal.  No  meter  shall  be  accounted  correct  which 
registers  an  amount  more  than  three  per  cent  greater  or 
less  than  the  amount  actually  passed  through  it,  but  the 
inspector  may  seal  meters  registering  more  than  three 
per  cent  against  the  gas  company,  when  requested  by  the 
company  to  do  so.  Reasonable  notice  shall  be  given  to  the 
applicant,  and  also  the  individual  or  gas  company  furnish, 
ing  or  proposing  to  furnish  the  gas,  of  the  time  and  place 
of  the  inspection  of  the  meter,  and  opportunity  afforded 
them,  their  servants  or  agents,  to  be  present  at  and  wit- 
ness the  inspection.  En.  March  12,  1872.  Am'd.  1875-6, 
22 

§  581.  Using  uninspected  meters,  reinspection.  Any  in- 
dividual or  gas  company  placing  or  using  for  measuring 
gas  a  meter  which  has  not  been  inspected  by  the  state 
inspector,  and  does  not  bear  his  seal,  shall  be  guilty  of  a 
misdemeanor,  nor  shall  any  charge  for  gas  supplied 
through  such  a  meter  be  legally  collectible;  nor  shall  the 
refusal  of  a  consumer  to  pay  the  same  give  authority  to  tlie 
company  to  refuse  to  supply  him  with  gas.  When  a  meter, 
properly  sealed,  is  once  placed  for  the  use  of  a  consumer, 
an  inspection  may  be  had  as  often  as  the  consumer  may 
request  the  same  in  writing,  he  to  pay  the  fee  therefor 
whenever  the  meter  is  found  not  to  register  too  fast. 
When  the  meter  is  found  to  register  too  fast  the  gas 
company  must  pay  the  fee,  together  with  the  costs  of  re- 
m.oving  and  resetting  the  meter,  and  the  inspector  shall 
remove  the  seal  if  there  be  one  upon  it;  provided,  that 
when  any  meter  found  incorrect  shall  be  corrected,  it  shall 
be  sealed  by  the  inspector  without  additional  charge  if 
presented  to  him  for  reinspection  within  one  month.  En. 
March  12,  1872.     Am'd.  1875-6,  22. 

§  582.  Compensation.  He  may  collect  a  fee  of  two  dol- 
lars and  fifty  cents  for  each  meter  tested.  En.  March  12, 
1872. 

§  583.  Residence.  He  must  reside  in  the  city  of  San 
Francisco.     En.  March  12,  1872. 

§  584.     Official  bond.     He  must  execute  an  official  bond 
in  the  sum  of  five  thousand  dollars.     En.  March  12,  1872. 
Official  bonds:   See  post,  sees.  947-986. 


EXECUTIVE    OFFICERS.  118 

ARTICLE  XVI. 

INSURANCE   COMMISSIONER. 
§  594.     Eligibility. 
§  59-5.     General  duties  of. 

§  .')9H.     Business    of   insurance   not    to   be    transacted    without   his    certifi- 
cate. 
§  597.     To   examine   affairs   of   companies,    when. 
§  597a.  Companies   to   furnish   list   of   policy  holders  and   form   of  policy. 

Penalty. 
§  59S. .  Fines  imposed  if  companies  refuse. 
§  599.     May  Ispue  subpoenas. 

§  600.     Proceeaings  on   insolvency  of  companies. 
§  601.    Proceedings  on  failure  to  make  up  capital. 
§  602.    What   constitutes   insolvency. 
I  fiOS.     Must    keep    a   record. 
§  604.     May   employ   actuary,    when. 
§  605.     Fees  to  be  paid   to  commissioner. 

§  606.    Assessments   for   deficiency   in    salary   and    expenses. 
§  607.     Certain  certificates  to  be  filed  in  his  office. 
§  60S.     Same. 

§  609.     May   determine  name  of  new  corporation. 
§  610.     Statements   to   be   made   by   insurance   companies. 
§  611.     Statement,    contents,    publication   and    filing. 
§  612.     Showing  to  be  made  in. 

§  612a.  Liability   insurance  companies;   liabilities,   what  shall  be  charged 
as;    reserve   fund,    how   computed;   statement   to   the   Insurance 
commissioner. 
§  613.     Statement    by    life,    health,    and   accident   companies. 
§  614'.     Stock  notes,    how   computed. 
§  615.     To    furnish   blanks. 

§  616.     Agent   upon   whom  process  may  be  served. 
§  617.    Penalty    for    failure   to    make    statement. 
I  61S.     Securities   deposited   by  companies. 
§  619.    Deposits,    receipts   for.  • 

§  620.     Deposits   returned,    when. 
§  621.     Examination    of   securities,    deficiencies. 
§  622.     Retaliatory    clause. 

§  €22a.  Foreign  insurance  corporations  other  than  life,   tax  on  premium.^. 
§  €23.     Bonds  to  be  filed. 
§  624.     Same. 

§  625.     To    furnish    assessor   with   certain    information. 
§  626.     Securities. 

§  627.     Statement  to  be  based  on  gold  coin  values. 
§  628.     Salary  of  commissioner. 
§  629.     Salary   of  deputy. 
§  630.    Contingent  expenses. 
§  631.     Location   of  office. 
§  632.    Official   bond. 

§  63:!.    Conditions  precedent  to  license  of  agent. 
§  634.     Registry   of   policies,   'deposits   for   security   of. 
§  635a.  Investment    company    defined. 

§  635b.  Investment    companies    not    licensed    by    bank    or    other    commis- 
sioners;   deposit   with   state   treasurer  cash   or  securities. 
§  635c.  .\rticles  of  Incoporation  to  be  filed  with  secretary  of  state;   fees; 

statement. 
S  SZiid.    Duty    of   state    treasurer;    of    attorney-general. 
§  G35o.    Withvirawal   of  deposit   upon  ceasing  to  do  business. 
§  635f.     Right    to   substitute'   securities    for  cash    deposit. 
§  635g.     Amount   of   money   to   be   loaned   out   of   reserve   fund;    collateral 

may    be    deposited. 
8  63oh.     Reserve   fund. 
I  6351.     Duty    of    attorney-general. 
§  C25J.    Violation  of  the  provisions  of  this  act;  penalty. 

§  635k.     Not  to  do  business  until  deposit  Is  made. 

S  6351.    Application. 


119  EXECUTIVE  OFFICERS.  §§  594,  b95 

§  594.  Eligibility.  No  person  is  eligible  to  the  office  of 
insurance  commissioner  or  deputy  who  is  an  officer,  agent, 
or  employee  of  an  insurance  company.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     101,  144;   128,  537. 

,§  595.  General  duties  of.  The  insurance  commissioner 
must  receive  all  bonds  and  securities  of  persons  engaged 
in  the  transaction  of  insurance  business  in  this  state,  and 
file  and  safely  keep  the  same  in  his  office,  or  deposit  them 
as  provided  in  this  article.  He  must  examine  and  inspect 
the  financial  condition  of  all  persons  engaged,  or  who 
desire  to  engage,  in  the  business  of  insurance;  issue  a 
certificate  of  authority  to  transact  insurance  business  in 
this  state  to  any  persons  in  a  solvent  condition,  who  have 
fully  complied  with  the  laws  of  this  state,  and  are  in 
nowise  in  arrears  to  the  state,  or  to  any  county  or  city  of 
the  state,  for  fees,  licenses,  taxes,  or  penalties  accrued 
upon  business  previously  transacted  in  the  state;  deter- 
mine the  sufficiency  and  validity  of  all  bonds  and  other 
securities  required  to  be  given  by  persons  engaged,  or 
to  be  engaged,  in  insurance  business,  and  cause  the  same 
to  be  renewed  in  case  of  the  insufficiency  or  invalidity 
thereof;  and  perform  all  other  duties  imposed  upon  him 
by  the  laws  regulating  the  business  of  insurance  in  this 
state,  and  enforce  the  execution  of  such  laws;  prepare 
and  furnish,  on  demand,  to  all  persons  engaged  in  the 
insurance  business,  blank  forms  for  such  statements  or 
reports  as  may  by  law  be  required  of  them;  make,  on  or 
before  the  first  day  of  August  in  each  year,  a  report  to 
the  governor  of  this  state,  containing  a  tabular  statement 
and  synopsis  of  the  reports  which  have  been  filed  in  his 
office,  showing,  generally,  the  condition  of  the  insurance 
business  and  interests  in  this  state,  and  other  matters 
concerning  insurance,  and  a  detailed  statement,  verified 
by  oath,  of  the  moneys  and  fees  of  office  received  by  him, 
and  for  what  purpose.  And  whenever  any  insurance  com- 
pany, doing  business  in  this  state,  shall  voluntarily  sur- 
render to  the  insurance  commissioner  its  certificate  of 
authority  previously  granted,  thereby  withdrawing  from 
business  in  this  state,  the  commissioner  must  make  due 
publication  of  such  surrender  and  withdrawal  daily  for  the 
period  of  one  week,  in  each  of  two  daily  newspapers, 
the  one  published  in  the  city  of  San  Francisco,  and  the 
other  in  the  city  of  Sacramento.  It  is  further  enacted, 
that  if  any  action  hereafter  commenced  in  any  district 
court  of  this  state,  by  a  citizen  thereof,  against  a  foreign 
corporation  or  company  doing  insurance  business  in  this 


§  596  EXECUTIVE    OFFICERS.  11!') 

state,  such  corporation  or  company  shall  transfer,  or  cause 
to  be  transferred,  such  action  to  the  United  States  circuit 
court,  the  right  of  such  corporation  or  company  to  trans- 
act insurance  business  in  this  state  shall  thereupon  and 
thereby  cease  and  determine;  and  the  insurance  commis- 
sioner shall  immediately  revoke  the  certificate  of  such  cor- 
poration or  company  authorizing  it  to  do  business  in  this 
state,  and  publish  such  revocation  daily,  for  the  period 
of  two  weeks,  in  each  of  some  tv/o  daily  newspapers,  the 
one  published  in  the  city  of  San  Francisco,  and  the  other 
in  the  city  of  Sacramento.  En.  March  12,  1872.  Am'd. 
1873-4,  8;   1877-8,  13. 

Cal.  Rep.  Cit.     128,  539. 

Insurance:    See  Civ.   Code,  sees.  2527-2766. 

Insurance  corporations:  See  Civ.  Code,  sees.  414-451. 

Report  of  insurance  commissioner,  distribution  of:  Ante, 
sec.  337. 

§  596.  Business  of  insurance  not  to  be  transacted  with- 
out his  certificate.  No  .person  or  company  must  transact 
insurance  business  in  this  state  without  first  procuring 
from  the  insurance  commissioner  a  certificate  of  authority, 
as  in  this  chapter  provided;  and  all  policies  issued  or  re- 
newed and  all  insurances  taken  before  obtaining  such 
certificate  of  authority,  are  null  and  void;  and  any  person 
who  as  agent  or  pretended  agent  of  any  insurance  com- 
pany, or  other  person,  shall,  without  the  possession  of  such 
certificate  of  authority,  solicit,  issue  or  procure  to  be  is- 
sued in  this  state  any  policy  of  insurance,  shall  forfeit  to 
the  people  of  this  state  the  sum  of  two  hundred  dollars  for 
each  and  every  policy  so  issued,  or  procured  to  be  issued. 
But  any  company  or  corporation  belonging  to  any  other 
state  or  country,  having  policies  of  life  insurance  out- 
standing in  this  state,  and  that  were  issued  in  accordance 
with  the  laws  of  this  state,  shall  have  the  right  to  main- 
tain a  special  agent  in  this  state,  for  the  collection  of 
renewal  premiums  on  such-  policies,  and  the  commissioner 
is  hereby  authorized  to  issue  to  the  duly  appointed  special 
agent  of  such  company  or  corporation,  a  certificate  au- 
thorizing him  to  collect  such  renewal  premium;  such 
certificate  to  be  issued  on  the  production  to  the  commis- 
sioner of  satisfactory  evidence  that  such  company  or  cor- 
poration is  authorized  to  transact  life  insurance  business 
in  the  state  or  country  to  which  it  belongs.  And  any  per- 
son who,  as  agent  of  either  the  insured  or  Insurer,  shall 
collect  such  renewal  premiums,  must,  on  or  before  the 
tenth  day  of  January,  annually,  file  with  the  commissioner 
a  statement,  under  oath,  showing  the  gross  amount  of  such 
annual  premiums,  collected  by  him  during  the  year  ending 


121  EXECUTIVE    OFFICERS.  §§  597,  597a 

on  the  thii'ty-first  day  of  December,  next,  preceding,  and 
pay  into  the  office  of  the  commissioner  the  sum  of  twenty 
dollars,  gold  coin  of  the  United  States.  Failing  to  make 
such  statement  and  payment  within  the  time  named,  such 
person  shall  forfeit  to  the  people  of  the  state  of  California 
the  sum  of  one  hundred  dollars  for  each  and  every  policy 
so  renewed  by  the  payment  to  him  of  such  renewal  pre- 
mium. All  penalties  and  forfeitures  under  this  section 
must  be  collected  by  the  insurance  commissioner,  and 
for  th(5  purposes  of  such  collections  suits  may  be  insti- 
tuted by  him,  in  the  name  of  the  people  of  the  state  of 
California,  in  any  court  of  competent  jurisdiction.  En. 
March  12,  1872.  Am'd.  1873-4,  9;  1873-4,  61;  1877-8,  13; 
1880,  89. 

Cal.  Rep.  Cit.     80,  40;    98,  7. 

§  597.     To    examine    affairs    of    companies,    when.     The 

commissioner,  whenever  necessary,  or  whenever  he  is  re- 
quested by  verified  petition,  signed  by  three  persons  in- 
terested, either  as  stockholders,  policy  holders,  or  cred- 
itors of  any  person  engaged  in  insurance  business,  show- 
ing that  such  person  is  insolvent  under  the  laws  of  this 
state,  must  make  examination  of  the  business  and  affairs 
relating  to  the  insurance  business  of  such  person;  and 
for  such  purpose  has  free  access  to  all  the  books  and  pa- 
pers of  such  person,  and  must  thoroughly  inspect  and 
examine  all  his  affairs,  and  ascertain  his  condition  and 
ability  to  fulfill  his  engagements,  and  whether  he  has 
complied  with  all  the  provisions  of  law  applicable  to  his 
insurance  transajctions.  Such  person  and  his  officers  and 
agents  must  open  his  books  and  papers  for  the  inspection 
of  the  commissioner,  and  otherwise  facilitate  such  exam- 
ination; and  the  commissioner  may  administer  oaths  and 
examine  under  oath,  any  person  relative  to  the  business 
of  such  person;  and  if  he  finds  the  books  to  have  been 
carelessly  or  improperly  kept  or  posted,  he  must  employ 
sworn  experts  to  rewrite,  post,  and  balance  the  same,  at 
the  expense  of  such  person.  Such  examination  must  be 
conducted  in  the  county  where  such  person  has  his  prin- 
cipal place  of  business,  and  must  be  private,  unless  the 
commissioner  deems  it  necessary  to  publish  the  result 
of  such  investigation,  in  which  case  he  may  publish  the 
same  in  two  of  the  public  newspapers  of  this  state,  one 
of  which  must  be  published  in  the  city  of  San  Francisco. 
En.  March  12,  1872. 

§  597a.     Companies  to  furnish   list  of  policy  holders  and 
form  of  policy;    penalty.     The  commissioner  has  power  to, 


§§  598.  599  EXECUTIVE    OFFICERS.  12:i 

and  whenever  h3  deems  necessary  may,  In  writing,  re- 
quire any  company  engaged  in  insurance  business  in  the 
state  of  California,  to  furnish  the  commissioner,  as  of  a 
date,  past  or  present,  to  be  designated  by  the  commis- 
sioner, a  full  and  complete  list  of  all  its  policies  of  insur- 
ance on  poperty  or  risks  located  within  that  portion  of  the 
state  of  California  included  within  the  territory  described 
by  the  commissioner,  and  which  policies  had  not  by  the 
terms  thereof  expired  on  the  date  designated  by  the  com- 
missioner. Such  list  must  show  the  number  of  the  policy, 
the  name  in  which  the  policy  was  issued,  the  amount  for 
which  it  was  issued,  the  nature  and  description  of  the  prop- 
erty on  which  the  policy  was  written  or  the  nature  of  the 
risk  assumed  by  the  company,  the  location  or  the  property 
and  the  residence  of  the  insured,  and  the  form  or  class  of 
such  policy  as  designated  on  the  policy  by  the  company. 
The  commissioner  shall  require  such  list  to  be  accompanied 
by  the  several  forms  of  policies  so  designated  and  classi- 
fied by  the  company,  and  the  forms  of  riders,  if  any,  at- 
tached to  each  particular  form  of  policy.  Any  company 
which  fails  or  neglects  to  furnish  such  lists  and  forms  for 
the  period  of  ten  days  from  the  date  of  the  commissioner's 
request,  shall  forfeit  its  right  to  do  business  m  this  state, 
and  the  commissioner  shall  thereupon  revoke,  in  the  man- 
ner provided  in  section  six  hundred  of  this  code,  the  cer- 
tificate previously  granted  such  company  to  do  business  in 
this  state,  and  said  company  shall  also  be  liable  to  a  pen- 
alty in  the  sum  of  two  thousand  dollars,  for  the  payment 
of  which  penalty  suits  may  be  instituted  by  the  commis- 
sioner in  the  name  of  the  people  of  the  State  of  California, 
in  a  court  of  competent  jurisdiction,  to  recover  such  penalty 
or  accumulated  penalties.  Said  company  shall  be  liable 
for  said  penalty  or  penalties  upon  the  bond  filed  by  said 
company,  pursuant  to  section  six  hundred  and  twenty-three 
of  the  Political  Code.     [In  effect  June  3,  1906.] 

§  598.  Fines  imposed  if  companies  refuse.  The  com- 
missioner may  collect  the  sum  of  five  hundred  dollars 
from  any  person  engaged  in  the  business  of  insurance,  for 
each  refusal  to  give  full  and  truthful  information,  and 
response  in  writing,  to  any  inquiry  in  writing  by  the 
commissioner  relating  to  the  business  of  insurance  as 
carried  on  by  him;  and  for  that  purpose  suits  may  be 
instituted  by  tlie  commissioner,  in  the  name  of  the  people 
of  the  state  of  California,  in  any  court  of  competent  juris- 
diction.    En.  March  12,  1872. 

§  599.  May  issue  subpoenas.  The  commissioner  may 
issue  subpoenas  for  witnesses  to  attend  and  testify  before 


123  EXECUTIVE    OFFICERS.  §§  600,  601 

him  on  any  subject  touching  insurance  business,  or  in  aid 
of  his  duties,  which  must  be  served,  obeyed,  and  enforced 
a.s  provided  in  the  Code  of  Civil  Procedure  for  civil  cases, 
the  commissioner  to  issue  attachments  and  impose  the 
penalty  for  disobedience;  and,  in  addition,  the  defaulting 
witness  may  be  punished  as  provided  in  the  Penal  Code. 
En.  March  12,  1872. 

§  600.  Proceedings  on  insolvency  of  companies.  When- 
ever the  commissioner  ascertains  that  any  person  engaged 
in  the  insurance  business  is  insolvent  within  the  meaning 
of  this  chapter,  he  must  revoke  the  certificate  granted, 
and  send  by  mail  to  such  person,  addressed  to  him  at  his 
principal  place  of  business,  or  deliver  to  him  personally, 
notice  of  such  revocation,  and  cause  notice  thereof  to  be 
filed  in  his  office,  and  also  to  be  published  daily  for  four 
weeks  in  some  newspaper  published  in  the  city  of  San 
Francisco.  He  must  require  such  person,  after  receiv- 
ing notice  of  the  revocation,  or  after  the  first  publication 
thereof,  to  discontinue  the  issuing  of  any  new  policies,  and 
the  renewal  of  any  previously  issued;  and  in  such  cases 
must  require  the  person,  or  the  manager  or  agent  of  the 
business,  to  repair  the  capital  thereof  within  such  period 
as  he  may  designate  in  such  requisition,  by  assessment 
upon  the  stockholders  for  such  amounts  as  will  make  the 
capital  equal  to  the  amount  of  the  paid-up  capital,  ex- 
clusive of  assets  needed  to  pay  all  ascertained  liabilities 
for  losses  reported,  for  expenses  and  taxes,  and  exclusive 
of  the  entire  premiums  received  for  outstanding  risks. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     101,  145. 

§  601.     Proceedings   on   failure  to    make   up   capital.     In 

case  any  person,  upon  the  requisition  of  the  commissioner, 
fails  to  make  up  the  deficiency  of  the  capital  in  accord- 
ance with  the  requirements  of  this  chapter,  or  to  comply 
in  all  respects  with  the  laws  of  this  state,  the  commis- 
sioner must  communicate  the  fact  to  the  attorney-general, 
who  must  within  twenty  days  after  receiving  such  commu- 
nication, commence  an  action  in  the  name  of  the  people  of 
this  state,  in  the  superior  court  of  the  county  where  the 
person  in  question  is  located,  or  has  his  principal  office, 
against  such  person,  and  apply  for  an  order  requiring  caus.-^ 
to  be  shown  why  the  business  should  not  be  closed;  and 
the  court  must  thereupon  hear  the  allegations  and  proofs 
of  the  respective  parties,  as  in  other  cases.  If  it  appears 
to  the  satisfaction  of  the  court  that  such  person  Is  insol- 
vent, or  that  the  interests  of  the  public  so  require,   the 


§  602  EXECUTIVE  OFFICERS.  124 

court  must  decree  a  dissolution  of  such  corporation,  and  a 
winding-up  of  its  affairs,  and  a  distribution  of  the  effects 
of  such  person;  but  otherwise,  the  court  must  enter  a  de- 
cree annulling  the  act  of  the  commissioner  in  the  premises, 
and  authorizing  such  person  to  resume  business.  But  the 
commissioner  must  not  be  held  liable  for  damages  if  he 
has  acted  in  good  faith.  In  the  event  of  any  additional 
losses  occurring  upon  new  risks  taken  after  the  expiration 
of  the  period  limited  by  the  commissioner  in  the  requisi- 
tion, and  before  deficiency  has  been  filled  up,  the  directors 
of  any  company,  corporation,  or  association,  are  individu- 
ally liable  to  the  extent  thereof.  En.  March  12,  1872. 
Am'd.  1880,  19;    1887,  7. 

Cal.  Rep.  Cit.     101,  138;    101,  143;    101,  145;    101,  146. 

§  602.  What  constitutes  insolvency.  Whenever  pro- 
visions for  the  liabilities  of  any  person  engaged  in  the 
business  of  fire,  marine,  or  inland  navigation  insurance  in 
this  state,  for  losses  reported,  expenses,  taxes,  and  reinsur- 
ance of  all  outstanding  risks,  estimated  at  fifty  per  cent 
of  the  premiums  received  and  receivable  on  all  fire  risks 
and  marine  time  risks,  at  the  full  premiums  received  and 
receivable  on  all  other  marine  risks,  would  so  far  impair 
his  capital  stock  paid  in  as  to  reduce  the  same  below  two 
hundred  thousand  dollars,  or  below  seventy-five  per  cent  of 
said  capital  stock  paid  in,  such  person  is  insolvent;  and  in 
case  of  a  person  engaged  in  such  insurance  in  this  state, 
on  the  mutual  plan,  if  the  available  cash  assets  of  such  per- 
son shall  not  exceed  his  liabilities,  as  hereinbefore  enumer- 
ated, in  the  full  sum  of  two  hundred  thousand  dollars,  such 
person  is  insolvent;  and  wherever  provision  for  the  liabil- 
ities of  any  person  engaged  in  the  business  of  insuring  any- 
one against  loss  or  damage  resulting  from  accident  to  or 
injury  suffered  by  an  employee  or  other  person  for  which 
the  person  insured  may  be  liable,  for  losses  reported,  ex- 
penses, taxes,  and  reinsurance  of  all  outstanding  risks  esti- 
mated as  provided  in  section  612a  of  the  Political  Code 
would  so  far  impair  his  capital  stock  paid  in  as  to  reduce 
the  same  below  one  hundred  thousand  dollars,  or  below 
seventy-five  per  cent  of  said  capital  stock  paid  in,  such  per- 
son is  insolvent;  and  whenever  provision  for  the  liabilities 
of  any  person  engaged  in  any  kind  of  insurance  business 
in  this  state,  other  than  life,  liability  and  insurance  of 
titles  to  real  estate,  provided  for  in  section  four  hundred 
and  twenty  of  the  Civil  Code  of  this  state,  for  losses  re- 
ported, oxp(;iists,  taxes,  and  reinsurance  of  all  outstand- 
ing risks,  estimated  at  such  rates  as  are  accepted  by  the 
insurance  authorities  of  the  slate  of  New  York,  would  so 
far  imi)air  his  capital  stock  paid  in  as  to  reduce  the  same 


m  EXECUTIVE     OFFICERS.  §§  603-605 

below  one  hundred  thousand  dollars,  or  below  seventy- 
five  per  cent  of  said  capital  stock  paid  in,  such  person  is 
insolvent;  and  in  case  of  a  person  engaged  in  such  insur- 
ance business  in  this  state,  on  the  mutual  plan,  if  his 
available  cash  assets  shall  not  exceed  his  liabilities,  as 
hereinbefore  enumerated,  in  the  full  sum  of  one  hundred 
thousand  dollars,  such  person  is  insolvent.  In  the  case  of 
a  company  or  a  corporation  engaged  in  the  business  of 
life  insurance,  whenever  its  liabilities  for  losses  reported, 
expenses,  taxes,  and  reinsurance  of  all  its  outstanding 
risks,  at  rates  based  upon  the  American  Eixperience  Table 
of  Mortality,  and  interest  at  the  rate  of  three  and  one-half 
per  centum  per  annum,  exceeds  its  assets,  such  company 
or  corporation  is  insolvent.  In  the  case  of  a  corporation 
or  company  engaged  in  the  business  of  insurance  of  the 
title  to  real  estate,  whenever  provision  for  its  liability 
for  losses  reported,  expenses,  and  taxes,  would,  after  ex- 
hausting its  surplus  fund,  so  far  impair  its  capital  stock 
paid  in  as  to  reduce  the  same  below  one  hundred  thousand 
dollars,  or  below  seventy-five  per  cent  of  said  capital  stock 
paid  in,  such  corporation  or  company  is  insolvent.  En. 
March  12,  1872.  Am'd.  1873-4,  9;  1873-4,  62;  1877-8,  14; 
1887,  19;    1905,  379. 

§  603.  Must  keep  a  record.  The  commissioner  must 
keep  and  preserve,  in  a  permanent  form,  a  full  record 
of  his  proceedings,  including  a  concise  statement  of  the 
condition  of  each  person  visited  or  examined  by  him.  En. 
March  12,  1872. 

§  604.  May  employ  actuary,  when.  The  commissioner 
may  employ  an  actuary  to  make  the  valuation  of  life 
policies,  at  the  compensation  of  not  exceeding  three  cents 
for  each  thousand  dollars  of  insurance,  to  be  paid  by 
the  person  or  corporation  for  which  the  valuation  is  made. 
En.  March  12,  1872. 

§  605.  Fees  to  be  paid  to  commissioner.  The  com- 
missioner must  require  in  advance,  in  United  States  gold 
coin,  the  following  fees: 

1.  For  filing  the  articles  of  incorporation,  or  certified 
copy  of  articles,  or  other  certificate  required  to  be  filed 
in  his  office,  thirty  dollars; 

2.  For  filing  the  annual  statement  required  to  be  filed, 
twenty  dollars; 

3.  For  filing  any  other  papers  required  by  this  chapter 
to  be  filed,  five  dollars; 

4.  For  furnishing  copies  of  papers  filed  in  his  office, 
twenty  cents  per  folio;  ^ 

5.  For  certifying  copies,  one  dollar  each; 


606,     607  EXECUTIVE     OFFICERS.  126 

6.  For  each  certificate  issued  as  provided  in  section  bl9, 
the  sum  of  five  dollars.     En.  March  12,  1872. 

§  606.  Assessments  for  deficiency  in  salary  and  ex- 
penses. If  the  salary  of  the  commissioner  and  the  ex- 
penses of  his  office  exceeds  the  fees  and  charges  collected 
by  him,  such  excess  must  be  annually  assessed  by  the  com- 
missioner upon  all  persons  or  incorporations  engaged  in 
the  business  of  insurance  in  this  state,  and  they  are  sev- 
erally liable  therefor,  pro  rata,  according  to  the  amount 
of  premiums  received  or  receivable  from  risks  taken  in 
this  state,  respectively,  during  the  year  ending  on  tho 
thirty-first  day  of  December  next  preceding  the  assess- 
ment. The  commissioner  must  collect  all  fees  and  assess- 
ments, and  pay  monthly  into  the  state  treasury  whatever 
amounts  may  be  received  and  collected  by  him.  He  may 
bring  actions  in  the  name  of  the  people  of  this  state  to 
enforce  such  collection;  and  any  person  liable  for  any 
assessment,  who  neglects  or  refuses  to  pay  the  amount 
of  such  assessment  within  ten  days  after  demand  thereoi, 
in  writing,  by  the  insurance  commissioner,  becomes  liable 
to  pay  double  the  amount  of  such  assessment,  and  any 
judgment  recovered  in  such  case  must  be  for  such  double 
amount  and  costs.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     117,  242. 

§  607.     Certain  certificates  to  be  filed  in  his  office.     The 

commissioner  must  cause  every  corporation  or  person, 
before  engaging  in  the  business  of  insurance,  to  file  in 
his  office  as  follows: 

1.  If  incorporated  under  the  laws  of  this  state,  a  copy 
of  the  articles  of  incorporation  or  statement  of  any  in- 
crease or  diminution  of  the  capital  stock,  certified  by 
the  secretary  of  state  to  be  a  copy  of  that  which  is  filed 
in  his  office. 

2.  If  incorporated  under  the  laws  of  any  other  state 
or  country,  a  copy  of  the  articles  of  incorporation,  If  or- 
ganized or  formed  under  any  law  requiring  articles  to 
be  filed,  duly  certified  by  the  officer  having  the  custody 
of  such  articles;  or  if  not  so  organized,  a  copy  of  the  law, 
charter,  or  deed  of  settlement  under  which  the  deed  of 
organization  is  made,  duly  certified  by  the  proper  cus- 
todian thereof  or  proved  by  affidavit  to  be  a  copy;  also, 
a  certificate  under  the  hand  and  seal  of  the  proper  offiicer 
of  such  state  or  country  having  supervision  of  insurance 
business  therein,  that  such  corporation  or  company  is  or- 
eanizod  under  the  laws  of  such  state  or  country,  with 
the  amount  of  capital  stock  or  assets  required  by  this 
chapter. 


127  EXECUTIVE  OFFICERS.  §§  608,  609 

3.  If  not  incorpor'ated,  a  certificate  setting  forth  the 
nature  and  character  of  the  business,  the  location  of  the 
pi'incipal  office,  the  names  of  the  persons  and  of  those 
composing  the  association,  the  'amount  of  actual  capital 
employed  or  to  be  employed  therein,  and  the  names  of  all 
officers  and  persons  by  whom  the  business  is  or  may  be 
managed.  The  certificate  must  be  verified  by  the  affi- 
davit of  the  chief  officer,  secretary,  agent,  or  manager  of 
the  association;  and  if  there  are  any  written  articles 
of  agreement  or  association,  a  copy  thereof  must  accom- 
pany such  certificates;  provided,  however,  when  the  num- 
ber of  persons  composing  such  association  shall  exceed 
ten,  such  certificate  need  not  state  the  names  of  any 
greater  number  of  persons  than  ten,  who  shall  be  the 
largest  shareholders;  and  if  such  association  of  persons 
be  formed  out  of  \he  United  States,  the  said  certificate 
need  not  contain  the  names  of  any  officers  or  managers 
other  than  those  resident  within  the  United  States,  nor 
any  statement  of  capital  not  employed  within  the  United 
States,  and  the  affidavit  may  be  made  by  the  chief  execu- 
tive officer  or  manager  in  the  United  States.  En.  March 
12,  1872.     Am'd.  1887,  8. 

§  608.  Same.  He  must  require  from  every  insur^ance 
association  not  formed  under  the  laws  of  this  state,  or 
not  incorporated,  carrying  on  the  business  of  insurance  by 
an  agent: 

1.  A  certified  or  verified  power  of  attorney,  or  written 
authority  to  such  agent; 

2.  A  notice  of  any  change  of  agents  or  in  the  powers 
of  any  agent,  within  ninety  days  after  such  change,  and 
a  certified  copy  of  any  new  or  further  power  of  attorney 
or  authority  before  the  same  is  'acted  under; 

3.  When  by  any  law,  agreement,  or  other  writing,  any 
change  is  made  in  request  to  any  of  the  particulars  set 
forth  in  the  certificate  on  file,  a  certified  copy  of  such 
law,  agreement,  or  other  writing,  verified  respectively  as 
certificates  are  required  to  be  verified;  also,  a  notice  of 
such  change  before  the  same  is  acted  under.  En.  March 
12,  1872. 

§  609.     May    determine    name   of   new   corporation.     The 

commissioner  must  require  the  name  under  which  any  cor- 
poration hereafter  proposes  to  be  formed  or  organized 
under  the  laws  of  this  state  for  the  transaction  of  insur- 
ance business,  to  be  submitted  to  him  before  the  com- 
mencement of  such  business;  and  he  may  reject  any  name 
or   title   so   submitted  when  the   same   is  an  interference 


§§  CIO,  «u  EXECirrrvE  officers.  izs 

with  or  to  similar  to  one  already  appropriated,  or  likely  to 
mislead  the  public  in  any  respect;  and  in  such  case  a 
name  not  liable  to  such  objection  must  be  chosen.  En. 
March  12,  1872. 

§  610.     Statements  to  be  made  by  insurance  companies. 

The  commissioner  must  i-equire  from  every  corporation  or 
person  doing  the  business  of  insurance  in  this  state,  state- 
ments verified  as  follows: 

1.  If  it  be  made  by  a  corporation  organized  under  the 
laws  of  this  state,  by  the  oaths  of  the  president  and  sec- 
retary, or  the  vice-president  and  secretary  thereof. 

2.  If  it  be  made  by  an  individual  or  firm,  by  the  oath 
of  such  individual  or  a  member  of  the  firm. 

3.  If  made  by  a  foreign  insurance  company  or  person, 
by  the  oath  of  the  principal  executive  officer  thereof,  or 
manager  residing  within  the  United  States.  En.  March 
12,  1872.     Am'd.  1873-4,  10;    1887,  9. 

§  611.  Statement,  contents,  publication  and  filing.  All 
corporations  or  persons  doing  the  business  of  insurance 
in  this  state  must  make  and  file  with  the  insurance  com- 
missioner, on  or  before  the  fifteenth  day  of  January  of 
each  year,  a  statement,  verified  by  the  oath  of  the  prin- 
cipal executive  oflBcer  or  manager  residing  in  this  state, 
showing  the  business  done  in  this  state  during  the  year 
ending  the  thirty-first  day  of  December  then  next  pre- 
ceding. They  shall  also  make  and  file  with  said  com- 
missioner, at  the  times  hereinafter  mentioned,  further 
statements,  which  must  exhibit  the  condition  and  affairs 
of  every  such  corporation,  person,  firm,  or  association, 
on  the  thirty-first  day  of  December,  then  next  preceding, 
which  statements,  as  adjusted  by  the  commissioner  upon 
a  proper  examination  of  the  same,  must  be  published 
by  such  corporation,  person,  firm,  or  association,  daily, 
for  the  period  of  one  week,  in  some  newspaper  published 
in  the  city  where  the  principal  office  in  this  state  is 
located.  Such  statement,  if  made  by  a  person  or  corpora- 
tion organized  under  the  laws  of  this  state,  must  be  filed 
with  the  commissioner  on  or  before  the  first  day  of  Feb- 
ruary of  each  year.  If  made  by  a  person  or  persons  resid- 
ing in,  or  corporation  organized  under  the  laws  of  any 
oth(>r  of  the  states  or  territories  of  the  United  States,  it 
must  be  filed  on  or  before  the  tenth  day  of  March  of  each 
year.  And  if  made  by  a  person,  or  corporation  organize  1 
under  the  laws  of  any  country  foreign  to  the  United  States, 
it  must  be  filed  on  or  before  the  first  day  of  May  of  each 
year.  En.  March  12,  1872.  Am'd.  1873-4,  10;  1877-8,  15; 
1887,  9. 


129  EXECUTIVE     OFFICERS.  §  612 

§  612.  Showing  to  be  made  in.  Such  statement,  if  made 
by  fire,  marine,  and  inland  insurance  companies,  or  by 
companies  organized  under  section  four  hundred  and. 
twenty  of  the  Civil  Code,  must  show: 

First — The  amount  of  the  capital  stock  of  the  company. 

Second — The  property  or  assets  held  by  the  company, 
specifying: 

1.  The  value  of  real  estate  held  by  said  company. 

2.  The  amount  of  cash  on  hand  and  deposited  in  banks 
to  the  credit  of  the  company,  specifying  the  same. 

3.  The  amount  of  cash  in  the  hands  of  agents,  and  in 
course  of  transmission. 

4.  The  amount  of  loans  secured  by  bonds  and  mortgages, 
constituting  the  first  lien  on  real  estate,  on  which  there 
is  less  than  one  year's  interest  due  or  owing. 

5.  The  amount  of  loans  on  which  interest  has  not  been 
paid  within  one  year  previous  to  such  statement. 

G.  The  amount  due  the  company  on  which  judgments 
have  been  obtained. 

7.  The  amount  of  stocks  of  this  state,  of  the  United 
States,  or  any  incorporated  city  of  this  state,  and  of  any 
other  stocks  owned  by  the  company,  specifying  the  amount, 
number  of  shares,  and  par  and  market  value  of  each  kind 
of  stocks. 

8.  The  amount  of  stocks  held  as  collateral  security  for 
loans,  with  the  amount  loaned  on  each  kind  of  stock,  its 
par  value  and  market  value. 

9.  The  amount  of  interest  due  and  unpaid. 

10.  The  amount  of  all  other  loans  made  by  the  com- 
pany, specifying  the  same. 

11.  The  amount  of  premium  notes  on  hand  on  whiich 
policies  are  issued. 

12.  All  other  property  belonging  to  the  company,  speci- 
fying the  same. 

Third — The  liabilities  of  such  company,  specifying: 

1.  The  amount  of  losses  due  and  unpaid. 

2.  The  amount  of  claims  for  losses  resisted  by  the  com- 
pany. 

3.  The  amount  of  losses  in  process  of  adjustment  or 
in  suspense,  including  all  reported  or  supposed  losses. 

4.  The  amount  of  dividends  declared,  due  and  remain- 
ing unpaid. 

5.  The   amount   of   dividends   declared,    but   not   due. 

6.  The  amount  of  money  borrowed  and  security  given 
for  the  payment  thereof. 

Pol.   Code— 9 

6 


§  612  EXECUTIVE   OFFICERS.  130 

7.  Gross  premium  (without  any  deductions)  received 
and  receivable  upon  all  unexpired  fire  risks,  running  one 
year  or  less  from  date  of  policy,  reinsurance  thereon  at 
fifty  per  cent. 

8.  Gross  premiums  (without  any  deductions)  received 
'and  receivable  upon  all  unexpired  fire  risks  running  more 
than  one  year  from  the  date  of  policy,  reinsurance  thereon 
pro  rata. 

9.  Gross  premiums  (without  any  deductions)  received 
and  receivable  upon  all  unexpired  marine  and  inland  nav- 
igation risks,  except  time  risks,  reinsurance  thereon,  at 
one  hundred  per  cent. 

10.  Gross  premiums  (without  any  deductions)  received 
and  receivable  on  marine  time  risks,  reinsurance  thereon 
at  fifty  per  cent. 

11.  Amount  reclaimable  by  the  insured  on  perpetual 
fire  insurance  policies,  being  ninety-five  per  cent  of  the 
premiums  or  deposit  received. 

12.  Reinsurance  fund  and  all  other  liabilities,  except 
capital,  under  the  life  insurance  or  any  other  special  de- 
partment. 

13.  Unused  balances  of  bill..  Xid  notes  taken  in  advance 
for  premiums  on  open  marine  and  inland  policies,  or  other- 
wise,  returnable   on   settlement. 

14.  Principal  unpaid  on  scrip  or  certificates  of  profits, 
which  have  been  authorized  or  ordered  to  be  redeemed. 

15.  Amount  of  all  other  liabilities  of  the  company,  speci- 
fying the  same. 

Fourth — The  income  of  the  company  during  the  preced- 
ing year,  specifying: 

1.  The  amount  of  cash  premiums  received. 

2.  The  amount  of  notes  received  for  premiums. 

3.  The  amount  of  interest  money  received,  specifying 
the  same. 

4.  The  amount  of  income  received  from  all  other  sour- 
ces, specifying  the  same. 

Fifth — The  expenditures  of  the  preceding  year,  specify- 
ing: 

1.  The  amount  of  losses  paid. 

2.  The  amount  of  dividends  paid. 

3.  The  amount  of  expenses  paid,  including  commissions 
and  fees  to  agents  and  officers  of  the  company. 

4.  The  amount  paid   for  taxes. 

5.  The  amount  of  all  other  payments  and  expenditures. 


130a  EXECUTIVE   OFFICERS.  §  612a 

Sixth: 

1.  The  amount  of  risks  written  during  the  year. 

2.  The  amount  of  risks   expired  during  the  year. 

3.  The  amount  of  risks  written  during  the  year  in  the 
state  of  California. 

4.  The  amount  of  premiums  thereon. 

Provided,  that  any  foreign  fire,  marine,  or  inland  in- 
surance company,  incorporated  or  not  incorporated,  doing 
business  within  this  state,  having  on  deposit  at  any  place 
within  the  United  States,  assets  to  the  amount  of  two 
hundred  thousand  dollars  over  and  above  its  liabilities 
in  the  United  States,  as  security  for  the  policy  holders 
therein,  may  at  its  option  make  a  separate  statement  to 
the  insurance  commissioner  of  its  foreign  business  and 
assets,  but  shall  be  required  to  return  only  the  business 
done  in  the  United  States,  and  the  assets  held  by  or  for 
it  within  the  United  States  for  the  protection  of  policy 
holders  therein.  En.  March  12,  1872.  Am'd.  1877-8,  15; 
1887,  5. 

§  612a.  Liability  insurance  companies;  liabilities,  what 
shall  be  charged  as;  reserve  fund,  how  computed;  state- 
ment to  the  insurance  commissioner.  In  estimating  the 
condition  of  any  person  engaged  in  the  business  of  lia- 
bility insurance  under  the  provisions  of  this  article  the 
insurance  commissioner  shall  charge  as  liabilities  all  out- 
standing indebtedness  of  such  person,  and  the  premium 
reserve  on  policies  in  force,  equal  to  the  unearned  por- 
tions of  the  gross  premiums  charged  for  covering  the  risks, 
computed  on  each  respective  risk  from  the  date  of  the 
issuance  of  the  policy.  There  shall  also  be  charged  as  a 
liability  to  each  person  engaged  in  the  business  of  insur- 
ing anyone  against  loss  or  damage  resulting  from  acci- 
dent to  or  injury  suffered  by  an  employee  or  other  per- 
son for  which  the  person  insured  may  be  liable  whether 
a  natural  person,  a  firm  or  a  corporation  organized  under 
the  l\ws  of  this  or  any  other  state  or  county  a  further 
reserve  as  hereinafter  prov  ded.  For  the  purpose  of  com- 
puting said  reserve,  each  person  who  has  been  engaged 
in  liability  underwriting  for  ten  years  or  more,  shall,  on 
or  before  the  first  day  of  October  in  each  year,  state  in 
writing  to  the  insurance  commissioner  his  experience  in 
the  United  States,  under  all  forms  of  liability  policies, 
each  year  separately  according  to  the  calendar  years  in 
which  the  policies  were  written,  during  a  period  of  five 


§  612a  EXECUTIVE   OFFICERS.  130b 

years  commencing  ten  years  previous  to  the  thirty-first  day 
of  December  of  the  year  in  which  the  statement  is  made, 
in  the  following  particulars,  namely:  the  number  of  per- 
sons reported  injured  under  all  of  the  forms  of  liability 
policies,  whether  such  injuries  were  reported  to  the  home 
office  of  the  given  person  or  to  any  of  his  representatives; 
the  amount  of  all  payments  made  on  account  or  in  con- 
sequence of  injuries  reported  under  such  policies;  the  num- 
ber and  amount,  separately,  of  all  suits  or  actions  against 
policy  holders  under  such  policies  which  have  been  settled, 
either  by  payment  or  compromise;  both  of  the  above 
amounts  to  be  ascertained  as  of  date  of  the  thirty-first  day 
of  August  of  the  year  in  which  the  statement  is  made,  and 
to  include  in  the  case  of  suits  all  payments  made  on  ac- 
count or  in  consequence  of  the  injury  from  which  the  suit 
arose,  whether  prior  to  or  later  than  the  date  at  which  the 
suit  was  brought.  Each  such  person  shall  thereupon  re- 
serve upon  all  said  kind  of  policies,  irrespective  of  the  date 
at  which  the  policies  were  issued  (1)  for  each  suit  or  action 
pending,  on  injuries  reported  prior  to  eighteen  months  pre- 
vious to  the  date  of  making  the  statement,  whether  such 
injuries  were  reported  to  the  home  office  of  the  given  per- 
son or  to  any  of  his  representatives,  and  which  is  being 
defended  for  or  on  account  of  the  holder  of  any  such  pol- 
icy the  average  cost  thereof  as  shown  by  said  experience, 
and  (2)  for  injuries  reported  under  such  policies  at  any 
time  within  eighteen  months,  whether  such  injuries  were 
reported  to  the  home  office  of  the  given  person  or  to  any 
of  his  representatives,  the  average  cost  for  each  injured 
person  as  shown  by  said  experience.  From  the  sum  so 
ascertained  the  person  may  deduct  (1)  the  amount  of  all 
payments  or  said  pending  suits  on  injuries  reported  prior 
to  eighteer  month.s,  including  all  payments  made  on  ac- 
count or  in  consequence  of  the  injury  from  which  the  suit 
arose,  whether  prior  to  or  later  than  the  date  at  which  the 
suit  was  brought,  and  (2)  the  amount  of  all  payments 
made  on  account  or  in  consequence  of  said  injuries  re- 
ported within  eighteen  months:  both  of  the  above  amounts 
to  be  taken  as  of  the  date  at  which  the  statement  is  made. 
Any  person  who  now  issues,  or  shall  hereafter  issue,  lia- 
bility policies  as  aforesaid,  and  who  has  not  been  engaged 
in  liability  underwriting  for  ten  years,  shall  nevertheless, 
until  such  times  as  he  may  be  able  to  state  his  experience 
of  the  period  hereinbefore  required,  make  and  maintain  a 
reserve  upon  all  said  kind  of  policies,  irrespective  of  the 


131  EXECUTIVE    OFFICERS.  §  613 

date  at  which  the  policies  were  issued,  determined  as  fol- 
lows: 

(1)  Suit  or  action  pending.  For  each  suit  or  action 
pending,  on  injuries  reported  prior  to  eighteen  months  pre- 
vious to  the  date  of  making  the  statement,  whether  such 
Injuries  were  reported  to  the  home  office  of  the  given  per- 
son or  to  any  of  his  representatives,  and  which  is  being 
defended  for  or  on  account  of  the  holder  of  any  such  pol- 
icy the  average  cost  thereof  as  shown  by  the  average  of 
said  experience  of  all  other  persons  stated  as  required  by 
this  section,  and  (2)  for  injuries  reported  under  such  pol- 
ices at  any  time  within  eighteen  months,  whether  such 
injuries  were  reported  to  the  home  office  of  the  given  per- 
son or  to  any  of  his  representatives,  the  average  cost  for 
each  injured  person  as  shown  by  the  average  of  said  ex- 
perience of  all  other  persons  stated  as  required  by  this 
section;  which  average  costs  for  suits  and  for  injured  per- 
sons shall  be  furnished  by  the  insurance  commissioner  to 
each  such  person  on  or  before  the  first  day  of  December, 
in  each  year.  From  the  sum  so  ascertained  each  such 
person  may  deduct  (1)  the  amount  of  all  payments  on  said 
pending  suits  on  injuries  reported  prior  to  eighteen  months, 
including  all  payments  made  on  account  or  in  consequence 
of  the  injury  from  which  the  suit  arose,  whether  prior  to 
or  later  than  the  date  at  which  the  suit  was  brought,  and 
(2)  the  amount  of  all  payments  made  on  account  or  in  con- 
sequence of  said  injuries  reported  within  eighteen  months; 
both  of  the  above  amounts  to  be  taken  as  of  the  date  at 
which  the  statement  is  made.     En.  Stats.  1905,  380. 

§  613.  Statement  by  life,  health,  and  accident  com- 
panies. Such  statement,  if  made  by  life,  health,  and  ac- 
cident companies,  must  show: 

First — The  amount  of  the  capital  stock  of  the  company. 

Second — The  property  or  assets  held  by  the  company, 
specifying: 

1.  The  value  of  the  real  estate  held  by  the  company. 

2.  The  amount  of  cash  on  hand  and  deposited  in  banks 
to  the  credit  of  the  company,  specifying  the  same. 

3.  The  amount  of  loans  secured  by  bond  and  mortgage 
on  real   estate,   specifying  the   same. 

4.  Amount  of  loans  secured  by  pledge  of  bonds,  stocks, 
or  other  marketable  securities  as  collateral,  specifying  the 
same. 

5.  Cash  market  value  of  all  stocks  and  bonds  owned 
by  the  company,  specifying  the  same. 


§  t;]3  EXECUTIVE    OFFICERS.  132 

6.  Interest   due   the   company   and   unpaid. 

7.  Interest  accrued,  but  not  due. 

8.  Premium  notes  and  loans  in  any  form  talcen  in  pay- 
ment of  premiums  on  policies  now  in  force'. 

9.  Gross  amount  of  premiums  in  process  of  collection 
and   transmission  on  policies  in  force. 

10.  Gross  amount  of  deferred  premiums. 

11.  All  other  assets,  specifying  the  same. 

Third — Liabilities. 

1.  Claims  for  ^eath  losses  and  m.atured  endowments, 
due   and  unpaid. 

2.  Claims  for  death  losses  and  matured  endowments 
in   process  of  adjustment,  or, adjusted  and  not  due. 

3.  Claims  resisted  by  the  company. 

4.  Amounts  due  and  unpaid  on  annuity  claims. 

5.  Trust  fund,  on  deposit,  or  net  present  value  of  all 
the  outstanding  policies,  computed  according  to  the  Ameri- 
can Experience  Tables  of  Mortality,  with  four  and  one-half 
per  cent  interest. 

6.  Additional  trust  fund  on  deposit,  or  net  present  value 
of  extra  and  special  risks,  including  those  on  impaired 
lives. 

7.  Amount  of  all  unpaid  dividends  of  surplus  percent- 
ages, bonuses,  and  other  description  of  profits  to  policy 
holders,  and  interest  thereon. 

8.  Amount  of  any  other  liability  to  policy  holders,  or 
annuitants    not    included    above. 

9.  Amount  of  dividends  unpaid  to  stockholders. 

10.  Amount  of  national,  state,  and  other  taxes  due. 

11.  All  other  liabilities,  specifying  the  same. 

Fourth — Income. 

1.  Cash  received  for  premiums  on  new  policies  during 
the  year. 

2.  Cash  received  for  renewal  of  premiums  during  the 
year. 

3.  Cash    received   for   purchase  of  annuities. 

4.  Cash  received  for  all  other  premiums. 

5.  Cash  received  for  interest  on  loans,  specifying  the 
same. 

6.  Rents  received. 

7.  Cash  received  from  all  other  sources,  specifying  the 
same. 

8.  Gross  amount  of  notes  taken  on  account  of  new 
premiums. 


183  EXECUTIVE   OFFICERS.  §§  614,  615 

9.  Gross  amount  of  notes  taken  on  account  of  renewal 
premiums. 
Fifth — Expenditures. 

1.  Cash  paid  for  losses. 

2.  Cash  paid  to  annuitants. 

3.  Cash  paid  for  lapsed,  surrendered,  and  purchased 
policies. 

4.  Cash    paid    for    dividends    to    policy   holders. 

5.  Cash   paid   for   dividends   to   stockholders. 

6.  Cash  paid  for  reinsurances. 

7.  Commission  paid  to  agents. 

8.  Salaries  and  other  compensation  of  officers  and  em- 
ployees,  except   agents    and    medical    examiners. 

9.  Medical  examiners'  fees  and  salaries. 

10.  Cash  paid  for  taxes. 

11.  Cash  paid  for  rents. 

12.  Cash  paid  for  commuting  commissions. 

13.  All  other  cash  payments. 

Sixth — Balance  sheet  of  premium  note  account. 

Seventh — Balance  sheet  of  all  the  business  of  the  com- 
pany. 

Eighth: 

1.  Total  amount  of  insurance  effected  during  the  year  on 
new  policies. 

2.  Total  amount  of  insurance  effected  during  the  year 
in  the  state  of  California. 

3.  Premiums  received  during  the  year  on  risks  written 
in  the  state  of  California.     En.  March  12,  1872. 

§  614.  Stock  notes,  how  computed.  Mutual  companies 
formed,  existing,  and  doing  business  under  an  act  entitled 
"An  act  to  provide  for  the  incorporation  of  mutual  insur- 
ance companies,"  passed  April  twenty-sixth,  eighteen  hun- 
dred and  fifty-one,  may  report  their  approved  stock  notes 
as  capital  paid  up,  and  such  notes  for  all  purposes  must 
be  deemed  part  of  the  paid-up  capital  stock  of  such  corpo- 
ration.    En.  March  12,  1872. 

§  615.  To  furnish  blanks.  The  insurance  commis- 
sioner must  cause  to  be  prepared,  and  furnish  to  each  per- 
son and  to  each  of  the  companies  incorporated  in  this 
state,  and  to  the  attorney  of  each  of  the  companies  in- 
corporated or  chartered  by  other  states  and  foreign  gov- 
ernments, printed  forms  of  the  statements  herein  required; 
and  he  may  make  such  changes  from  time  to  time  in  the 


§  616  EXECUTIVE     OFFICERS.  134 

form  of  the  same  as  seems  to  him  best  adapted  to  elicit 
from  the  companies  a  true  exhibit  of  their  condition  in 
respect  to  the  several  points  hereinbefore  enumerated. 
The  same  forms  must  be  addressed  to  all  persons  and 
companies  engaged  in  the  same  kind  of  business.  En. 
March  12,  1872. 

§  616.     Agent  upon  whom  process  may  be  served.     The 

insurance  commissioner  must  require,  as  a  condition  pre- 
cedent to  the  transaction  of  insurance  business  in  this 
state  by  any  foreign  corporation  or  company,  that  such 
corporation  or  company  must  file  in  his  office  the  name 
of  an  agent  and  his  place  of  residence  in  this  state,  on 
whom  summons  ami  other  process  may  be  served  in  all 
actions  or  other  legal  proceedings  against  such  corporation 
or  company.  All  process  so  served  gives  jurisdiction 
over  the  person  of  such  corporation  or  company.  The 
agent  so  appointed  and  designated  shall  be  deemed  in 
law  a  general  agent,  and  must  be  the  principal  agent  or 
chief  manager  of  the  business  of  such  corporation  or  com- 
pany in  this  state.  Any  such  foreign  corporation  or  com- 
pany shall,  as  a  further  condition  precedent  to  the  trans- 
action of  insurance  business  in  this  state,  and  in  consid- 
eration of  the  privilege  to  transact  such  insurance  busi- 
ness in  this  state,  make  and  file  with  the  insurance  com- 
missioner an  agreement  or  stipulation,  executed  by  the 
proper  authorities  of  such  corporation  or  company,  in 
form  and  substance  as  follows:  The  (giving  name  of  cor- 
poration or  company)  does  hereby  stipulate  and  agree,  that 
in  consideration  of  the  permission  granted  by  the  state 
of  California  to  it  to  transact  insurance  business  in  this 
state,  that  if  at  any  time  said  corporation  or  company 
shall  be  without  an  agent  in  said  state,  on  whom  sum- 
mons or  other  legal  process  may  be  served,  service  of 
such  summons  or  other  legal  process  may  be  made  upon 
the  insurance  commissioner,  such  service  upon  the  com- 
missioner to  have  the  same  force  and  effect  as  if  made 
upon  the  corporation  or  company.  Whenever  such  ser- 
vice of  summons  or  other  legal  process  shall  be  made 
upon  the  insurance  commissioner,  he  must,  within  ten 
days  thereafter,  transmit  by  mail,  postage  paid,  a  copy 
of  such  summons  or  other  legal  process  to  the  company 
o-  corporation,  addressed  to  the  president  or  secretary 
thereof,  at  its  home  or  principal  office.  Such  copy  must 
be  certified  by  the  commissioner,  under  his  hand  and 
official   seal,   and    the   sending  of   such    copy   by   the   said 


135  EXECUTIVE    OFFICERS.  §§  617,  618 

commissioner  sliall  be  a  necessary  part  of  the  service 
of  summons  or  other  legal  process.  En.  March  12,  1872. 
Am'd.  1873-4,  C3;    1877-8,  17. 

Cal.  Rep.  Cit.     95,  600;  128,  537;  128,  538;  128,  539. 

Agent  upon  whom  process  may  be  served:  See  post, 
sec.  633. 

§  617.  Penalty  for  failure  to  make  statement.  The  com- 
missioner must  collect  the  sum  of  one  hundred  dollars 
from  any  company  or  corporation  engaged  in  the  busi- 
ness of  insurance  in  this  state,  for  a  failure  to  make  and 
file  in  his  office  within  the  time  prescribed  by  law,  the 
statements  and  stipulations  required  by  sections  six  hun- 
dred and  ten,  six  hundred  and  eleven,  six  hundred  and 
twelve,  six  hundred  and  thirteen,  and  six  hundred  and 
sixteen  of  this  code,  and  an  additional  penalty  of  two 
hundred  dollars  for  each  and  every  month  or  fractional 
part  of  a  month  thereafter  that  such  company  or  corpo- 
ration continues  to  transact  the  business  of  insurance  un- 
til such  statements  and  stipulations  are  filed;  and  for  that 
purpose  suits  may  be  instituted  by  the  insurance  com- 
missioner, in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, in  any  court  of  competent  jurisdiction.  And  for 
all  lawful  expenses  incurred  under  this  section  or  any 
other  section  of  this  code,  in  the  prosecution  of  any  suit 
or  proceeding  for  the  enforcement  of  the  insurance  laws 
of  this  state,  the  insurance  commissioner  must  present 
bills  duly  certified  by  him,  with  the  vouchers,  to  the  state 
board  of  examiners,  who  must  allow  the  same  and  direct 
payment  thereof  to  be  made;  and  the  controller  shall 
draw  warrants  thereto  •  on  the  treasurer  for  the  payment 
of  the  same  to  the  insurance  commissioner  (in  addition  to 
the  ordinary  contingent  expenses)  out  of  the  general  fund. 
En.  March  12,  1872.  Am'd.  1873-4,  65;  1877-8,  18;  1887, 
11. 

§  618.  Securities  deposited  by  companies.  Whenever 
the  laws  of  any  state  of  the  United  States,  or  of  any  coun- 
try foreign  to  the  United  States,  require  any  insurance 
company  or  corporation  organized  under  the  laws  of  this 
state  to  deposit  with  some  officer  of  this  state  securities  in 
trust  for  and  for  the  benefit  of  the  policy  holders  of  such 
company  or  corporation,  as  a  prerequisite  to  transacting 
insurance  business  in  such  other  state  or  foreign  country, 
and  whenever,  under  any  laws  of  this  state,  any  insurance 
company  or  corporation  is  required  to  deposit  with  any 


§§  619,  620  EXECUTIVE    OFFICERS.  136 

officer  of  this  state  securities  in  trust  for  and  for  the 
benefit  of  policy  holders  of  such  company  or  corporation, 
the  insurance  commissioner  of  this  state  must  receive  from 
such  company  or  corporation  securities  in  the  amount  re- 
quired by  the  law  under  which  such  deposit  is  made,  on 
deposit  and  in  trust  for  the  policy  holders  of  such  com- 
pany or  corporation.  The  value  of  such  securities  must 
Le  equal  to  the  value  in  interest-bearing  stocks  and  bonds 
of  the  United  States  government,  but  none  of  such  securi- 
ties must  be  estimated  above  the  par  value  of  the  same, 
nor  above  their  market  value.  The  commissioner  must, 
upon  the  receipt  of  such  securities,  forthwith  make  a  spe- 
cial deposit  of  the  same  in  the  state  treasury,  in  pack- 
ages marked  with  the  name  of  the  company  or  corpora- 
tion from  whom  received,  where  they  must  remain  as  se- 
curity for  policy  holders  in  the  company  or  corporation  to 
which  they  respectively  belong;  but  so  long  as  the  com- 
pany or  corporation  continues  solvent,  he  must  permit 
it  to  collect  the  interest  or  dividends  on  the  securities  so 
deposited,  and  from  time  to  time  withdraw  any  such  se- 
curities on  depositing  other  securities  in  the  stead  of  those 
to  be  withdrawn;  such  new  securities  to  be  of  the  same 
value  mentioned  in  this  section,  but  such  securities  must 
not  be  withdrawn  from  the  state  treasury  unless  upon  the 
v.-^ritten  order  of  the  acting  president  and  secretary  of  the 
corporation  making  the  deposits,  which  order  must  be 
indorsed  by  the  commissioner,  or  upon  the  order  and 
authority  of  some  court  of  competent  jurisdiction.  En. 
March  12,  1872.     Am'd.  1877-8,  18. 

§  619.  Deposits,  receipts  for.  "Whenever  any  insurance 
company  or  corporation  has  deposited  with  the  commis- 
sioner the  requisite  security,  in  conformity  with  the  re- 
quirements of  the  preceding  section,  the  commissioner 
must  issue  to  such  company  or  corporation  a  certificate, 
under  his  official  seal,  of  such  deposit,  for  each  state  or 
country  requiring  the  same;  which  said  certificate  must 
state  the  items  and  amount  of  securities  so  deposited,  and 
that  they  are  of  the  value  therein  represented.  En.  March 
12.  1872.     Am'd.  1877-8,  19. 

§  620.  Deposits  returned,  when.  Whenever  any  insur- 
ance company  or  corporation  so  depositing  securities  with 
the  commissioner,  has  paid,  canceled  or  reinsured  all  its 
unexpired  policies  outstanding  in  the  state,  satisfactorily 


137  EXKCUTIVE    OFFICERS.  §§  621,  622 

to  the  holders  thereof,  and  all  its  liabilities  under  such 
policies  are  extinguished  or  assumed  by  other  responsible 
companies  or  corporations,  then,  if  on  application  of  such 
company,  or  corporations,  verified  by  the  oaths  of  its 
president  and  secretary,  and  from  an  examination  of  the 
books  of  the  corporation,  and  of  its  officers,  under  oath, 
the  insurance  commissioner  is  satisfied  that  all  of  its . 
policies  are  so  paid,  canceled,  extinguished,  or  reinsured, 
he  must  deliver  up  to  the  corporation  the  securities  de- 
posited. And  whenever  the  laws  of  any  other  state  or 
country,  by  reason  of  which  section  six  hundred  and  twen- 
ty-two of  the  Political  Code  of  this  state  is  brought  into 
force,  shall  be  repealed  and  abrogated,  and  any  deposit 
which  shall  have  been  made  with  the  commissioner,  under 
and  by  reason  of  said  section  six  hundred  and  twenty-two 
of  the  Political  Code,  must  be  delivered  up  to  the  company 
or  corporation  making  the  deposit.  En.  March  12,  1872, 
Am'd.  1877-8,  19. 

§  621.  Examination  of  securities,  deficiencies.  The  com- 
missioner must  make  an  annual  examination  of  the  securi- 
ties received  by  him  from  each  insurance  company  or 
corporation,  and  if  it  appear  at  any  time  that  the  securities 
deposited  by  any  such  company  or  corporation  amount  to 
less  than  the  sum  required  for  the  purposes  for  which  the 
deposit  was  made,  he  must  notify  the  company  or  corpora- 
tion thereof,  and  unless  the  deficiency  is  made  up  within 
thirty  days  after  notice  the  commissioner  must  counter- 
mand all  the  certificates  he  may  have  issued  to  the  com- 
pany or  corporation  under  this  chapter,  and  give  notice 
thereof  to  the  officers  of  the  several  states  to  whom  the 
certificate  may  have  been  transmitted;  and  he  must  also 
publish  the  notice  for  three  weeks  successively  in  some 
daily  newspaper  published  in  the  city  of  San  Francisco,  at 
the  expense  of  the  company  or  corporation,  to  be  collected 
by  assessment  upon  the  company  or  corporation,  or  its 
duly  appointed  agent  in  this  state.  En.  March  12,  1872. 
Am'd.  1877-8,  19. 

§  622.  Retaliatory  clause.  When  by  the  laws  of  any 
other  state  or  country,  any  taxes,  fines,  penalties,  licenses, 
fees,  deposits  of  money,  or  of  securities,  or  other  obliga- 
tions, or  prohibitions,  are  imposed  on  insurance  compan- 
ies of  this  state,  doing  business  in  such  other  state  or 
country,  or  upon  their  agents  therein,  in  excess  of  such 
taxes,  fines,  penalties,  licenses,  fees,  deposits  of  securities, 


§  622a  EXECUTIVE    OFFICERS.  138 

or  other  obligations  or  prohibitions,  imposed  upon  insur- 
ance companies  of  such  other  state  or  country,  so  long  as 
such  laws  continue  in  force,  the  same  obligations  and 
prohibitions  of  whatsoever  kind  must  be  imposed  upon  in- 
surance companies  of  such  other  state  or  country  doing 
business  in  this  state.  And  whenever  under  this  section 
any  deposit  of  security  shall  be  made  in  this  state,  such 
deposit  shall  be  made  in  stocks  or  bonds  of  the  United 
States  government,  or  in  those  of  the  state  of  California, 
or  in  interest-bearing  bonds  of  any  of  the  counties  or  in- 
corporated cities  and  towns  of  the  state  of  California  not 
in  default  for  interest  on  such  bonds,  which  said  securities 
must  be  estimated  at  not  exceeding  their  par  value  nor 
their  market  value.  En.  March  12,  1872.  Am'd.  1873-4, 
11;  1877-8,  20;  1897,  242. 
Cal.  Rep.  Cit.     74,  122. 

S  622a.  Foreign  insurance  corporations  other  tlian  life, 
tax  on  premiums.  Every  insurance  company  or  associa- 
tion other  than  life,  not  organized  or  incorporated  under 
the  laws  of  California,  and  doing  business  in  this  state, 
and  every  other  insurance  company  other  than  life,  whose 
charter  may  be  owned,  or  a  majority  of  whose  stock  may 
be  controlled,  or  whose  business  may  be  carried  on  in 
the  interest,  or  for  the  benefit  of  any  insurance  company 
or  association  not  organized  or  incorporated  under  the  laws 
of  California,  shall  annually  pay  to  the  insurance  com- 
missioner, for  the  state,  a  tax  of  two  (2)  per  cent  upon  the 
amount  of  the  gross  premiums  received  upon  its  business 
done  in  the  state,  during  the  year  ending  on  the  preceding 
thirty-first  day  of  December,  less  return  premiums,  rein- 
surance in  companies  or  associations  authorized  to  do 
business  in  this  state,  and  losses  actually  paid  on  its  busi- 
ness in  this  state,  and  every  life  insurance  company  or  as- 
sociation not  organized  or  incorporated  under  the  laws  of 
California,  which  does  business  or  collects  premiums  or 
assessments  in  the  state,  shall  annually  pay  to  the  insur- 
ance commissioner,  for  the  state,  a  tax  of  one  per  cent 
upon  the  amount  of  the  gross  premiums  received  upon  its 
busines.s  done  in  this  state  during  the  year  ending  on  the 
preceding  thirty-first  day  of  December.  This  section  shall 
not  be  held  or  construed  so  as  to  relieve  any  company  or 
organization  from  any  tax,  fee  or  other  obligation  or 
charge  imposed  upon  it  by  the  provisions  of  section  six 
hundred  and  twenty-two  of  this  code,  and  whenever  the 
taxes  imposed   by  the  application  of  section  six  hundred 


139  EXECUTIVE   OFFICERS.  §§  ^'^S-G-^^ 

and  twenty-two  exceed  those  imposed  by  the  application 
of  this  section  th3  provisions  of  the  former  section  shall 
prevail.     En.   Stats.  1903,  359.     Am'd.  1905,  136. 

§  623.  Bonds  to  be  filed.  The  commissioner  must  re- 
quire every  company,  association,  or  individual,  not  incor- 
porated under  the  laws  of  this  state,  and  proposing  to 
transact  insurance  business  by  agent  or  agents  in  this 
state,  before  commencing  such  business  to  file  in  his  office 
a  bond,  to  be  signed  by  the  person  or  firm,  officer  or  agent, 
as  principal,  with  two  sureties,  to  be  approved  by  the  com- 
missioner, in  the  penal  sum  of  two  thousand  dollars  for 
each  insurance  company,  association,  firm,  or  individual 
for  whose  account  it  is  proposed  to  collect  premiums  of 
insurance  in  this  state,  the  conditions  of  such  bonds  to  be 
as  follows: 

1.  That  the  person  or  firm,  agent,  or  officer  named 
therein,  acting  on  behalf  of  the  company,  association,  firm, 
or  individual  named  therein,  will  pay  to  the  treasurer  of 
the  county,  or  city  and  county,  in  which  the  principal 
oifice  of  the  agency  is  located,  such  sum  per  quarter,  quar- 
terly in  advance,  for  a  license  to  transact  an  insurance 
business,  or  such  other  license  as  may  be  imposed  by  law, 
so  long  as  the  agency  remains  in  the  hands  of  the  person 
or  firm,  officer,  or  agent  named  as  principal  in  the  bond. 

2.  That  the  person  or  firm,  officer,  or  agent,  will  pay  to 
the  state  all  stamp  or  other  duties  on  the  gross  amounts 
insured  by  them,  in  the  manner  and  at  the  time  prescribed 
by  law,  inclusive  of  renewals  on  existing  policies. 

3.  That  the  person,  firm,  agent,  or  corporation  named 
therein,  will  conform  to  all  the  provisions  of  the  revenue 
and  other  laws  made  to  govern  them.     En.  March  12,  1872. 

§  624.  Same.  Whenever  the  same  person,  firm,  oflicer, 
or  agent  desires  to  collect  premiums  of  insurance  for  more 
than  one  company,  association,  or  individual,  not  incor- 
porated under  tlie  laws,  of  this  state,  the  commissioner 
must  require  a  separate  bond,  as  provided  in  the  preceding 
section,  for  each  company  or  association  so  represented  by 
such  person,  firm,  officer,  or  agent.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     74,  122. 

§  625.  To  furnish  assessor  witli  certain  information. 
The  commissioner  must,  before  the  commencement  of  each 


§§  626-630  EXECUTIVE  OFFICERS.  140 

fiscal  year  as  fixed  in  the  revenue  laws,  furnisli  the  asses- 
sor of  the  county  in  which  the  principal  office  of  any  per- 
son or  corporation  doing  the  business  of  insurance  is  situ- 
ated, all  the  data  concerning  premiums  collected  by,  and 
all  other  necessary  information  in  relation  to  the  business 
of  su'ch  person  or  corporation  as  will  assist  the  assessor  in 
the  performance  of  his  duties.     En.  March  12,  1872. 

§  626.  Securities.  The  commissioner  must  require  from 
every  person,  before  and  after  engaging  in  the  business  of 
insurance,  a  full  compliance  with  all  the  provisions  of 
title  II,  part  IV,  division  I,  of  the  Civil  Code  applicable 
thereto;  and  every  person  neglecting  to  comply  with  such 
requirements  is  subject  to  the  fines  and  penalties  therein 
prescribed.     En.  March  12,  1872. 

Insurance  corporations:    See  Civ.  Code,  sees.   414-450. 

§  627.     Statement  to  be  based  on  gold  coin  values.     All 

statements,  estimates,  percentages,  payments,  and  calcu- 
lations required  by  this  chapter  to  be  made,  either  by  the 
commissioner  or  persons  engaged  in  the  business  of  fire 
or  marine  insurance,  must  be  in  gold  coin  of  the  United 
States.     En.  March  12,  1872. 

§  628.  Salary  of  commissioner.  The  annual  salary  of 
the  insurance  commis.sioner  is  three  thousand  dollars. 
En.  March  12,  1872.     Am'd.   1880,  88. 

§  629.  Salary  of  deputy.  The  annual  salary  of  the  dep- 
uty of  the  insurance  commissioner  is  eighteen  hundred  dol- 
lars.    En.   March   12,  1872.     Am'd.   1880,   88;    1887,   12. 

Deputy  is  an  executive  officer:  Ante,  sec.  343. 

§  630.  Contingent  expenses.  The  commissioner  may 
procure  rooms  for  his  office  at  a  rent  not  to  exceed  seven- 
ty-five dollars  per  month,  and  may  provide  a  suitable 
safe  and  furniture  therefor;  he  may  also  provide  station- 
ery, fuel,  printing,  and  other  conveniences  necessary  for 
the  transaction  of  the  business  of  his  office.  Out  of  the 
funds  paid  into  the  state  treasury  by  the  insurance  com- 
missioner, there  shall  be  set  aside  and  reserved  each  and 
every  year  the  sum  of  two  thousand  dollars,  as  a  special 
fund,  to  be  called  the  insurance  commissioner's  special 
fund.     All  expenditures  authorized  in  this  section  must  be 


141  EXECUTIVE  OFFICERS.  §i5  631-633 

audited  by  the  board  of  examiners,  who  must  allow  the 
same  and  direct  payment  thereof  to  be  made;  and  the  con- 
troller shall  draw  warrants  therefor  on  the  state  treasury 
for  the  payment  of  the  same  to  the  insurance  commis- 
sioner out  of  the  said  insurance  commissioner's  special 
fund.     En.  March  12,  1872.     Am'd.  1887,  12. 

§  631.  Location  of  office.  The  commissioner  must  keep 
his  office  in  the  city  of  San  Francisco.     En.  March  12,  1872. 

§  632.  Official  bond.  The  commissioner  must  execute 
an  official  bond  in  the  sum  of  ten  thousand  dollars.  En. 
March  12,  1872. 

Official  bonds:  Generally,  see  post,  sees.  947-986. 

§  633.     Conditions    precedent    to    license    of    agent.     No 

person  shall,  in  this  state,  act  as  the  agent  or  solicitor  of 
any  life  insurance  company  doing  business  in  this  state 
until  he  has  produced  to  the  commissioner,  and  filed  with 
him,  a  duplicate  power  of  attorney  from  the  company,  or 
its  authorized  agent,  authorizing  him  to  act  as  such  agent 
or  solicitor.  Upon  filing  such  power,  the  commissioner 
shall  issue  a  license  to  him  to  act  as  such  agent  or  solici- 
tor for  such  company,  if  such  company  has  received  a  cer- 
tificate of  authority  from  such  commissioner  to  do  busi- 
ness in  this  state.  Such  license  shall  continue  in  force 
twelve  months  from  the  date  thereof,  but  may  be  and  shall 
be  sooner  revoked  upon  application  of  the  company  or 
its  authorized  agent.  Such  license  may  be  renewed,  from 
time  to  time,  for  an  additional  period  of  twelve  months, 
on  production,  by  the  holder,  to  the  commissioner,  of  a 
certificate  from  the  company  that  such  person's  authority 
as  such  agent  or  solicitor  continues.  For  each  such  li- 
cense or  renewal  thereof,  the  commissioner  shall  receive 
the  sum  of  one  dollar.  The  commissioner  shall  keep  an 
alphabetical  list  of  the  names  of  the  persons  to  whom  such 
licenses  shall  be  issued,  with  the  date  of  the  license  and 
renewal,  and  the  name  of  the  company  for  whom  such 
person  is  working.  If  any  person  shall,  under  a  false  or 
fictitious  name,  procure,  or  attempt  to  procure,  a  license 
to  act  as  agent  or  solicitor  of  any  life  insurance  company, 
he  shall  be  guilty  of  a  misdemeanor.  Every  person  who, 
in  this  state,  procures,  or  agrees  to  procure,  any  insurance 
for  a  resident  of  this  state  from  any  insurance  company 


§  633  EXECUTIVE   OFFICERS.  142 

not  incorporated  under  the  laws  of  this  state,  unless  such 
company  or  its  agent  has  filed  the  bond  required  by  the 
laws  of  this  state  relating  to  insurance,  and  obtained  from 
the  commissioner  a  certificate  of  authority  to  do  business, 
and  every  person  who  solicits  or  procures  any  life  insur- 
ance without  having  been  duly  licensed  so  to  do  by  the 
commissioner,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  accordingly.  The  in- 
surance commissioner  must  require,  as  a  condition  pre- 
cedent to  the"  transaction  of  life  insurance  business  in 
this  state,  that  every  life  insurance  corporation  or  com- 
pany created  by  the  laws  of  any  other  state,  or  of  any 
foreign  country  must  file  in  his  oflice  the  name  of  an 
agent,  and  his  place  of  residence  in  this  state,  on  whom 
summons  and  othjr  process  may  be  served  in  all  actions 
or  other  legal  proceedings  against  such  corporation  or 
company;  all  process  so  served  gives  jurisdiction  over 
such  corporation  or  company.  The  agent  so  appointed 
must  be  the  principal  agent  of  such  corporation  or  com- 
pany in  this  state.  Any  such  foreign  corporation  or  com- 
pany shall,  as  a  further  condition  precedent  to  the  trans- 
action of  insurance  business  in  this  state,  and  in  consid- 
eration of  the  privilege  to  transact  such  insurance  busi- 
ness in  this  state,  make  and  file  with  the  insurance  com- 
missioner an  agreement  or  stipulation,  executed  by  the 
proper  authorities  of  such  corporation  or  company,  in  form 
and  sul)Stance  as  follows:  The  (giving  name  of  corpora- 
tion or  company),  does  hereby  stipulate  and  agree  that  in 
consideration  of  the  permission  granted  by  the  state  of 
California  to  it  to  transact  insurance  business  in  this  state, 
that  if  at  any  time  such  corporation  or  company  shall, 
under  the  existing  provisions  of  law  in  this  state  in  rela- 
tion to  insurance  companies,  be  without  an  agent  in  this 
state  on  whom  summons  or  other  legal  process  may  be 
served,  service  of  such  summons  or  other  legal  process  may 
be  made  upon  the  insurance  commissioner,  such  service 
upon  the  commissioner  to  have  the  same  force  and  effect 
as  if  made  upon  the  corporation  or  company.  Whenever 
such  service  of  summons  or  other  legal  process  shall  be 
made  upon  the  insurance  commissioner,  he  must,  within 
ten  days  thereafter,  transmit  by  mail,  by  registered  letter, 
a  copy  of  such  summons  or  other  legal  process  to  the  cor- 
poration, addressed  to  the  president  or  secretary  thereof, 
at  its  home  or  principal  office;  such  copy  must  be  certified 
by  the  commissioner,  under  his  hand  and  official  seal,  and 
the  sending  of  such  copy  by  the  said  commissioner  shall 


142a  EXECUTIVE    OFFICERS.  S  63* 

be  a  necessary  part  of  the  service  of  summons  or  other 
legal  process.  En.  Stats.  1873-4,  66.  Am'd.  1880,  90;  1893, 
116. 

Agent  upon  whom  process  may  be  served:    See  ante, 
sec.  616. 

§  634.     Registry    of    policies,    deposits    for    security    of. 

It  shall  be  lawful  for  any  company  or  corporation,  trans- 
acting the  business  of  life  insurance  in  this  state,  to  reg- 
ister with  the  insurance  commissioner,  such  of  its  policies 
as  may  be  agreed  upon  by  the  company  and  the  insured; 
such  registration  to  consist  in  a  written  or  printed  list  of 
such  policies  filed  with  the  commissioner,  showing  the 
name  and  age  of  the  insured,  number  and  date  of  the  pol- 
icy and  the  kind  and  amount  of  insurance  in  each  case. 
Such  list  must  be  filed  with  the  commissioner  within 
thirty  days  after  the  issuance  of  the  first  registered  pol- 
icy, and  must  contain  'all  such  policies  issued  up  to  date 
of  filing.  After  that  date,  the  company  must,  within  three 
days  after  the  first  day  of  each  calendar  month,  file  a 
statement  embracing  all  its  registered  policies  issued  since 
the  filing  of  its  last  preceding  lists.  Upon  filing  such  lists 
of  policies,  from  time  to  time,  the  company  must  deposit 
with  the  commissioner,  as  a  special  deposit  for  the  bene- 
fit of  such  registered  policies,  securities  of  the  denomina- 
tions stated  in  section  four  hundred  twenty-one  of  the 
Civil  Code  as  permissible  for  the  investment  of  the  cap- 
ital and  accumulations  of  insurance  companies.  Such  de- 
posits must  be  in  an  amount  equal  to  the  full  net  value 
of  all  policies  registered  up  to  the  time  of  making  the  de- 
posit, and  must,  at  all  times,  be  equal  to  such  -net  value 
of  all  registered  policies.  Upon  receipt  of  such  securities 
the  commissioner  must  immediately  deposit  them  in  the 
state  treasury,  in  accordance  with  the  provisions  of  sec- 
tion six  hundred  and  eighteen  of  the  Political  Code,  where 
they  must  remain  as  a  special  security  for  the  benefit 
of  such  registered  policies.  Such  company  may,  at  any 
time,  withdraw  any  excess  of  securities  above  the  net 
present  value  hereinbefore  specified,  upon  satisfying  said 
commissioner  by  written  proof  that  such  excess  exists, 
and  shall  be  allowed  to  receive  the  interest  on  all  securi- 
ties deposited  and  to  exchange  such  securities  by  sub- 
stituting other  securities  of  the  character  in  which,  by 
the  laws  of  this  state,  it  may  invest  its  funds.  En.  Stats. 
1877-8,  20.  Am'd.  1905,  151. 
Cal.  Rep.  Cit.     128,  537. 


§§  635a,  635b  EXECUTIVE    OFFICERS.  /l42l> 

§  635a.  Investment  company  defined.  Every  person, 
corporation,  company,  association,  copartnership  or  in- 
dividual in  the  State  of  California  now  engaged  in  or  that 
shall  hereafter  engage  in  the  business  of  placing  or  sell- 
ing bonds,  debentures  or  certificates  of  investment  by 
whatsoever  name  said  bonds,  debentures  or  certificates  of 
investment  may  be  known  or  designated,  when  such  busi- 
ness is  conducted  on  the  partial  payment  or  installment 
payment  plan,  or  in  placing  or  selling  any  species  of  bonds, 
debentures  or  certificates  of  investment,  on  the  partial  pay- 
ment or  installment  plan,  wherein  or  whereby  the  holder 
or  holders  of  said  bond,  debentures  or  certificates  of  in- 
vestment are  or  may  become  entitled  to  claim  and  re- 
ceive from  such  person,  corporation,  company  or  associa- 
tion a  return,  either  at  a  definite  or  indefinite  time,  in 
cash,  or  in  merchandise,  or  any  property,  for  the  partial 
payments  or  installments  of  money  so  paid,  and  wherein 
or  whereby  the  holder  may  be  subject  to  a  fine  or  for- 
feiture as  a  penalty  for  nonpayment  of  said  partial  pay- 
ments or  installments,  is  hereby  declared  to  be  an  invest- 
ment company  under  the  provisions  of  this  act.  En.  Stats. 
1905,  156. 

§  635b.  Investment  companies  not  licensed  by  bank  or 
other  commissioners;  deposit  with  state  treasurer  cash  or 
securities.  Every  corporation,  company,  association,  co- 
partnership or  individual  now  engaged  in,  or  that  shall 
hereafter  engage  in  business  in  this  state  as  an  investment 
company  as  hereinbefore  defined  and  not  licensed  by  nor 
under  the  supervision  of  the  bank  commissioners,  build- 
ing and  loan  commissioners  or  insurance  commissioner, 
that  shall  place  or  sell  any  bond  or  bonds,  debenture  or 
debentures,  certificate  or  certificates  of  investment  on  the 
partial  payment  plan  whereby  the  holder  or  holders  of 
such  bond,  or  bonds,  debenture  or  debentures,  or  certificate 
or  certificates  of  investment  are  or  rhay  become  entitled 
to  claim  and  receive  from  such  corporation,  company  or 
association,  a  return,  either  at  a  definite  or  indefinite 
time,  in  cash,  or  in  merchandise,  or  in  property,  for  the 
partial  payments  or  installments  of  money  so  paid,  and 
wherein  or  whereby  the  holder  may  be  subject  to  a  fine, 
or  penalty  of  forfeiture  for  nonpayment  of  said  partial 
payments  or  installments,  is  hereby  required  to  deposit 
within  sixty  days  after  the  passage  of  this  act,  in  cases 
of  corporations,  persons,  companies  or  associations  now 


I'JSc  EXECUTIVE    OFFICERS.  §  «3dO 

existing  aiid  doing  business,  or  before  commencing  busi- 
ness in  cases  of  persons,  corporations,  companies  or  as- 
sociations not  now  engaged  in  business,  for  the  security 
of  the  holder  or  holders  of  the  bonds,  debentures  or  cer- 
tificates issued  bj'  it;  with  the  treasurer  of  the  state  of 
California,  in  cash,  or  in  securities  to  be  approved  by  said 
treasurer,  the  sum  of  five  thousand  dollars  ($5,000),  and 
in  addition  thereto  shall  deposit  semi-annually,  with  the 
treasurer  of  the  state  of  California,  in  cash,  or  securities 
to  be  approved  oy  said  officer,  in  the  manner  aforesaid, 
ten  per  cent  of  all  premiums  received  on  the  sale  of  such 
bonds,  debentures  or  certificates,  until  the  sum  so  depos- 
ited shall  amount  to  the  sum  of  one  hundred  thousand  dol- 
lars.    En.  Stats.  1905,  157. 

.§  635c.  Articles  of  incorporation  to  be  filed  with  secre- 
tary of  state;  fees;  statement.  Every  investment  com- 
pany as  herein  defined  now  doing  business  in  the  state 
of  California  shall,  within  sixty  days  after  the  approval 
of  this  act,  and  every  investment  company  hereafter  or- 
ganized to  carry  on  the  business  of  an  investment  com- 
pany as  hereinbefore  defined,  shall,  prior  to  engaging  in 
such  business,  in  addition  to  making  such  deposit,  file 
with  the  secretary  of  state  a  duly  authenticated  copy  of 
its  articles  of  incorporation,  charter  or  other  instrument 
authorizing  it  to  do  business,  and  shall  pay  to  the  secre- 
tary of  state  the  fees  provided  by  law  to  be  paid  such 
officer  for  filing  articles  of  incorporation  within  this  state 
for  a  capital  stock  of  like  amount,  the  same  to  be  accom- 
panied with  a  statement  showing — 

(a)  The  name  of  the  corporation,  company,  association, 
copartnership  or  individual; 

(b)  The  place  where  the  principal  business  of  the  com- 
pany, corporation,  association,  copartnership  or  individual 
within  this  state  is  or  is  to  be  carried  on; 

(c)  The  amount  of  capital  stock  of  the  corporation,  asso- 
ciation or  company,  and  the  amount  of  paid-up  capital 
stock ; 

(d)  The  names  and  residences  of  the  incorporators  and 
its  stockholders  at  the  time  when  said  statement  is  filed, 
and  the  name  of  its  officers  and  date  when  their  terms 
will  expire; 

(e)  The  name  and  address  of  the  officers  or  representa- 
tive within  the  state  upon  whom  process  can  be  served; 


§§  633d-63of  EXECUTIVE     OFFICERS.  .  liM 

(f)  A  statement  of  the  net  premiums  received  from  the 
sale  of  bonds,  debentures  or  certificates  of  investment  dur- 
ing the  preceding  six  months;  which  statement  shall  re- 
main a  public  record  in  said  office.     En.  Stats.  1905,  157. 

§  635d.     Duty    of    state    treasurer;    of    attorney-general. 

The  treasurer  of  the  state  of  California  shall  whenever 
such  fact  is  brought  to  his  knowledge  notify  the  attorney- 
general  of  the  noncompliance  of  any  person,  company,  cor- 
poration or  association  doing  business  as  an  investment 
company  as  hereinbefore  defined  in  the  state  of  California 
with  the  provisions  of  this  act,  and  the  attorney-general 
shall  immediately  after  receiving  such  notification  com- 
mence an  action  against  such  corporation,  company  or  as- 
sociation in  the  name  of  the  people  of  the  state  of  Califor- 
nia; 

(a)  To  dissolve  such  corporation,  company  or  association 
if  incorporated  or  organized  under  the  laws  of  the'  state  of 
California; 

(b)  To  enjoin  and  restrain  such  person,  corporation, 
company  or  association  from  doing  business  within  the 
state  of  California,  if  an  individual  or  if  incorporated  and 
organized  at  any  place  without  this  state.  En.  Stats.  1905, 
158. 

§  635e.  Withdrawal  of  deposit  upon  ceasing  to  do  busi- 
ness. Every  corporation,  company,  association,  copartner- 
ship or  individual  that  has  made  a  deposit  with  the  treas- 
urer of  the  state  of  California  in  conformity  with  and  un- 
der the  provisions  of  this  act,  may,  upon  ceasing  to  do 
business  within  the  state,  maintain  an  action  against  the 
treasurer  of  the  state  of  California  to  withdraw  its  de- 
posit. It  shall  be  the  duty  of  the  attorney-general  to  de- 
fend such  action,  and  if  upon  judgment  being  rendered 
therein  it  shall  be  found  that  said  corporation,  company 
or  association  has  no  liabilities  within  the  state,  the  treas- 
urer of  the  state  of  California  shall  return  to  said  corpo- 
ration, company,  or  association,  or  to  its  order,  the  cash 
or  securities  deposited  by  it  under  the  provisions  of  this 
act,  but  all  expenses  of  such  suit  shall  in  any  event  be 
paid  by  such  corporation,  company  or  association.  En. 
Stats.  1905,  158. 

§  635f.  Right  to  substitute  securities  for  cash  deposit. 
Every  corporation,  company,  association,  copartnership  oi' 


142e  EXECUTIVE    OFFICERS.  §§  tKSg,  6»5h 

individual  depositing  cash  or  securities  with  the  treasurer 

of  the  state  of  California,  in  conformity  with  the  provi- 
sions of  this  act,  shall  have  the  right  to  substitute  securi- 
ties in  equal  value  for  cash  deposited,  or  other  securities  of 
like  value  for  those  on  deposit  upon  securing  the  approval 
of  the  treasurer  of  the  state  of  California,  to  said  exchange, 
and  the  treasurer  is  hereby  authorized  to  permit  such  ex- 
change of  cash  for  securities,  or  securities  for  other  securi- 
ties, or  securities  for  cash  deposited  by  such  corporation, 
company  or  association  if  in  his  judgment  such  securities 
are  equal  in  value  to  the  amount  of  cash  provided  by  law 
to  be  deposited.  Every  corporation,  company  or  associa- 
tion so  making  a  deposit  in  compliance  with  or  under  the 
provisions  of  this  act  may  collect  and  use  any  dividend, 
interest  or  profits  arising  on  or  from  any  securities  de- 
posited with  the  treasurer  of  the  state  of  California,  pro- 
vided such  security  is  not  thereby  depreciated  in  value. 
En.  Stats.  1905,  159. 

§  635g.  Amount  of  money  to  be  loaned  out  of  reserve 
fund;  collateral  may  be  deposited.  No  corporation,  com- 
pany, association,  copartnership  or  individual  doing  busi- 
ness within  this  state  as  an  investment  company  as  here- 
inbefore defined  shall  hereafter  lend  to  holders  of  bonds, 
debentures  or  certificates  of  investment,  out  of  its  reserve 
fund,  any  amount  greater  than  the  proportionate  share  of 
such  bond,  debenture  or  certificate  of  investment  in  said 
reserve,  and  whenever  such  loain  is  made  it  shall  be  evi- 
denced by  the  note  of  the  borrower  and  secured  by  a  de- 
posit as  collateral  security,  of  the  bond,  debenture  or  cer- 
tificate of  investment  on  which  the  same  is  made.  Any 
collateral  so  taken  may  be  deposited  with  the  treasurer  of 
the  state  of  California  as  a  part  of  the  deposit  hereinbe- 
fore required,  and  it  may  be  computed  as  making  so  much 
of  said  required  deposit  as  the  proportionate  share  of  such 
bonds,  debentures  or  certificates  of  investment  so  depos- 
ited as  the  entire  reserve  fund  amounts  to  not  exceeding 
however    the    amount    loaned.     En.    Stats.    1905,    159. 

§  635h.  Reserve  fund.  Every  corporation,  company,  as- 
sociation, copartnership  or  individual  doing  business  with- 
in this  state  as  an  investment  company  as  hereinbefore  de- 
fined shall  apportion  not  less  than  forty  per  cent  of  every 
partial  payment  or  installment  received  from  the  sale  of 
any  bond  or  bonds,  debenture  or  debentures,  certificate  or 


§§  635i,  635j  EXECUTIVE    OFFICERS.  142? 

certificates  of  investment  as  a  reserve  fund;  said  reserve 
may  be  invested  from  time  to  time  within  the  discretion 
of  the  board  of  directors  or  governing  body  of  such  cor- 
poration, company,  association,  copartnership  or  individual. 
En.  Stats.  1905,  160. 

§  635i.  Duty  of  attorney-general.  The  attorney-general 
of  the  state  of  California  shall,  at  any  time  that  he  may 
deem  proper,  or  at  any  time  upon  the  complaint  of  any 
holder  of  any  bond  or  bonds,  debenture  or  debentures,  cer- 
tificate or  certificates  of  investment  by  whatever  name 
they  be  known  or  designated,  make  any  examination  of  the 
affairs  of  any  corporation,  company  or  association  doing 
business  within  this  state  as  an  investment  company  as 
herein  defined,  and  inquire  into  the  investments  of  the  re- 
serve fund  of  such  corporation,  company  or  association 
and  if  upon  such  examination  it  shall  be  ascertained  that 
any  corporation,  company,  or  association  so  doing  busi- 
ness has  not  assets  to  equal  in  value  the  total  amount  of 
reserve  as  in  the  last  section  required  with  interest  thereon 
at  three  and  a  half  per  cent  per  annum  compounded  an- 
nually from  the  time  of  the  sale  of  such  bonds,  debentures 
or  certificates  of  investment,  he  shall  commence  an  ac- 
tion in  the  name  of  the  people  of  the  state  of  California  to 
restrain  and  enjoin  said  corporation  from  doing  business 
and  unless  said  reserve  is  made  to  equal  the  amount  re- 
quired before  judgment  is  rendered  in  said  action, 
judgment  shall  be  rendered  restraining  and  enjoining  said 
corporation,  company  or  association  from  doing  business 
within  this  state,  and  he  shall  in  his  discretion  institute 
proceedings  against  such  company,  corporation,  associa- 
tion, copartnership  or  individual  to  have  it  declared  bank- 
rupt.    En.   Stats.   1905,  160. 

§  635j.  Violation  of  the  provisions  of  tliis  act;  penalty. 
Every  officer,  agent  or  representative  of  any  corporation, 
company  or  association  doing  business  within  this  state  as 
an  investment  company  as  hereinbefore  defined,  who  shall 
place  or  sell  any  bond  or  bonds,  debenture  or  debentures, 
or  certificate,  or  certificates  of  investment  of  any  company 
that  has  not  complied  with  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars,  and  not  more  than  five  hundred  dollars,  for  each 
offense,  or  by  imprisonment  in  the  county  jail  for  not  less 


143  EXECUTIVE   OFFICERS.  S§  6iS5k-64ii 

than  thirty  days,  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment.     En.  Stats.  1905,  160. 

§  635k.     Not  to  do  business  until  deposit  is  made.     No 

person,  firm,  corporation,  company,  copartnership  or  indi- 
vidual shall  issue,  sell  or  dispose  of  any  species  of  bond 
or  bonds,  debenture  or  debentures,  certificate  or  certifi- 
cates of  investment  on  the  partial  payment  or  installment 
plan  whereby  the  holder  or  holders  of  such  bond  or  bonds, 
debenture  or  debentures,  or  certificate  or  certificates  of 
investment  are  or  may  become  entitled  to  claim  and  re- 
ceive from  such  person,  firm,  company,  association  or  co- 
partnership a  return  either  at  a  definite  or  indefinite  time 
in  cash,  or  in  merchandise,  or  in  property,  for  the  payment 
of  installments  so  paid,  and  wherein  or  whereby  the  holder 
may  be  subject  to  a  fine  or  penalty  or  forfeiture  for  non- 
payment of  such  partial  payments  or  installments,  with- 
out having  complied  with  the  provisions  of  this  act  and 
first  made  the  deposit  required  by  section  2  of  this  act. 
En.    Stats.   1905,   161 

§  6351.  Application.  All  provisions  of  this  act  provid- 
ing for  the  making  of  said  deposits,  the  exchange  of  se- 
curities and  the  penalties  for  selling  said  bonds,  debentures 
or  certificates  shall  apply  to  all  persons,  corporations,  as- 
sociations, firms  or  copartnerships  engaged  in  the  business 
of  investment  companies  as  herein  defined.  En.  Stats. 
1905,  161. 

Cal.  Rep.  Cit.     128,  537. 


ARTICLE  XVII. 
nSH  COMMISSIOtraRS. 

§  642.     General    duties    of. 
§  643.     No   compensation. 

§  642.  General  duties  of.  It  is  the  duty  of  the  fish  com- 
missioners: 

1.  To  see  that  the  laws  for  the  preservation  of  fish  and 
game  are  strictly  enforced;  and  for  that  purpose  they  may 
from  time  to  time  employ  such  assistants  as  they  shall 
deem  necessary,  which  persons  so  appointed  as  assistants 
shall  have  all  powers  and  authority  of  sheriffs  to  make 
arrests  for  violatioji  of  such  laws  throughout  the  state. 


S  642  EXECUTIVK   OFFICERS.  144 

2.  To  establish  fish  breederies  for  stocking  the  waters  of 
this  state  with  foreign  and  native  fish. 

3.  To  purchase  and  import  the  spawn  or  ova  of  fish 
suitable  for  food. 

4.  To  stock  with  such  spawn  the  waters  of  this  state. 

5.  To  employ  persons  skilled  in  fish-breeding  to  assist 
them  in  their  duties. 

6.  To  furnish  plans  for  and  direct  and  compel  the  con- 
struction and  repair  of  fish  ladders  and  ways  upon  dams 
and  obstructions. 

7.  To  provide  for  the  distribution  and  protection  of 
game  birds  imported  into  this  state  for  purposes  of  propa- 
gation. 

8.  To  report  biennially  to  the  governor  a  statement  of 
all  their  transactions  and  disbursements.  En.  March  12, 
1872.     Am'd.  1877-8,  21. 

Fishways  in  streams  frequented  by  migratory  fish,  act 
to  provide  for  construction,  etc.:  Post,  Appendix,  title 
Fish  and  Game  Warden  and  Commissioners. 

Act  creating  office  of  fish  and  game  warden:  See  post, 
Appendix,  title  Fish  and  Game  Warden  and  Commission- 
ers. 

Act  to  authorize  maintenance  of  salmon  hatchery:  See 
post,  Appendix,  title  Fish  and  Game  Warden  and  Commis- 
Bioners. 

Report  of  fish  commissioners:  Ante,  sees.  332,  333. 

Civil  executive  oflScers,  three  fish  commissioners  are: 
Ante,  sec.  343. 

Appointment  and  term  of  oflBce:   Ante,  sees.  368,  369. 

Act  authorizing  disposition  of  hatchery:  See  post.  Ap- 
pendix, title  Fish  and  Game   Warden  and  Commisioners. 

Act  authorizing  commissioners  to  import  game  birds: 
Bee  post,  Appendix,  title  Fish  and  Game  Warden  and  Com- 
missioners. 

§  643.  No  compensation.  The  commissioners  receive 
no  compensation.     En.  March  12,  1872. 


145  EXECUTIVE    OFFICERS.  «64 

ARTICLE  XVIII. 

BOARD    OF    EXAMINERS. 

J  654.  Chairman. 

§  655.  Meetings. 

§  656.  Records. 

§  657.  Rules   and    regulations. 

§  658.  Witnesses. 

§  659.  Depositions. 

§  660.  Claims   for   which    appropriations   have   been   made. 

§  661.  Approval    and   drawing. 

§  662.  If  not  approved. 

§  663.  Claims   provided   for,    but   for   which   there   is   no   appropriation. 

§  664.  Same,    as    to    unsettled   claims. 

§  665.  Time   of  meeting  for  action  on   claims  referred   to. 

§  666.  Proof   and   examination   of   such   claims. 

§  667.  Report    on    such    claims. 

§  668.  Disqualifications. 

§  G69.  Treasurer  to  act   in   place  of  disqualified   members. 

§  670.  Restrictions  on  power  of  board. 

§  671.  Appeals. 

§  672.  Controller  not    to   draw   warrant   for   claims   not    audited. 

§  673.  Certain    claims   exempted. 

§  674.  Board   may   prevent   payment  of   controller's   warrants, 

g  675.  Must   examine  books   of  controller  and   treasurer. 

§  676.  Must   count   money    in    treasury. 

§  677.  Must   make   affidavit   thereof. 

§  678.  Controller  and   treasurer  must  permit   examination,    etc. 

§  679.  Printing    expert. 

§  680.  Conversion   of   school   fund   into  bonds. 

§  681.  Issuance  and  sale   of  bonds,   duties  of   officers. 

§  682.  Conversion  of  school  funds  into  bonUs. 

§  683.  Purchase  of  state   bonds. 

§  684.  Assistant  secretary  of  state  board  of  examiners. 

§  685.  Clerks    for    secretary    of   board.  •  . 

§  654.  Chairman.  The  governor,  and  in  his  absence  the 
secretary  of  state,  is  chairman  of  the  board  of  examiners. 
The  governor  shall  appoint  a  secretary,  to  hold  office  dur- 
ing his  pleasure,  whose  salary  as  secretary  and  ex-officio 
member  of  the  board  shall  be  three  thousand  dollars  per 
annum,  payable  as  the  salaries  of  other  state  officers.  He 
is  an  executive  officer  attached  to  the  governor's  office, 
and  is  authorized  to  administer  oaths,  and  shall  perform 
such  duties,  other  than  secretary,  as  may  be  assigned  to 
him  by  the  governor,  from  time  to  time.  En.  March  12, 
1872.     Am'd.  1887,  57;    1891,  71;    1893,  182. 

Cal.  Rep.  Cit.     47,  370. 

Auditing  functions  of  board. — Account  of  state  geologist: 
Ante,  sec.  553;  officers  of  land  department:  Post,  sec. 
3410;   of  board  of  equalization:   Post,  sec.  3702. 

Pol.    Code— 10 


§§  655-660  EXECUTIVE    OFFICERS.  146 

Violating  duty:   Pen.  Code,  sec.  441. 
Board  of  examiners,  acts  relating  to:  See  post.  Appendix, 
title  Board  of  Examiners. 

§  655.  ./leetings.  The  semi-montLly  meetings  of  the 
board  must  be  held  at  the  state  capitol  on  the  first  and 
third  Mondays  in  each  month.     En.  March  12,  1872. 

§  656.  Records.  The  board  must  keep  a  record  of  all 
their  proceedings,  and  any  member  may  cause  his  dissent 
to  the  action  of  the  majority  upon  any  matter  to  be  entered 
upon  such  record.  And  all  claims  must  be  entered  on  the 
minutes  of  the  board  before  the  same  shall  be  acted  upon. 
En.  March  12,  1872.     Am'd.  1873-4,  67. 

Cal.  Rep.  Cit.       72,  9. 

§  657.  Rules  and  regulations.  The  board  may,  in  writ- 
ing, establish  rules  and  regulations  not  inconsistent  with 
law  for  its  government.     En.  March  12,  1872. 

§  658.  Witnesses.  The  chairman  may  issue  subpoenas 
and  compel  the  attendance  of  witnesses  before  the  board 
or  any  member  thereof  in  the  same  manner  that  any  court 
in  this  state  may;  and  whenever  the  testimony  of  any  wit- 
ness against  a  demand  pending  before  them  is  material, 
the  chairman  must  cause  the  attendance  of  the  witness 
before  the  board,  or  a  member  thereof,  to  testify  concern- 
ing the  demand,  and  the  board  may  make  a  reasonable 
allowance  therefor,  not  exceeding  the  fees  of  witnesses  in 
civil  cases,  which  must  be  paid  out  of  the  appropriation 
for  the  contingent  expenses  of  the  board,  but  in  no  in- 
stance can  an  allowance  be  made  in  favor  of  a  witness  who 
appeared  in  behalf  of  the  claimant.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     145,  766. 

Witnesses:  See  Code  Civ.  Proc,  sees.  1878-1884.  Pro- 
duction of:  Id.,  sees.  1985-1997.  Privileges  and  liabilities: 
Sees.  2064  et  seq. 

§  659.     Depositions.     Each   member   of   the   board    may 
take  depositions,  to  be  used  before  it.     En.  March  12,  1872. 
Depositions:   Code  Civ.  Proc,  sees.  2019  et  seq. 

§  660.  Claims  for  which  appropriations  have  been  made. 
Any  person  having  a  claim  against  the  state  for  which  an 
appropriation  has  been  made,  may  present  the  same  to  the 


147  EXECUTIVE    OFFICERS.  §§  661-6U1 

board  in  the  form  of  an  account  or  petition,  and  the  clerk 
of  the  board  must  date,  number,  and  file  such  claim,  and 
the  board  must  allow  or  reject  the  same  in  the  order  of  its 
presentation.  The  board  may  for  cause  postpone  action 
upon  a  claim  for  not  exceeding  one  month.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     46,  190;  55,  489;  80,  223;  80,  228;  106,  126; 
145,  765. 

§  661.  Approval  and  drawing.  If  the  board  approve 
such  claim  they  must  indorse  thereon,  over  their  signa- 
tures, "Approved  for  the  sum  of  dollars,"  and  trans- 
mit the  same  to  the  office  of  the  controller  of  state;  and 
the  controller  must  draw  his  warrant  for  the  amount  so 
approved  in  favor  of  the  claimant  or  his  assigns  in  the 
order  in  which  the  same  was  approved.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     80,  223;    80,  228;    106,  126;    145,  765. 

§  662.  If  not  approved.  If  the  board  disapprove  such 
claim  they  must  cause  the  same  to  be  filed  with  the  records 
of  the  board,  with  a  statement  showing  such  disapproval, 
and  the  reasons  therefor.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     139,  404;  145,  762;  145,  763;   145,  765. 

§  663.  Claims  provided  for,  but  for  which  there  is  no 
appropriation.  If  no  appropriation  has  been  made  for  the 
payment  of  any  claim  presented  to  the  board  the  settle- 
ment of  which  is  provided  for  by,  law,  or  if  an  appropria- 
tion made  has  been  exhausted,  the  board  must  audit  the 
same,  and  if  they  approve  it,  must  transmit  it  to  the  legis- 
lature with  a  statement  of  their  approval.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     46,  190;   64,  92;   123,  111;   145,  765. 

§  664.  Same,  as  to  unsettled  claims.  Any  person  hav- 
ing a  claim  against  the  state,  the  settlement  of  which  is 
not  otherwise  provided  for  by  law,  must  present  the  same 
to  the  board  of  examiners  at  least  four  months  before  the 
meeting  of  the  legislature,  accompanied  by  a  statement 
•showing  the  facts  constituting  the  claim,  verified  in  the 
same  manner  as  complaints  in  civil  actions.  En.  March 
12,   1872. 

Cal.  Rep.  Cit.    145,  765. 


§§  665-670  EXECUTIVE    OFFICERS.  14S 

§  665.  Time  of  meeting  for  action  on  claims  referred  to. 
On  the  first  Monday  of  September  preceding  the  meeting 
of  each  legislature  the  board  must  hold  a  session  at  the 
state  capitol  for  the  purpose  of  examining  the  class  of 
claims  referred  to  in  the  preceding  section,  and  may  ad- 
journ from  time  to  time  until  their  work  is  completed. 
Prior  thereto  they  must  cause  a  list  and  brief  abstract  of 
all  claims  filed  with  them  to  be  made  and  published  in 
bome  newspaper  at  Sacramento  City  for  such  time  as  they 
may  prescribe.  The  list  must  be  accompaniea  by  a  general 
notice  of  the  order  in  which  and  of  the  time  when  the 
board  will  proceed  to  examine  the  claims.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     145,  765. 

§  666.  Proof  and  examination  of  sucii  claims.  The 
board  must,  at  the  time  designated,  proceed  to  examine 
and  adjust  all  such  claims.  They  may  hear  evidence  in 
support  of  or  against  them,  and  report  to  the  legislature 
such  facts  and  recommendations  concerning  them  as  they 
may  think  proper.  In  making  their  recommendations  they 
may  state  and  use  any  official  or  personal  knowledge  which 
any  member  of  the  board  may  have  touching  such  claims. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     145,  765;   145,  766. 

§  667.  Report  on  such  claims.  The  board  must  make 
up  their  report  and  recommendation  at  least  thirty  days 
before  the  meeting  of  the  legislature.  A  brief  abstract 
of  their  report,  showing  the  claims  rejected,  and  those,  or 
the  amounts  thereof,  allowed,  must  be  published  in  a 
r  awspaper  published  at  Sacramento  City  for  such  time 
as  the  board  may  prescribe  before  the  meeting  of  the  leg- 
islature.    En.  March  12,  1872. 

§  668.  Disqualifications.  No  member  of  the  hoard  must 
act  upon  any  claim  in  which  he  is  interested,  or  for  ex- 
penditures incurred  in  his  office,  nor  must  he  be  present 
when  the  decision  thereon  is  made.     En.  March  12,  1872. 

§  669.  Treasurer  to  act  in  place  of  disqualified  members. 
When  any  member  of  the  board  is  disqualified  from  acting 
upon  any  claim,  the  state  treasurer  must  act  in  his  stead. 
En.  March  12,  1872. 

State  treasurer:    Ante,  sees.   452-459. 

§  670.  Restrictions  on  power  of  board.  The  board  must 
not  entertain,  for  the  second  time,  a  demand  against  the 


149  EXECUTIVE    OFFICERS.  §§  671-675 

State  once  rejected  b:  it  or  by  the  legislature,  unless  such 
facts  are  presented  to  the  board  as  in  suits  between  in- 
dividuals would  furnish  sufficient  ground  for  granting  a 
new  trial.     En.  ,  larch  12,  1872. 

•     Cal.  Rep.  Cit.    145,  770. 

New  trial:   See  Code  Civ.  Proc,  sees.  656-6631/^. 

§  671.  Appeals.  Any  person  interested,  who  is  ag- 
grieved by  the  disapproval  of  a  claim  by  the  board,  may 
appeal  from  the  decision  to  the  legislature  of  the  state, 
by  filing  with  the  board  a  notice  thereof,  and  upon  the 
receipt  of  such  notice  the  board  must  transmit  the  demand 
and  all  the  papers  accompanying  the  same,  with  a  state- 
ment of  the  evidence  taken  before  it  to  the  legislature. 
En.  March  12,  1872. 

§  672.  Controller  not  to  draw  warrant  for  claims  not 
audited.  The  controller  must  not  draw  his  warrant  for 
any  claim  unless  it  has  been  approved  by  the  board,  and 
when,  hereafter,  the  controller  is  directed  to  draw  his  war- 
rant for  any  purpose,  this  direction  must  be  construed  as 
subject  to  the  provisions  of  this  section,  unless  the  direc- 
tion is  accompanied  by  a  special  provision  exempting  it 
from  its  operation.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  80,  223;  102,  285;  106,  121;  106,  126;  106, 
128;    144,  684. 

Controller's  authority  to  draw  warrants:  See  ante, 
sec.  433,  subd.  17.     Preventing  excess  of:   Post,  sec.  674. 

§  673.  Certain  claims  exempted.  Claims  upon  the  con- 
tingent fund  of  either  house  of  the  legislature,  and  for 
official  salaries,  are  exempted  from  the  operations  of  the 
provisions  of  the  preceding  twelve  sections.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     106,  126. 

§  674.  Board  may  prevent  payment  of  controller's  war- 
rants. Whenever  the  board  has  reason  to  believe  that  the 
controller  has  drawn  or  is  about  to  draw  his  warrant  with- 
out authority  of  law,  or  for  a  larger  amount  than  the  state 
actually  owes,  the  board  must  notify  the  treasurer  of  state 
not  to  pay  the  warrant  so  drawn  or  to  be  drawn ;  and  there- 
upon the  treasurer  is  prohibited  from  paying  the  warrant, 
'vhether  already  drawn  or  not,  until  he  is  otherwise  di- 
rected by  the  legislature.     En.  March  12,  1872. 

2  675.     Must  examine  books  of  controller  and  treasurer. 

As  often  as  it  may  deem  proper  the  board  must  examine 


§§  676-679  EXECUTIVE    OFFICERS.  150 

the  books  of  the  controller  and  treasurer,  the  accounts 
and  vouchers  in  their  offices,  and  count  the  money  in  the 
treasury;  and  for  that  purpose  they  may  demand,  and 
the  controller  and  treasurer  must  furnish  without  delay, 
all  information  touching  the  books,  papers,  vouchers,  or 
matters   pertaining   to   their  offices.     En.   March   12,   1872. 

§  676.  Must  count  money  in  treasury.  The  counting  of 
the  moneys  in  the  state  treasury  must  take  place  at  least 
once  a  month,  vnthout  the  board  or  any  member  thereof 
giving  the  treasurer  any  previous  notice  of  the  day  or 
hour  of  counting.  The  board  may,  at  any  counting,  place 
any  sum  in  bags  or  boxes,  and  weigh  each  bag  or  box  sepa- 
rately, and  mark  the  same  with  the  weight  thereon  plainly 
specified,  and  place  thereon  a  seal,  to  be  kept  by  them,  and 
may  at  subsequent  countings  count  or  reweigh  each  bag 
or  box  separately,  and  estimate  the  contents  of  such  bags 
or  boxes  a.^  part  of  the  money  counted  by  them,  without 
making  a  detailed  count  of  its  contents.  En.  March  12, 
1872. 

§  677.  Must  make  affidavit  thereof.  They  must,  at 
least  once  in  each  month,  make  and  file  in  the  office  of  the 
secretary  of  state,  and  publish  in  some  newspaper  in  Sac- 
ramento City,   an  affidavit   showing: 

1.  The  amount  of  money  that  ought  to  be  in  the  state 
treasury. 

2.  The  amount  and  kind  of  money  actually  therein.  En. 
March  12,  1872. 

§  678.  Controller  and  treasurer  must  permit  examina- 
tion, etc.  The  controller  and  treasurer  must  permit  the 
board  of  examiners  to  examine  the  books  and  papers  in 
their  respective  offices;  and  the  treasurer  must  permit 
the  moneys  in  the  treasury,  v«athout  delay  on  'any  pre- 
tense whatever,  to  be  counted  whenever  the  board  may 
wish  to  make  an  examination  or  counting.  En.  March 
12,  1872. 

§  679.  Printing  expert.  The  board  must  appoint  a 
printing  export,  who  must  examine  and  report  to  the  board 
all  accounts  for  printing  presented  by  the  state  printer  or 
any  other  person,  speciifying  whether  the  work  has  been 
executed  in  a  workmanlike  manner  or  not,  and  the  amount 
for  which  the  same  should  be  allowed.    The  report  is  not 


151  EXECUTIVE    OFFICERS.  §§  680,  681 

conclusive  on  the  board,  but  is  in  aid  of  the  discharge  of 
their  duties.  The  expert  must  receive  a  salary  of  fifty 
dollars  a  month,  payable  on  the  last  day  of  each  month. 
En.  March  12,  1872. 

State  printer,  now  superintendent  of  state  printing: 
Ante,  sees.  526  et  seq. 

§  680.  Conversion  of  school  fund  into  bonds.  When- 
ever and  as  often  as  there  is  in  the  state  treasury  the  sum 
of  ten  thousand  dollars  as  the  proceeds  of  the  sale  of  state 
school  lands,  the  board  must  invest  the  same  in  the  civil 
funded  bonds  of  this  state,  or  in  the  bonds  of  the  United 
States,  or  in  the  bonds  of  the  several  counties,  city  and 
county,  cities  or  towns  or  school  districts  of  this  state; 
the  investments  to  be  made  in  such  manner  and  on  such 
terms  as  the  board  shall  deem  best  for  the  fund;  pro- 
vided, that  no  bonds  of  any  county,  city  and  county,  city 
or  town  or  school  districts,  shall  be  purchased  of  which 
the  debt,  debts,  or  liabilities  at  the  time  exceed  fifteen  per 
cent  of  the  assessed  value  of  the  taxable  propertj'  of  such 
county,  city  and  county,  city,  or  town  or  school  district. 
En.  March  12,  1872.     Am'd.  1883,  25;    1903,  42. 

State  school  lands:  Post.  sees.  3494-3503. 

State  bonds,  act  providing  for  issuance  of,  preserved: 
Ante,  sec.  19,  subd.  3. 

§  681.  Issuance  and  sale  of  bonds,  duties  of  officers. 
Whenever  the  board  of  supervisors,  trustees,  common 
council,  or  other  governing  board  or  body  of  any  county, 
city  and  county,  city  or  town,  or  school  district  of  this 
state  shall  vote  bonds  for  any  purpose,  or  shall  refund  any 
bonds  already  issued,  and  said  bonds  are  ready  to  be  sold, 
the  clerk  of  such  board,  trustees,  common  council,  or  other 
governing  board  or  body  shall  forthwith,  by  mail,  postage 
prepaid,  notify  the  state  boai'd  of  examiners  and  state 
treasurer,  at  the  capitol,  of  such  issuance  anc.  sale  of 
bonds,  and  shall  give  the  name  by  which  the  bonds  are 
known,  the  amount  of  the  issuance,  the  denomination  of 
each  bond,  the  rate  of  interest,  and  length  of  time  bonds 
are  to  run.  No  certified  check,  bond,  or  other  assurance 
in  law  shall  be  required  from  the  state  upon  its  application 
to  purchase  bonds.  En.  March  12,  1872.  Rep.  1883,  26. 
En.  Stats.  1903,  406. 


§§  682-685  EXECUTIVE   OFFICERS.  182 

§  682.  Conversion  of  school  funds  into  bonds.  All  bonds 
purchased  by  the  board  under  the  provisions  of  section  six 
hundred  and  eighty  must  be  delivered  to  the  state  treas- 
urer, who  shall  keep  them  as  a  special  school  fund  de- 
posit, the  interest  upon  such  bonds  to  be  placed  by  him  to 
the  credit  of  the  state  school  fund.  En.  March  12,  1872. 
Am'd.  1883,  26. 

Cal.   Rep.    Cit.     106,   128. 

School  funds  and  taxes,  general  provisions  relating-  to: 
Post,  sees.  1857-1861. 

§  683.  Purchase  of  state  bonds.  At  any  sale  of  civil 
bonds  by  the  state  treasurer  the  board  may  become  bid- 
ders, and  purchase  bonds  with  the  funds  at  their  disposal, 
and  the  appropriate  transfer  of  funds  must  be  made  by 
the  controller  and  treasurer  on  the  books  of  their  offices. 
En.  March  12,  1872. 

§  684.  Assistant  secretary  of  state  board  of  examiners. 
The  governor  may  appoint  an  assistant  to  the  secretary 
of  the  state  board  of  examiners,  at  an  annual  salary  of 
twenty-four  hundred  dollars,  payable  in  the  same  manner 
as  the  salaries  of  other  state  officers.  Said  assistant  is  ii 
civil  executive  officer.  En.  March  12,  1872.  Rep.  1880,  2. 
En.  Stats.  1891,  194.     Am'd.  1905,  7. 

Cal.  Rep.  Cit.     51,  550. 

§  685.  Clerks  for  secretary  of  board.  The  board  may 
appoint  four  clerks  for  the  secretary  of  said  board,  who 
shall  be  civil  executive  officers,  at  an  annual  salary  of  six- 
teen hundred  dollars  each,  payable  in  the  same  manner  as 
the  salaries  of  other  state  officers.  En.  March  12,  1872. 
Rep.  1880,  88.  En.  Stats.  1893,  182.  Am'd.  1901,  807;  1905, 
7. 

Cal.  Rep.  Cit.     47,   370. 

ARTICLE  XIX. 

POWERS    AND    DUTIES   OF   OTHER    EXECUTIVE   OFFICERS 

§  695.  Vaccine    agent. 

5  696.  CommlsRioner   of   Immigration. 

I  697.  State    capitol    commissioners. 

I  698.  Tide    land    commmlssioners.     (Repealed.) 

§  699.  Port    wardens. 

5  700.  Harbor    commissioners. 

f  701.  Pilots. 

5  702.  Sun   Francisco  marine  board.    (Repealed.) 


153  EXECUTIVE    OFFICERS.  §§  695-701 

§  703.  Pilot    commissioners. 

I  704.  Boards   of   health. 

705.  Board    of   agriculture. 

706.  Board    of   equalization. 

707.  Reg-ents    of    university. 

708.  State   board  of  education. 

g  709.  Trustees  of  normal  school. 

§  710.  Officers    of   libraries. 

§  711.  Directors  of  state  prisons. 

g  712.  Officers   of   insane   asylum. 

§  713.  Trustees   of  asylum   for  deaf,    dumb,    and   blind. 

§  714.  Trustees   of   state   burying-grounds. 

§  715.  Tosemite  and  big  tree  commissioners. 

i  695.  Vaccine  agent.  The  powers  and  duties  of  the 
vaccine  agent  are  prescribed  in  title  VII,  of  part  III,  of  this 
code.     En.  March  12,  1872. 

Vaccine  agent:  Post,  sees.  2993,  2994. 

§  696.  Commissioner  of  immigration.  Those  of  the  com- 
missioner of  immigration  are  prescribed  in  title  VII,  part 
III,  of  this  code.     En.  March  12,  1872. 

Commissioner  of  immigration:   Post,  sees.  2949-2969.  • 

§  697.  State  capitol  commissioners.  Those  of  the  state 
capitol  commissioners  are  prescribed  by  "An  act  to  pro- 
vide for  the  construction  of  the  state  capitol  in  the  city 
of  Sacramento,"  approved  March  twenty-ninth,  eighteen 
hundred  and  sixty,  and  the  acts  amendatory  thereof,  which 
are  hereby  continued  in  force.     En.  March  12,  1872. 

State  capitol  commissioners  are  executive  officers: 
Ante,  sec.  343.     Board,  how  composed:    Ante,  sec.  366. 

Secretary  of  state  is  superintendent  of  state  capitol: 
Ante,  sec.  412. 

§  698.  Tide  land  commissioners.  (Repealed.)  En. 
March  12,  1872.     Rep.  1875-6,  15. 

§  699.  Port  wardens.  Those  of  port  wardens  are  pre- 
scribed in  title  VI,  of  part  III,  of  this  code.  En.  March  12, 
1872. 

Port  wardens:   See  post,  sees.  2501-2511. 

§  700.  Harbor  commissioners.  Those  of  harbor  com- 
missioners are  prescribed  in  title  VI,  of  part  III,  of  this 
code.     En.   March   12,   1872. 

Harbor  commissioners:   See  post,  sees.  2520-2572. 

§  701.     Pilots.     Those   of  pilots   are   prescribed   in   title 
VI,  of  part  III,  of  this  code.     En.  March  12.  1872. 
Pilots:  See  post,  sees.  2429-2491. 

6 


§§  702-710  EXECUTIVE    OFFICERS.  164 

§  702.     San  Francisco  marine  board.       (Repealed.)      En. 

March  12,  1872.     Rep.  1875-6,  14. 

§  703.  Pilot  commissioners.  Those  of  pilot  commis- 
sioners are  prescribed  in  title  VI,  of  part  III,  of  this  code. 
En.  March  12,  1872. 

Pilot  commissioners:  See  post,  sees.  2429-2491. 

§  704.  Boards  of  liealtli.  Those  of  the  board  of  health 
are  prescribed  in  title  VII,  of  part  III,  of  this  code.  En. 
March  12,  1872. 

Board  of  health:  See  post,  sees.  2978-3084. 

§  705.  Board  of  agriculture.  Those  of  the  board  of  ag- 
riculture are  prescribed  in  the  special  statute  creating  the 
board.     En.  March  12,  1872. 

Board  of  agriculture:  See  post,  sec.  2326. 

§  706.  Board  of  equalization.  Those  of  the  board  of 
equalization  are  prescribed  in  title  IX,  of  part  III,  of  this 
code.     En.  March  12,  1872. 

Board  of  equalization:    See  post,  sees.  3672-3705. 

§  707.  Regents  of  university.  Those  of  the  regents  of 
the  University  of  California,  in  chapter  I,  of  title  III,  of 
part  III.     En.  March  12,  1872. 

Regents  of  university:  See  post,  sees.  1425-1451. 

§  708.  State  board  of  education.  Those  of  the  state 
board  of  education  are  prescribed  in  chapter  III,  of  title 
III,  of  part  III,  of  this  code.     En.  March  12,  1872. 

Stale  board  of  education:   See  post,  sees.  1517-1522. 

!j  709.  Trustees  of  normal  scliool.  Those  of  the  trus- 
tees of  the  state  normal  school  are  prescril)ed  in  chapter 
II,  of  title  III,  of  part  III,  of  this  code.     En.  March  12,  1872. 

State  normal  school:  Post,  sees.  1487-1507.  See  post, 
Appendix,  title  Normal  Schools. 

§  710.  Officers  of  libraries.  Those  of  the  trustees  of 
the  state  library,  state  librarian,  and  librarian  of  the  su- 
preme court  library,  are  prescribed  in  chapter  III,  of  title 
V,  of  part  III,  of  this  code.     En.  March  12,  1872. 

Library  trustees  and  librarians:  See  post,  sees.  2292- 
2316. 


155  EXECUTIVE    OFFICERS.       .  §§  711-71d 

§  711.  Directors  of  state  prison.  Those  of  the  directors 
of  the  state  prison  are  prescribed  in  part  III  of  the  Penal 
Code.     En.  March  12,  1872. 

State  prison  directors:  Pen.  Code,  sees.  1573-1595;  but 
see  act  of  1889,  p.  404,  superseding  act  in  Stats.  1880,  p. 
67,  pursuant  to  Const.  Cal.,  art.  X,  and  amended  by  Stats. 
1881,  p.   79. 

§  712.  Officers  of  insane  asylum.  Those  of  the  direc- 
tors and  other  officers  of  the  insane  asylum  are  prescribed 
in  chapter  I,  of  title  V,  of  part  III,  of  this  code.  En.  March 
12,  1872. 

Officers  of  insane  asylum:    See   post,   sees.   2136-2200. 

Acts  relating  to  state  prison:  See  Pen.  Code,  Appendix, 
title  State  Prisons. 

§  713.     Trustees    of  asylum   for   deaf,   dumb,   and   blind. 

Those  of  the  trustees  of  the  asylum  for  the  deaf,  dumb, 
and  blind,  are  prescribed  in  chapter  II,  of  title  V,  of  part 
III,  of  this  code.     En.  March  12,  1872. 

Trustees  of  asylum  for  deaf,  dumb,  and  blind:  See  post, 
sees.  2237-2282. 

§  714.  Trustees  of  state  burying-grounds.  Those  of  the 
trustees  of  the  state  burying-grounds  are  prescribed  in 
title  VIII,  of  part  III,  of  this  code.     En.  March  12,  1872. 

Trustees  of  state  burying-grounds:    See  post,  sec.  3597. 

§  715.  Yosemite  and  big  tree  commissioners.  Those  of 
the  commissioners  of  the  Yosemite  Valley  and  the  Mari- 
posa big  tree  grove  are  prescribed  in  title  VIII  of  part 
III,  of  this  code.     En.  March  12,  1872. 

Yosemite  and  big  tree  commissioners:  See  post,  sees. 
3584-3586. 


§§  726-737  JUDICIAL    OFFICERS— SALARIES. 


CHAPTER   IV. 

JUDICIAL    OFFICERS. 
§  726.    Number,    designation,    and    mode    of    election. 

§  726.  Number,  designation,  and  mode  of  election.  The 
number,  designation,  and  mode  of  election  of  judicial  of- 
ficers are  fixed  in  title  I,  part  I,  of  the  Code  of  Civil  Pro- 
cedure.    En.  March  12,  1872. 

Designation  of  judicial  officers:  See  Code  Civ.  Proc, 
see.  33. 

Judicial  officers,  election,  etc.:  See  Code  Civ.  Proc, 
sees.  40-42,  65-70,  110,  156-159. 

Judicial  department:  Const.  Cal.,  art.  VI.  Functions  in- 
dependent:   See   Const.   Cal.,   art.   III. 

Jurisdiction  of  courts:  See  Code  Civ.  Froc,  sees.  33  et 
seq. 

CHAPTER  V. 

SALARIES    OF   JUSTICES   OP   THE    SUPREME    COURT  AND    SUPE- 
RIOR  JUDGES,    AND   OFFICERS    CONNECTED 
WITH    THE    SUPREME    COURT. 

§  736.  Justices  of  supreme  court  and  district  courts  of  appeal,  salaries 
of. 

§  737.     Supreme  judges,   salaries  of. 

§  738.     Same. 

§  739.  Supreme  court  and  district  court  of  appeal,  officers  of,  and  sal- 
aries. 

§  736.  Justices  of  supreme  court  and  district  courts  of 
appeal,  salaries  of.  The  annual  salary  of  each  justice  of  the 
supreme  court  is  eight  thousand  dollars;  and  the  annual 
salary  of  each  justice  of  the  several  district  courts  of  ap- 
peal is  se/en  thousand  dollars.  En.  March  12,  1872. 
Am'd.  1905,  224. 

§  737.  Superior  judges,  salaries  of.  The  annual  salaries 
of  the  judges  of  the  superior  courts  of  the  city  and  county 
of  San  Francisco  are  six  thousand  dollars,  of  the  counties 
of  Alameda  and  I^os  Angeles  five  thousand  dollars,  San 
Joaquin,  Santa  Clara,  Santa  Cruz,  San  Mateo,  Yuba,  Sutter, 
Sacramento,  Butte,  Nevada,  Sonoma,  Colusa,  Monterey, 
San  Luis  Obispo,  Shasta,  Siskiyou,  Santa  Barbara,  San 
Diego,  Marin,  Mendocino,  Tehama,  San  Bernardino,  Kern, 


157  SALARIES.  S§  738,  739 

Placer,  Humboldt,  Tulare,  Fresno,  Solano,  Yolo,  Contra 
Costa,  Kings,  Amador,  Calaveras,  Stanislaus,  El  Dorado, 
Merced,  Madera,  Tuolumne,  Napa,  and  San  Benito,  four 
thousand  dollars,  of  the  county  of  Orange  three  thousand 
five  hundred  dollars,  and  of  the  county  of  Alpine  two  thou- 
sand dollai^;  one-half  of  which  shall  be  paid  by  the  state 
and  the  oUier  half  thereof  by  the  county  of  which  the 
judge  is  elected  or  appointed.  En.  March  12,  1872.  Am'd. 
1905,  75. 

Constitution,  art.  VI,  sec.  24,  provides  that  no  judge  shall 
draw  salary  until  he  has  made  affidavit  that  no  cause 
remains  undecided  for  ninety   days. 

§  738.  Same.  The  annual  salaries  of  the  judges  of  the 
other  superior  courts  are  three  thousand  dollars  each,  one- 
half  thereof  payable  by  the  state,  and  the  other  half  there- 
of payable  by  the  county  for  which  the  judge  is  elected. 
En.  March  12,   1872.     Am'd.  1880,  88. 

§  739.  Supreme  court  and  district  courts  of  appeal,  offi- 
cers of,  and  salaries.  The  annual  salaries  of  the  officers 
connected  with  the  supreme  court  are  as  follows:  The  re- 
porter of  the  decisions  of  the  supreme  court  and  of  the 
district  courts  of  appeal,  twenty-five  hundred  dollars;  the 
assistant  reporters  of  the  decisions  of  the  supreme  court 
and  of  the  district  courts  of  appeal,  not  exceeding  three 
in  number,  one  at  twenty-four  hundred  dollars  and  two  at 
twelve  hundred  dollars  each;  one  phonographic  reporter, 
three  thousand  dollars,  and  one  phonographic  reporter, 
twenty-four  hundred  dollars;  two  secretaries  of  the  court, 
each,  twenty-four  hundred  dollars;  each  bailiff,  fifteen  hun- 
dred dollars;  the  librarian,  fifteen  hundred  dollars.  En. 
March  12,  1872.  Am'd.  1880,  88;  1887,  221;  1897,  205;  1901 
115;  1905,  165. 

Cal.  Rep.  Cit.     57,  652. 

Phonographic  reporter:   Post,  sees.  769,  770. 

Secretary  and  bailiff,  appointment:  See  Code  Civ.  Proc, 
sees.  265,  266. 


§§  740-751  MINISTERIAL   AND  OTHER  OFFICERS.  158 


chapte:i  VI. 

MINISTERIAL    AND    OTHER    OFFICERS    CONNECTED    WITH    THK 
COURTS. 

Article    I.  Clerk    of   the    Supreme   Court,    §§    749-758. 

II.  Reporters   of  the   Supreme   Court,    §§    767-782.     • 

III.  Notaries   Public,    §§   791-801. 

IV.  Commissioners    of    Deeds,     §§    811-817. 
V.  Other   Officers,    §§    S27-S31. 

ARTICLE  I. 

CLERK  OF  THE  SUPREME  COURT. 

§  749.  Election   and   term   of  office. 

§  750.  General   duties. 

§  751.  May   appoint   deputies. 

§  TolVa.  .Stenographer,    appointment   and   salary   of. 

§  752.  Fees. 

§  753.  Disposition    of    fees. 

§  75i.  Settlements,    \yhen   and  how  made. 

§  755.  Salary   of   clerk. 

§  756.  Salary    of   deputies 

§  7.57.  Official  bond. 

§  758.  District   courts  of   appeal,    officers   of   and    salaries. 

§  749.  Election  and  term  of  office.  The  clerk  of  the 
supreme  court  is  elected  at  the  same  time  the  governor 
is  elected,  and  holds  his  otnce  for  the  term  of  four  years 
from  and  after  the  first  Monday  in  December  next  succeed- 
ing his  election.     En.  March  12,  1872. 

Clerk  ol  supreme  court,  legislature  to  provide  for  elec- 
tion, etc.:  See  Const.  Cal.,  art.  VI,  sec.  14. 

Vacancy  in  office,  how  filled:  Post,  sec.  1001. 

§  750.  General  duties.  The  clerk  of  the  supreme  court 
must  perform  such  duties  as  are  prescribed  in  the  Penal 
Code  and  Code  of  Civil  Procedure,  and  such  duties  as  may 
be  required  of  him  by  the  rules  and  practice  of  the  court. 
En.  March  12,  1872. 

Duties,  to  be  fixed  by  legislature:  Const.  Cal.,  art.  VI, 
Fee.  14. 

§  751.  iVIay  appoint  deputies.  There  shall  be  appointed 
by  the  clerk  of  the  supreme  court  five  deputy  clerks  of  the 
supreme  court;  and  there  shall  likewise  be  appointed,  in 
addition  thereto,  a  chief  deputy  clerk  of  said  supreme 
court,  who  shall  act  as  clerk  of  the  supreme  court  in  the 
absence  of  said  clerk.  The  chief  deputy  clerk  and  deputy 
clerks  of  the  supreme  court  shall  be  civil  executive  ofla- 


169  MINISTERIAL,   AND    OTHER    OFFICERS.  §§  751%-751 

cers.     En.  March   12,   1872.     Am'd.   1875-6,   23;    1877-8,  22; 
1880,  5;   1881,  48;   1891,  508;  1899,  142. 
Salaries  of  deputies:  Post,  sec.  756. 

§  751^.  Stenographer,  appointment  and  salary  of.  The 
clerk  of  the  supreme  court  is  hereby  authorized  to  employ 
a  stenographer,  whose  salary  shall  be  one  thousand 
($1,000.00)  Collars  annually  and  be  payable  at  the  same 
time  and  in  the  same  manner  as  other  state  officers  are 
paid.     En.  S^ats.  1903,  186. 

§  752.  Fees.  He  must  collect  in  advance  the  following 
fees:  For  filing  the  transcript  on  appeal,  in  each  civil  case 
appealed  to  the  supreme  court,  ten  dollars,  in  full  of  all 
services  rendered  in  each  case  up  to  the  rendering  of  the 
judgment  or  the  issuing  of  the  remittitvir,  when  no  petition 
for  a  rehearing  has  been  filed;  for  filing  a  petition  for  a 
rehearing,  and  for  all  services  to  the  issuing  of  remittitur 
to  the  court  below,  two  dollars  and  fifty  cents;  for  filing 
motion  to  dismiss  appeal  on  clerk's  certificate,  two  dollars 
and  fifty  cents;  for  filing  petitions  for  writs  of  mandate, 
review,  prohibition,  and  other  original  proceeding,  seven 
dollars  and  fifty  cents,  in  full  for  all  services  rendered  in 
each  case;  for  filing  order  extending  time  to  file  transcript, 
fifty  cents;  for  certificate  of  admission  as  attorney  and 
counselor,  ten  dollars;  for  filing  each  paper  in  writs  of 
error  to  the  supreme  court  of  the  United  States,  twenty- 
five  cents;  for  making  record  in  writs  of  error  to  the 
supreme  court  of  the  United  States,  and  for  copies  of  any 
record  or  document  in  his  office,  per  folio,  ten  cents;  but 
this  fee  shall  not  be  taxed  against  parties  to  suit  for  any 
paper  or  copy  of  paper  up  to  and  including  remittitur;  for 
comparing  any  document  requiring  any  document  requiring 
a  certificate,  per  folio,  five  cents;  for  each  certificate  under 
seal,  one  dollar.  En.  March  12,  1872.  Am'd.  1877-8,  23; 
1895,  29. 

Cal.  Rep.  Cit.     143,  172. 

§  753.  Disposition  of  fees.  All  fees  collected  by  him 
must  be  paid  into  the  state  treasury,  eighty  per  cent 
thereof  to  the  credit  of  the  general  fund,  and  twenty  per 
cent  thereof  to  the  credit  of  the  supreme  court  library 
fund.     En.  March  12,  1872.     Am'd.  1877-8,  23. 

§  754.  Settlements,  when  and  how  made.  He  is  re- 
sponsible and  must  account  for,  and  in  his  settlement  with 


§§  755-757  MINISTERIAL.  AND  OTHER  OFFICERS.  W) 

the  controller  must  be  charged,  with  the  full  amount  of 
all  fees  collected  or  chargeable,  and  accruing  in  causes 
brought  into  the  court,  for  services  rendered  therein  up  to 
the  time  of  each  settlement,  and  must,  at  the  end  of  every 
month,  pay  the  same  into  the  state  treasury.  He  must 
also,  at  the  end  of  every  month,  render  to  the  controller 
of  state,  in  such  form  as  that  officer  prescribes,  an  account 
in  detail,  under  his  own  oath,  of  all  fees  chargeable  and 
accruing  in  causes  brought  into  court  and  not  included  in 
his  previous  accounts  rendered.  His  salary  must  not  be 
allowed  or  paid  until  all  fees  so  accruing,  and  for  which  he 
is  chargeable,  have  been  accounted  for  and  paid  over.  En. 
March  12,  1872.     Am'd.  1877-8,  23. 

§  755.  Salary  of  clerk.  The  annual  salary  of  the  clerk 
of  the  supreme  court  is  three  thousand  dollars.  En.  March 
12,  1872.     Am'd.  1880,  88. 

Cal.  Rep.  Cit.     67,  627. 

Salary  of  clerk,  withheld  until  fees  settled  for:  Ante, 
sec.  754. 

§  756.  Salary  of  deputies.  The  annual  salary  of  the 
chief  deputy  clerk  of  the  supreme  court  shall  be  twenty- 
four  hundred  dollars;  the  annual  salary  of  each  of  the 
deputy  clerks  of  the  supreme  court  shall  be  eighteen  hun- 
dred dollars.  The  salaries  of  the  chief  deputy  clerk  and 
the  deputy  clerks  of  the  supreme  court  shall  be  paid  out 
of  the  state  treasury  in  the  same  manner  and  at  the  same 
time  as  the  salaries  of  other  state  officers  are  paid.  En. 
March  12,  1872.     Am'd.  1875-6,  23;  1877-8,  24;  1899,  142. 

§  757.  Official  bond.  The  clerk  of  the  supreme  court 
must  execute  an  official  bond  in  the  sum  of  ten  thousand 
dollars.     En.  March  12,  1872. 

Official  bond:   See  post,  sees.  947-987. 

§  758.     District  courts  of  appeal,  officers  of  and  salaries. 

Each  of  the  three  district  courts  of  appeal  may  employ  and 
appoint  the  following  officers  of  their  respective  courts, 
and  whose  salaries  shall  be  as  follows:  One  clerk,  at  twen- 
ty-four hundred  dollars  per  annum;  one  deputy  clerk  at 
eighteen  hundred  dollars  per  annum;  one  stenographer, 
who  shall  be  a  deputy  clerk,  at  eighteen  hundred  dollars 
per  annum;  and  one  bailiff  at  twelve  hundred  dollars  per 
annum.     En.  Stats.  1905,  170. 


161  MINISTERIAL  AND  OTHER  OFFICERS.  §5  767-770 

ARTICLE'  II. 

REPORTERS    OF    THE    SUPREME    COURT. 

§  767.  Supremo   court   and   district  courts  of  appeal,    appointment   of  re- 
porter of  decisions   of,   and  assistants. 

§  768.  Affidavit    to   be   made    b.v    appointee.     (Repealed.) 

§  769.  Plionograplaic   reporters,   appointment  and   terms  of  office. 

§  770.  Duties   of  phonographic  reporter. 

§  771.  General   duties   of   reporter  of  decisions. 

§  772.  Same. 

§  773.  Reports,    made   in    what   manner   and   form. 

§  774.  Juf-tices   must   supervise   publication. 

§  775.  Proof    sheets. 

§  776.  Original    papers. 

§  777.  Style   of  reports. 

§  778.  Publication    by    contract. 

§  770.  Advertisement   and    award. 

§  7S0.  Contract,    what    to    require. 

§  781.  Purchase   of  volumes   for   use   of   state. 

§  782.  Publication  by  state  printer. 

§  767.  Supreme  court  and  dfstrict  courts  of  appeal,  ap- 
pointment of  reporter  of  decisions  of,  and  assistants.     The 

reporter  of  the  decisions  of  the  supreme  court  and  of  the 
district  courts  of  appeal,  and  not  more  than  three  assistant 
reporters  thereof,  shall  each  be  appointed  by  the  supreme 
court,  and  shall  each  hold  office  and  be  removable  at  the 
pleasure  of  the  supreme  court.  En.  March  12,  1872.  Am'd. 
Stats.  1877-8,  389;   1905,  220. 

Superseded  by  section  21,  article  VI,  of  the  constitution. 

Appointment  by  reporter. — Deputy  may  be  appointed  by 
reporter:  Stats.  1881,  p.  9. 

Salary  of  reporter:   Ante,  sec.  739. 

Publication  of  opinions  of  supreme  court,  fundamental 
provision  for:  Const.  Cal.,  art.  VI,  sec.  16. 

Decisions  of  supreme  court,  requisites  and  scope:  See 
Code  Civ.  Proc,  sees.  49,  53.  To  be  in  writing:  Const. 
Cal.,  art.  VI,  sec.  2. 

§  768.  Affidavit  to  be  made  by  appointee.  (Repealed.) 
En.  March  12,  1872.     Am'd.  Stats.  1877-8,  389. 

§  769.  Phonographic  reporters,  appointment  and  terms 
of  office.  The  supreme  court  may  also,  in  like  manner, 
appoint  two  phonographic  reporters  for  the  court,  to  hold 
office  at  its  pleasure.     En.  March  12,  1872.     Am'd.  1897,  209. 

§  770.  Duties  of  phonographic  reporter.  It  is  the  duty 
of  the  phonographic  reporter  to  attend  upon  the  court 
during  its  sessions,  and  to: 

Pol.  Code— 11 


§§  771-777  MINISTERIAL,   AND    OTHER   OFFICERS.  IC? 

1.  Note  the  points  made  by  counsel  in  oral  arguments; 

2.  To  take  down  all  opinions  of  the  court  delivered 
orally; 

3.  Write  out  his  notes  in  longhand  upon  the  order  of  the 
court,  and  deliver  such  writing  to  the  reporter  of  the  de- 
cisions of  the  court; 

4.  Perform  such  other  duties  as  may  be  imposed  upon 
him  by  the  court  or  a  justice  thereof.     En.  March  12,  1872 

§  771.     General    duties    of    reporter    of    decisions.     The 

reporter  of  the  decisions  of  the  supreme  court  must  pre- 
pare a  report  of  such  cases  decided  as  he  may  by  the  court 
be  directed  to  report.     En.  March  12,  1872. 

§  772.  Same.  He  must,  from  the  notes  delivered  to  him 
by  the  phonographic  reporter,  prepare  a  report  on  each 
of  the  cases  included  therein,  and  after  preparing  such 
report,  must  submit  it  to  the  court  for  correction  and 
approval.     En.  March  12,  1872. 

§  773.  Reports,  made  in  what  manner  and  form.  Each 
report  must  be  made  in  manner  and  form  as  the  court  may 
direct.     En.  March   12,  1872. 

§  774.     Justices  must  supervise  publication.    The  reports 

must  be  published  under  the  supervision  of  the  court,  and 
to  that  end  each  of  the  justices  must  be  furnished  by  the 
reporter  with  proof  sheets  of  each  volume  thirty  days  be- 
fore its  final  publication.     En.  March  12,  1872. 

§  775.  Proof  sheets.  Within  thirty  days  after  such 
proof  sheets  are  furnished,  the  justices  may  return  them 
to  the  reporter,  with  corrections  or  alterations,  and  he 
must  make  the  corrections  or  alterations  accordingly, 
En.  March  12,  1872. 

§  776.  Original  papers.  The  reporter  may  take  the 
original  opinions  and  papers  in  each  case  from  the  clerk's 
office  and  retain  them  in  his  possession  not  exceeding 
sixty  days.     En.  March  12,  1872. 

§  777.  Style  of  reports.  The  reports  must  be  published 
in  well-bound  volumes,  and  must  be  printed  on  good  book 
paper,  in  small  pica  leaded,  and  brevier,  equal  in  quality 
of  paper  and  binding  to  volumes  thirty-three  to  thirty-nine, 
inclusive,  of  California  Reports.  En.  March  12,  1872. 
Am'd.  1873-4,  12;  1873-4,  68. 


163  MINISTERIAL,    AND    OTHER    OFFICERS.  §§  778-781 

§  778.  Publication  by  contract.  The  reporter  shall 
have  no  pecuniary  interest  in  the  volumes  of  reports,  but 
they  must  be  published  under  the  supervision  of  the  court 
and  reporter,  by  contract,  to  be  entered  into  by  the  re- 
porter, secretary  of  state,  and  attorney-general,  with  the 
person  or  persons  who  shall  agree  to  publish  and  sell  the 
said  reports,  for  a  pei'iod  of  ten  years,  on  the  terms  most 
advantageous  to  the  state  and  public,  and  at  a  rate  not 
to  exceed  four  dollars  per  volume  of  seven  hundred  pages. 
En.  March  12,  1872.     Am'd.  1873-4,  68. 

§  779.  Advertisement  and  award.  Before  entering  into 
said  contract,  it  shall  be  the  duty  of  the  secretary  of  state 
to  advertise  for  proposals  for  the  publication  of  said  re- 
ports for  thirty  days,  in  one  daily  paper  in  Sacramento,  and 
one  daily  paper  in  San  Francisco.  It  shall  be  the  duty  of 
said  reporter,  secretary  of  state,  and  attorney-general,  to 
consider  all  proposals  for  the  publication  of  said  reports 
which  may  be  made  to  them,  and  to  award  the  contract 
to  the  person  or  persons  who  may  agree  to  publish 
and  sell  the  same  on  the  terms  most  advantageous  to  the 
state  and  public.  En.  March  12,  1872.  Rep.  1873-4,  69. 
En.  1873-4,  69. 

§  780.  Contract,  what  to  require.  The  contract  must 
require  the  publisher  to  print  and  publish  each  volume  in 
the  style  required  by  section  seven  hundred  and  seventy- 
seven,  within  sixty  days  from  the  time  at  which  the  manu- 
script is  delivered  by  the  reporter,  to  sell  three  hundred 
copies  to  the  state  at  the  price  fixed  in  the  contract,  and 
to  keep  on  hand  and  for  sale,  at  the  price  stipulated  in  the 
contract,  a  sufficient  number  of  copies  of  each  volume  to 
supply  all  demands  for  six  years  from  the  publication 
thereof,  and  to  give  bonds  for  the  fulfillment  of  the  terms 
of  the  contract  in  the  sum  of  ten  thousand  dollars.  En. 
March  12,  1872.     Rep.  1873-4,  69.     En.  Stats.  1873-4,  69. 

§  781.     Purchase   of  volumes  for   use   of  state.     On  the 

publication  of  each  volume  of  reports,  the  secretary  of 
state  must  purchase,  for  the  use  of  the  state,  three  hundred 
copies  of  said  volume,  at  the  price  named  in  the  contract, 
not  exceeding  four  dollars  per  volume,  and  after  having 
distributed  the  same,  as  required  by  section  four  hundred 
and  ten,  shall  deposit  the  surplus  copies,  if  any  there  be. 


§§  7S2,  791  MINISTERIAL   AND   OTHER   OFFICERS.  164 

in  the   state   library.     En.   March   12,    1872.     Am'd.   1873-4, 
13;   1873-4,  70. 

§  782.  Publication  by  state  printer.  If,  after  advertis- 
ing as  required  by  section  seven  hundred  and  seventy-nine, 
no  proposals  are  received  by  the  secretary  of  state,  agree- 
ing to  print,  publish,  and  sell  said  volumes  at  a  price  not 
exceeding  four  dollars  per  volume,  then  the  state  printer 
must  print  and  bind  twelve  hundred  copies  of  each  volume, 
and  deliver  to  the  secretary  of  state  all  the  copies  printed 
by  him;  and  the  secretary  of  state  must  keep  the  copies 
of  the  edition  not  distributed  under  the  provisions  of 
section  four  hundred  and  ten  on  sale  at  four  dollars  per 
volume,  at  retail,  and  at  such  wholesale  price  as  may  be 
fixed  by  the  governor,  controller  and  secretary  of  state, 
and  must,  at  the  end  of  each  month,  pay  into  the  state 
treasury  the  proceeds  of  all  sales  made  by  him.  This  act 
shall  not  apply  to  any  volume  of  reports,  the  printing  of 
which  may  have  been  commenced  by  the  state  printer 
at  the  time  the  contract  herein  provided  for  is  made.  En. 
Stats.  1873-4,  70. 


ARTICLE  III. 

NOTARIES     PUBLIC. 

§  Tni.  Nuinbor   of   notaries. 

§  7i)2.  QuaUfications  and  residence. 

§  79.'5.  Terms    of   office. 

I  794.  General    duties    of. 

§  795.  Protests,    evidence   of  facts   stated. 

§  7!-6.  Records  of,   on   death   or  resignation. 

§  797.  Certified   copies   of   records   of  a   predecessor 

§  798.  Fees. 

§  799.  Official    bond. 

I  800.  Notaries   public,    time   to    qualify. 

§  801.  I..iabilities    on    official    bond. 

§  791.  Number  of  notaries.  The  governor  may  appoint 
and  commission  such  number  of  notaries  public  for  the 
several  counties  and  cities  and  counties  of  this  state  as  he 
shall  deem  necessary  for  the  public  convenience,  except 
that  in  cities  and  counties  of  the  first  class  the  number 
shall  not  exceed  eighty.  En.  March  12,  1872.  Am'd.  1873- 
4,  13;  1877-8,  24;  1880,  59;  1887,  79;  1889,  377;  1893.  289; 
1901,  793;   1903,  244;  1905,  199. 

Additional  notary  public  for  San  Francisco,  at  Preside: 
See  post,  Appendix,  title  Notaries. 


t£i  MINISTERIAL    AND    OTHER    OFFICERS.  §§  792-794 

§  792.  Qualifications  and  residence.  Every  person  ap- 
pointed as  notary  public  must,  at  the  time  of  appointment, 
be  a  citizen  of  the  United  States  and  of  this  state,  and 
twenty-one  years  of  age;  must  have  resided  in  the  county 
for  which  the  appointment  is  made  for  six  months.  Wo- 
men having  these  qualifications  may  be  appointed.  En. 
March   12,  1872.     Am'd.  1891,  29. 

Elector:   Post,  sec.  1083. 

Residence:   Ante,  sec.  52. 

§  793.  Terms  of  office.  The  term  of  office  of  a  notary 
public  is  four  [4]  years  from  and  after  the  date  of  his 
commission.  En.  March  12,  1872.  Rep.  1889,  378.  En. 
Stats.   1899,   11. 

Vacancies,  and  the  modes  of  supplying  them:  Post,  sees. 
996-1004. 

Power  of  successor:  Post,  sees.  796,  797. 

§  794.  General  duties  of.  It  is  the  duty  of  notaries 
public: 

1.  When  requested,  to  demand  acceptance  and  payment 
of  foreign,  domestic,  and  inland  bills  of  exchange,  or 
promissory  notes,  and  protest  the  same  for  nonacceptance 
and  nonpayment,  and  to  exercise  such  other  powers  and 
duties  as  by  the  \a\:  of  nations  and  according  to  com- 
mercial usages,  or  b"'  the  laws  of  any  other  state,  govern- 
ment, or  country,  may  be  performed  by  notaries; 

2.  To  take  the  acknowledgment  or  proof  of  powers  of 
attorney,  mortgages,  deeds,  grants,  transfers,  and  other 
instruments  of  writing  executed  by  any  person,  and  to  give 
a  certificate  of  such  proof  or  acknowledgment,  indorsed 
on  or  attached  to  the  instrument; 

3.  To  take  depositions  and  affidavits,  and  administer 
oaths  and  affirmations,  in  all  matters  incident  to  the  duties 
of  the  office,  or  to  be  used  before  any  court,  judge,  officer, 
or  board  in  this  state; 

4.  To  keep  a  record  of  all  official  acts  done  by  them; 

5.  To  keep  a  record  of  the  parties  to,  date,  and  character 
of  every  instrument  acknowledged  or  proved  before  them; 

6.  When  requested,  and  upon  payment  of  their  fees 
therefor,  to  make  and  give  a  certified  copy  of  any  record 
in  their  office; 

7.  To  provide  and  keep  official  seals,  upon  which  must 
be   engraved  the   arms   of  this  state,   the   words   "notary 


§  795  MINISTERIAL    AND    OTHER   OFFICERS.  16S 

public,"  and  the  name  of  the  county  for  which  they  are 
commissioned; 

8.  To  authenticate  with  their  official  seals  all  official 
acts.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     89,  118. 

Snbd.  1.  Demand  for  acceptance  or  payment,  protest  as 
evidence  of:  Post,  sec.  795.  Presentment  for  acceptance: 
Civ.  Code,  sees.  3185-3189.  Presentment  for  payment:  Sees. 
3.211-3214,  3248.  Excuse  of  presentment  and  notice:  Sees. 
3218-3220. 

Protest,  of  foreign  bills:  Civ.  Code,  sees.  3225-3238. 
Waiver  of:  Civ.  Code,  sec.  3160.  As  evidence:  Post,  sec. 
795. 

Notice  of  protest,  how  given:  Civ.  Code,  sec.  3231;  see 
notice  of  dishonor:  Civ.  Code,  sees.  3141-3151.  Fee  for: 
Post,  sec.  798. 

Subd.  2.  Acknowledgments,  of  instruments,  generally: 
Civ.  Code,  sees.  1180-1207.  Notary's  authority  to  take: 
Civ.  Code,  sees.  1181-1183. 

Subd.  3.  Depositions:  See  Code  Civ.  Proc,  sees.  2019- 
2021.  Manner  of  taking  in  this  state:  See  Code  Civ.  Proc, 
sees.  2031-2038. 

Affid.avits:    See  Code  Civ.  Proc,  sees.  2009-2015. 

Oaths  and  affirmations,  administration  of,  generally: 
Code  Civ.  Proc,  sees.  2093-2097.  By  notary,  authorized: 
Code  Civ.  Proc,  sec.  2093. 

§  795.  Protests,  evidence  of  facts  stated.  The  protest 
of  a  notary,  under  his  hand  and  official  seal,  of  a  bill  of 
exchange, 'or  promissory  note,  for  nonacceptance  or  non- 
payment, stating  the  presentment  for  acceptance  or  pay- 
ment, and  the  nonacceptance  or  nonpayment  thereof,  the 
service  of  notice  on  any  or  all  of  the  parties  to  such 
bill  of  exchange  or  promissory  note,  and  specifying  the 
mode  of  giving  such  notice,  and  the  reputed  place  of 
residence  of  the  party  to  such  bill  of  exchange  or  promis- 
sory note,  and  of  the  party  to  ./hom  the  same  was  given, 
ar.d  the  postoffice  nearest  thereto,  is  prima  facie  evidence 
of  tlie  facts  contained  therein.  En.  March  12,  1872.  Am'd. 
1873-4,  13. 

Cal.  Rep.  Cit.     57,  329;  57,  330;  62,  261;  63,  368;  64,  460. 

Official  seal:  Ante,  sec.  794,  subds.  7,  8. 

Prima  facie  evidence,  entry  by  officer  is:   See  Code  Civ. 


167  MINISTERIAL   AND   OTHER    OFFICERS.  §§  796-799 

Proc,  sees.  1920,  1926.  Generally:  See  Code  Civ.  Proc, 
sec.  1833. 

§  796.     Records   of,   on   death   or   resignation.        If   any 

notary  die,  resign,  is  disqualified,  removed  from  office,  or 
removes  from  the  county  for  which  he  is  appointed,  his 
records  and  all  his  public  papers  must,  within  thirty  days, 
be  delivered  to  the  clerk  of  the  county,  who  must  deliver 
them  to  the  notary's  successor,  when  qualified.  En.  March 
12,  1872. 

Resignations,  vacancies,  and  the  mode  of  supplying 
them:  Post,  sees.  995-1004. 

§  797.     Certified    copies    of    records    of    a    predecessor. 

Every  notary  having  in  his  possession  the  records  and 
papers  of  his  predecessor  in  office  may  grant  certificates 
or  give  certified  copies  of  such  records  and  papers,  in 
like  manner  and  with  the  same  effect  as  such  predecessor 
could  have  done.     En.  March  12,  1872. 

Certificates  and  certified  copies,  of  records  and  papers: 
See  ante,  sees.  794,  795. 

§  798.     Fees.     The  fees  of  notaries  are  as  follows: 

For  drawing  and  copying  every  protest  for  the  non- 
payment of  a  promissory  note,  or  for  the  nonpayment  or 
nonacceptance  of  a  bill  of  exchange,  draft,  or  cheek,  two 
dollars. 

For  drawing  and  serving  every  notice  of  nonpayment 
of  a  promissory  note,  or  of  the  nonpayment  or  nonaccept- 
ance of  a  bill  of  exchange,  order,  draft,  or  cheek,  one 
dollar. 

For  recording  every  protest,  one  dollar. 

For  drawing  an  affidavit,  deposition,  or  other  paper  for 
which  provision  is  not  herein  made,  for  each  folio,  thirty 
cents. 

For  taking  an  acknowledgment  or  proof  of  a  deed  or 
other  instrument,  to  include  the  seal  and  the  writing  of 
the  certificate,  for  the  first  two  signatures,  one  dollar  each, 
and  for  each  additional  signature,  fifty  cents. 

For  administering  an  oath  or  affirmation,  fifty  cents. 

For  every  certificate,  to  include  writing  the  same,  and 
the  seal,  one  dollar.  En.  March  12,  1872.  Am'd.  1873-4, 
71. 

§  799.  Official  bond.  Each  notary  must  execute  an  of- 
ficial  bond   in   the   sum   of   five   thousand   dollars,   which 


§§  SOO-812  MINISTERIAL   AND    OTHER    OFFICERS.  168 

bond  must  be  approved  by  the  judge  of  the  superior  court 
of  his  county,  and  filed  and  recorded  as  other  official  bonds 
of  county  officers.     En.  March  12,  1872.     Am'd.  1880,  19. 

Notary's  official  bond,  liability  on:  Post,  sec.  801.  Bonds 
of  officers,  generally:  Post,  sees.  947-986. 

§  800.  Notaries  public,  time  to  qualify.  Each  notary 
must  file  his  official  bond,  and  take,  subscribe,  and  file 
his  oath  of  office  in  the  office  of  the  county  clerk  within 
twenty  days  from  the  date  of  his  commission,  and  must 
transmit  a  certificate  of  the  facts,  under  the  hand  and  seal 
of  the  county  clerk,  together  with  a  copy  of  his  official 
oath,  signed  by  him  with  his  own  proper  signature,  to  the 
office  of  the  secretary  of  state,  to  be  filed  therein  within 
thirty  days  from  the  date  of  his  commission.  En.  March 
12,  1872.     Am'd.  1877-8,  24;  1903,  191. 

Official  oath,  generally:    Post,   sees.  904-910. 

§  801.  Liabilities  on  official  bond.  For  the  official  mis- 
conduct or  neglect  of  a  notary  public,  he  and  the  sureties 
on  his  official  bond  are  liable  to  the  parties  injured  thereby 
for  all  the  damages  sustained.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     68,  459;   75,  184;  89,  118;  131,  506. 

ARTICLE   IV. 

COMMISSIONER   OF   DEEDS. 

§  811.  Govprnor    to    appoint. 

§  812.  General   powers  of. 

§  813.  Effect   of  acts  done  by  commissioners. 

§  811.  Oath,    when    to   be    filed. 

§  815.  Fees. 

§  816.  List  of  commissioners  to  be  published. 

§  817.  Copy   of   this   article   to  be  transmitted  to  appointee. 

§  811.  Governor  to  appoint.  The  governor  may  appoint 
in  each  state  of  the  United  States,  or  in  any  foreign  state, 
one  or  more  commissioners  of  deeds,  to  hold  office  for 
the  term  of  four  years  from  and  after  the  date  of  their 
commissioner.     En.  March  12,  1872. 

Cal.  Rep.  Cit.    81,  125. 

§  812.  General  powers  of.  Every  commissioner  of  deeds 
has  power,  within  the  state  for  which  he  is  appointed: 

1.  To  administer  and  certify  oaths; 

2.  To  take  and  certify  depositions  and  affidavits; 

3.  To  take  and  certify  the  acknowledgment  or  proof  of 


165  MINISTERIAL,  AND  OTHER  OFFICERS.  §§  813-827 

powers  of  attorney,  mortgages,  transfers,  grants,  deeds,  or 
other  instruments  for  record; 

4.  To  provide  and  keep  an  official  seal,  upon  which  must 
be  engraved  the  arms  of  this  state,  the  words  "Commis- 
sioner of  deeds  for  the  state  of  California,"  and  the  name 
of  the  state  for  which  he  is  commissioned; 

5.  To  authenticate  with  his  official  seal  all  his  official 
acts.     En.  March  12,  1872. 

Acknowledgments,  out  of  state:  See  Civ.  Code,  sec.  1182. 

§  813.  Effect  of  acts  done  by  commissioners.  All  oaths 
administered,  depositions  and  affidavits  taken,  and  all  ac- 
knowledgments and  proofs  certified  by  commissioners  of 
deeds,  have  the  same  force  and  effect,  to  all  intents  and 
purposes,  as  if  done  and  certified  in  this  state  by  any 
officer  authorized  by  law  to  perform  such  acts.  En.  March 
12,  1872. 

§  814.  Oath,  when  to  be  filed.  The  official  oaths  of  com- 
missioners of  deeds  must  be  filed  in  the  office  of  the 
secretary  of  state  within  six  months  after  they  are  taken. 
^H.  March  12,  1872. 

§  815.  Fees.  The  fees  of  commissioners  of  deeds  are 
the  same  as  those  prescribed  for  notaries  public.  En. 
March  12,  1872. 

§  816.     List    of    commissioners    to    be    published.     The 

names  of  all  persons  appointed  commissioners  must  be 
published  three  times  in  some  weekly  newspaper,  pub- 
lished at  the  seat  of  government  of  the  state.  En.  March 
12,  1872. 

§  817.  Copy  of  this  article  to  be  transmitted  to  appoin- 
tee. The  secretary  of  state  must  transmit,  with  the  com- 
mission to  the  appointee,  a  certified  copy  of  this  article, 
and  of  section  798.     En.  March  12,  1872. 

ARTICLE  V. 

OTHER   OFFICERS. 

§  827.  Court    commissioners. 

§  S28.  Secretary  and   bailiff  of  the  supreme  court. 

§  829.  Plionographic    reporters. 

§  830.  Clerlis,   sheriffs,   coroners,  and  other  county  officers,  etc. 

§  831.  Attorneys   an'd   counselors   at   law. 

§  827.  Court  commissioners.  The  mode  of  appointment, 
powers,  and  duties  of  court  commissioners  are  fixed   by 


§§  828-831  GENERAL,    PROVISIONS.  JW 

chapter  II,  title  III,  part  I,  of  the  Code  of  Civil  Procedure. 
En.  March  12,  1872. 

Court  commissioners:  Code  Civ.  Proc,  sees.  258,  259. 

§  828.  Secretary  and  bailiff  of  the  supreme  court.  The 
mode  of  appointment,  powers,  and  duties  of  the  secretary 
and  bailiff  of  the  supreme  court  are  fixed  hf  chapter  II, 
title  IV,  part  I,  of  the  Code  of  Civil  Procedure.  En.  March 
12,  1872. 

Secretaries  and  bailiffs  of  supreme  court:  Code,  Civ. 
Proc,  sees.  265,  266.    Salaries:  Ante,  sec.  739,  of  this  code. 

§  829.  Phonographic  reporters.  The  mode  of  appoint- 
ment, powers,  and  duties  of  phonographic  reporters  are 
fixed  by  chapter  III,  title  IV,  part  I,  of  the  Code  of  Civil 
Procedure,  and  sections  769  and  770  of  this  code.  En. 
March  12,  1872. 

Phonographic  reporters:  Code  Civ.  Proc,  sees.  268-274; 
Of  supreme  court,  salary:  Ante,  sec.  739,  of  this  code. 

§  830.  Clerks,  sheriffs,  coroners,  and  other  county  offi- 
cers, etc.  The  mode  of  election  of  clerks,  sheriffs,  coron- 
ers, and  other  county  and  township  officers,  is  fixed  by  part 
IV,  of  this  code.     En.  March  12,  1872. 

County  officers,  election  of:  Post,  sec.  4109. 

§  831.  Attorneys  and  counselors  at  law.  The  admission 
of  attorneys  and  counselors  at  law  is  provided  for  and 
their  duties  fixed  in  chapter  I,  title  V,  part  I,  of  the  Code 
of  Civil  Procedure.     En.  March  12,  1872. 

Attorneys  and  counselors  at  law:  Code  Civ.  Ftoc,  sees. 
275-299. 

CHAPTER  VII. 

GENERAL     PROVISIONS     RELATING     TO     DIFFERENT     CLASSES 
OF    OFFICERS. 

Article    I.  Disqualification,     §§    841-843. 

II.  Restrictions  upon   the  Residence  of  Officers,    §§   852-855. 

III.  Powers  of   DeiJUtles,    §   865. 

IV.  Appointment  ana   Duration  of  Term,    §§   875-879. 
v.  Nominations   and   Commissions,    §§    889-894. 

VI.     Oath   of  Offlc3,    §§    904-910. 

VII.     Prohibitions    Applicable    to    Certain    Officers,    §§    920-926. 
VIII.     Salaries,    when   Title  is   Contested,    §§   936,   937. 
IX.     Bonds    of    Ofllcfcrs,    §§    947-987. 
X.    Resignations,    Vacancies,   and   the  Mode  of  Supplying  them, 

§§    935-1004. 
XI.    Proceedings   to    Compel   Delivery   of   Books  and    Papers,    §S 

1014-1016. 
XII.    Miscellaneous  Provisions,    §§   1026-1032. 


m  GENERAL    PROVISIONS.  §§  841,  842 

ARTICLE   I. 

DISQUALIFICATIONS. 

§  S41.     Age   and    citizenship. 

§  842.     Other   disaualiflcations. 

§  S43.     County  officer  not   to  act  as  deputy. 

§  841.  Age  and  citizenship.  No  person  is  capable  of 
holding  a  civil  -ffice  who  at  the  time  of  his  election  or 
appointment  is  not  of  the  age  of  twenty-one  years  and  a 
citizen   of  this   state.     En.   March    12,  1872. 

Cal.  Rep.  CiL     51,  297;  136,  653;  142,  588. 

Civil  office,  as  distinguished  from  military:  See  as  to 
executive  officers,  ante,  sec.  341. 

Over  twenty-one:  See  Civ.  Code,  sec.  25,  subd.  1.  Wo- 
men eligible  to  educational  offices:  Stats. '1874,  p.  356;  see 
post,  Appendix,  title  Officers. 

Citizens,  who  are:  Ante,  sec.  52. 

Citizenship,  as  requisite  for  judicial  officers:  Code  Civ. 
Proc,  sees.  156,  157,  159. 

§  842.  Other  disqualifications.  Provisions  respecting 
disqualification  for  particular  offices  are  contained  in  the 
constitution  and  in  the  provisions  of  the  codes  concerning 
the    various    offices.     En.    March    12,    1872. 

Disqualification  for  holding  office,  by  Const.  Cal.:  Bribery 
as,  art.  XX,  sees.  10,  11;  dueling  as,  art.  XX,  sec.  2;  em- 
bezzlement or  defalcation  as,  art.  IV,  sec.  21;  federal 
officers,  of,  art.  IV,  sec.  20;  forgery  as,  art.  XX,  sec.  11; 
governor,  of,  art.  V,  sec.  3;  while  holding  other  office,  art. 
V,  sec.  12;  high  crimes  as,  art.  XX,  sec.  11;  impeachment, 
judgment  in  as,  art.  IV,  sec.  18;  judicial  officers,  of,  for 
post  of  nonjudicial  character,  art.  VI,  sec.  18;  legislature, 
members  of,  art.  IV,  sec.  4;  what  civil  office  of  profit 
ineligible  to,  art.  IV,  sec.  19;  if  influenced  by  reward  or 
promise  thereof,  art.  V,  sec.  35;  lieutenant-governor,  from 
holding  other  office,  art.  V,  sec.  15;  malfeasance  in  office 
as,  art.  XX,  sec.  11;  perjury  as,  art.  XX,  sec.  11;  of  lobby- 
ing, art.  IV,  sec.  35.  By  code:  Judicial  officers,  Code  Civ. 
Proc,  sees.  156,  157,  159. 

Sex  not  a  disqualification,  for  any  occupation:  Const. 
Cal.,  art.  XX,  sec.  IS.  Women  eligible  to  educational 
offices:  Stats.  1874,  p.  356.  Female  teachers  to  receive 
same  compensation  as  males:  Stats.  1874,  p.  938. 


§§  S43-S53  GENERAL    PROVISIONS.  i72 

Fees,  what  judicial  officers  not  to  receive:  Const.  Gal., 
art.  VI,  sec.  15. 

§  843.  -County  officer  not  to  act  as  deputy.  No  county 
officer  must  be  appointed  or  act  as  tlie  deputy  of  another 
officer  of  the  same  county,  except  in  cases  where  the  pay 
of  the  officer  so  appointed  amounts  to  a  sum  less  than 
seventy-five  dollars  per  month.  En.  Stats.  1873-4,  14. 
Am'd.  1875-6,  23. 

Powers  of  deputies:   Post,  sec.  865. 

County  officers:  Post,  sees.  4101  et  seq. 

ARTICLE  II. 

RESTRICTIONS    UPON    THE    RESIDENCE    OF    OFFICERS. 

§  S52.  Certain   officers  must  reside   in    Sacramento. 

§  8.53.  Absence    from    the    state. 

§  8.54.  Restrictions    upon    judicial    officers. 

§  855.  Restrictions    upon    county    officers. 

§  852.     Certain  officers  must  reside  in  Sacramento.     The 

following  officers  m,ust  reside  at  and  keep  their  offices  in 
the  city  of  Sacramento: 

The  governor;  .secretary  of  state;  controller;  treasurer 
of  state;  attorney-general;  surveyor-general;  state  printer; 
superintendent  of  public  instruction;  justices  of  the  su- 
preme court;  clerk  of  the  supreme  court;  reporters  of  the 
supreme  court;  and  adjutant-general.     En.  March  12,  1872. 

Residence,  rules  for  determining:  Ante,  sec.  52.  Justices 
of  supreme  court,  eligibility  based  on:  See  Code  Civ.  Proc, 
sec.  156.     Other  judicial  officers:   See  post,  sec.  854. 

"Absence  from  this  state  on  business  of  the  state  or  of 
the  United  States  shall  not  affect  the  question  of  residence 
of  any  person":   Const.  Cal.,  art.  XX,  sec.  12. 

§  853.  Absence  from  tlie  state.  No  officer,  state,  county, 
or  municipal,  shall  absent  himself  from  the  state  for  more 
than  sixty  days,  unless  upon  business  of  the  state,  or  with 
the  consent  of  the  legislature;  provided,  that  in  the  case 
of  illness  or  other  urgent  necessity,  the  governor  in  the 
case  of  state  officers,  the  board  of  supervisors  in  the  case 
of  county  officers,  the  city  council  or  other  governing  body 
of  the  municipality  in  the  case  of  municipal  officers,  shall, 
upon  a  proper  showing  of  such  illness  or  necessity,  extend 


173  GENERAL,    PROVISIONS.  §§  SSi-SeS 

the  time  herein  limited  for  the  absence  of  any  such  officer 
from  the  state.  En.  March  12,  1872.  Am'd.  1883,  280;  1897, 
78. 

Absence  from  the  state,  of  judicial  officers,  forfeiture  of 
office  for:  Const.  Cal.,  art.  VI,  sec.  9.  Of  governor,  effect 
of:   Const.  Cal.,  art.  V,  sec.  16. 

Business  of  the  state,  absence  from  state  on,  not  to 
affect  residence  of  any  person:  Const.  Cal.,  art.  XX,  sec.  12. 

Consent  of  the  legislature,  not  to  be  given  to  absence  of 
judicial  officer:   Const.  Cal.,  art.  VI,  sec.  9. 

§  854.  Restrictions  upon  judicial  officers.  Restrictions 
upon  the  residence  of  other  judicial  officers  are  contained 
in  the  Code  of  Civil  Procedure.     En.  March  12,  1872. 

Other  judicial  officers,  restrictions  on  residence  of:  Code 
Civ.  Proc,  sees.  157-159. 

§  855.  Restrictions  upon  county  officers.  Restrictions 
upon  the  residence  of  county  officers  are  contained  in  part 
IV  of  this  code.     En.  March  12,  1872. 

County  officers,  restrictions  upon  residence  of:  Post, 
sees.  4101,  4119. 

District  and  township  officers,  like  restrictions:  Post, 
sec.  4102. 

ARTICLE  III. 

POWERS    OF   DEPUTIES. 
§  S6J.     Powers   of    deputies. 

§  865.  Powers  of  deputies.  In  all  cases  not  otherwise 
provided  for,  each  deputy  possesses  the  powers  and  may 
perform  the  duties  attached  by  law  to  the  office  of  his 
principal.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     77,  47;    107,  232;   110,  251. 

Deputies,  appointment  of:  Post,  sees.  87G,  894.  Oath  of: 
Post,  sec.  910. 

All  necessary  deputies,  may  be  appointed  by  most 
county  and  township  officers:   Post,  sec.  4112. 


§§  875-879  GENERAL    PROVISIONS.  174 

ARTICLE  rV. 

APPOINTMENT     AND     DURATION     OF     TERMS. 

§  S75.  Appointments,    when   not   otherwise    provided   for. 

§  S76.  Deputies  and   suborOinate   officers. 

§  877.  Number    of    deputies. 

§  878.  Term   of   office,    when   not   prescribed. 

§  879.  Holding   over   until   successor   is   qualified. 

§  875.  Appointments  when  not  otherwise  provided  for. 
Every  officer,  the  mode  of  whose  appointment  is  not  pre- 
scribed by  the  constitution  or  statutes,  must  be  appointed 
by  the  governor.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     110,  451. 

Governor,  to  see  that  all  offices  filled:  Ante,  sec.  380, 
subd.  2.  To  make  appointments  mentioned  in  code:  Ante, 
sec.  380,  subd.  3. 

Legislature  may  direct,  whether  officer  shall  be  elected 
or  appointed,  if  no  provision  on  the  subject,  etc.:  Const. 
Cal.,  art.  XX,  sec.  4. 

§  876.  Deputies  and  subordinate  officers.  All  assistants, 
deputies,  and  other  subordinate  officers,  whose  appoint- 
ments are  not  otherwise  provided  for,  must  be  appointed 
by  the  officer  or  body  to  whom  they  are  respectively  sub- 
ordinate.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     64,  220;   67,  118;   100,  458. 

Power  to  appoint  deputies:   See  post,  sec.  4112. 

Aliens,  not  to  be  appointed  deputies  or  clerks:  Stats. 
1880,   23.     See  General  Laws,  title  Aliens. 

§  877.  Number  of  deputies.  When  the  number  of  such 
deputies  or  subordinate  officers  is  not  fixed  by  law,  it  is 
limited  only  by  the  discretion  of  the  appointing  power. 
En.   March  'l2,  1872. 

Cal.  Rep.  Cit.     102,  25*?;    110,  251. 

Discretion  of  the  appointing  power,  extensive  in  case  of 
county  officers:    Post,  sec.  4112. 

§  878.  Term  of  office,  when  not  prescribed.  Every  office 
of  which  the  duration  is  not  fixed  by  law,  is  held  at  the 
pleasure  of  the  appointing  power.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     G4,  220;  100,  457. 

Similar  constitutional  provisions:  Art.  XX,  sec.  16. 

§  879.  Holding  over  until  successor  is  qualified.  Every 
officer  must  continue  to  discharge  the  duties  of  his  office. 


175  GENERAL   PROVISIONS.  §§  889-892 

although   his   term   has   expired,   until   his   successor   has 
qualified.     En.   March   12,   1872. 

Cal.  Rep.  Cit.     49,  411;  49,  412;  49,  413;  60,  289;  62,  565 
62,  567;   62,  570;    63,  128;    66,  657;   69,  520;   87,  478 
87,  479;  93,  156;  93,  157;  107,  237;  109,  388;  116,  110 
116,  114;  122,  139;  136,  654;  138,  15. 
Resignation  of  office:   See  post,  sec.  995. 

ARTICLE  V. 

NOMINATIONS    AND    COMMISSIONS    OF    OFFICERS. 

§  8S9.  Nominations   to   senate  must   be   in   writing. 

§  890.  Resolution    of   concurrence. 

§  891.  Commissions    by    the   governor. 

§  892.  Form    of    commissions. 

§  893.  Other  commissions. 

§  891.  Appointment    of    deputies,    etc.,    how   made., 

§  889.  Nominations  to  senate  must  be  in  writing.  Nomi- 
nations made  by  the  governor  to  the  senate  must  be  in 
writing,  designating  the  residence  of  the  nominee  and  the 
office  for  which  he  is  nominated.    EH.  March  12,  1872. 

§  890.  Resolution  of  concurrence.  Whenever  the  sen- 
ate concurs  in  a  nomination,  its  secretary  must  immedi- 
ately, deliver  a  copy  of  the  resolution  of  concurrence,  cer- 
tified by  the  president  and  secretary,  to  the  secretary  of 
state,  and  another  copy,  certified  by  the  secretary,  to  the 
governor.     En.    March   12,    1872. 

§  891.  Commissions  by  tlie  governor.  The  governor 
must  commission: 

1.  All  officers  elected  by  the  people,  whose  commissions 
are  not  otherwise  provided  for; 

2.  All  officers  elected  by  the  legislature; 

3.  All  officers  of  the  militia; 

4.  All  officers  appointed  by  the  governor,  or  by  the 
governor  with  the  advice  and  consent  of  the  senate; 

5.  United  States  senators.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     85,  513;   138,  36. 

Duties  of  governor:   See  ante,  sec.  380. 

Appointments  when  not  otherwise  provided:  See  ante, 
sec.  875. 

Register  of  appointments,  governor  to  cause  to  be  kept: 
Ante,  sec.  382,  subd.  4. 

§  892.  Form  of  commissions.  The  commissions  of  all 
officers  commissioned  by  the  governor  must  be  issued  in 


§§  893-905  GENERAL    PROVISIONS.  178 

the  name  of  the  people  of  this  state,  and  must  be  signed 
by  the  governor  and  attested  by  the  secretary  of  state, 
under  the  great  seal.     En.  March  12  1872. 

Similar  constitutional  provision:  Const.  Cal.,  art.  V,  sec. 
14. 

§  893,  Other  commissions.  The  commissions  of  all 
other  ofRcers,  where  no  special  provision  is  made  by  law, 
must  be  signed  by  the  presiding  officer  of  the  body,  or  by 
the  person  making  the  appointment.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     138,  36. 

§  894.     Appointment  of  deputies,   etc.,  Iiow  made.     The 

appointment  of  deputies,  clerks,  and  subordinate  officers, 
when  not  otherwise  provided  for,  must  be  made  in  writ- 
ing, filed  in  the  office  of  the  appointing  power  or  the  office 
of  its  clerk.     En.  March  12,  1872. 

Appointment  of  deputies,  by  whom  made:  Ante,  sec.  876. 
Filed  where  made  by  county  offi-cers,  etc.:  Post,  sec.  4113. 

Oath,  how  taken,  and  where  filed:  Post,  sec.  910. 

ARTICLE  VI. 

OATH    OF   OFFICE. 

§  904.  Oath,    form   of. 

§  90.5.  Oath   of  governor  and  lieutenant-governor. 

§  906.  Oath    of   members    of    the    legi.slature. 

§  907.  Oath,    when    taken 

§  90S.  Oath,  before  whom  taken. 

§  909.  Oath,    where   filecl. 

§  910.  Oath  of  deputies. 

§  904.  Oatli,  form  of.  Before  any  officer  enters  on  the 
duties  of  his  office,  he  must  take  and  subscribe  the  fol- 
lowing oath: 

"I  do  swear  [or  affirm]  that  I  will  support  the  constitu- 
t'on  of  the  United  States  and  the  constitution  of  the  state 
of  California,  and  that  I  will  faithfully  discharge  the  duties 

of  the  office  of according  to  the  best  of  my  ability." 

En.  March  12,  1872. 

Cal.  Rep.  Cit.     75,  452;   79,  109. 

Provision  constitutional:  See  Const.  Cal.,  art.  XX,  sec. 
3. 

§  905.  Oath  of  governor  and  lieutenant-governor.  The 
governor  and  lieutenant-governor  must  take  the  official 
oath  in  the  presence  of  both  houses  of  the  legislature,  in 
convention  assembled,  and  an  entry  of  the  fact  must  be 
made  upon  the  journals  of  each  house.    En.  March  12,  1872. 


177  GENERAL,   PROVISIONS.  §§  906-910 

s  906.  Oath  of  members  of  the  legislature.  Members 
of  the  legislature  may  take  the  oath  of  office  at  any  time 
during  the  term  for  which  they  were  elected.  En.  March 
12,   1872. 

§  907.  Oath,  when  taken.  Whenever  a  different  time  is 
not  prescribed  by  law,  the  oata  of  office  must  be  taken, 
subscribed,  and  filed  within  ten  days  after  the  officer  has 
notice  of  his  election  or  appointment,  or  before  the  expira- 
tion of  fifteen  days  from  the  commencement  of  his  term 
of  office,  when  no  such  notice  has  been  given.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.  57,  621;  63,  128;  63,  176:  79,  109;  85,  511; 
85,   51^;    85,  513;    127,  350;    127,  351. 

When  must  qualify:  See  post,  sec.  947.  See  mandatory 
section:    Post,  sec.  947. 

§  908.  Oath,  before  whom  taken.  Except  when  other- 
Avise  provided,  the  oath  may  be  taken  before  any  officer 
authorized  to  administer  oaths.     En.  March  12,  1872. 

Administration  of  oaths,  and  affirmations:  Code  Civ. 
Proc,  sees.  2093-2097. 

§  909.  Oath,  where  filed.  Every  oath  of  office  certified 
by  the  officei-  before  whom  the  same  was  taken,  must  be 
filed  within  the  time  required  by  law,  except  when  other- 
wise specially  provided,  as  follows: 

First — The  oath  of  all  officers  whose  authority  is  not 
limited  to  any  particular  county,  in  the  office  of  the  secre- 
tary of  state. 

Second — The  oatli  of  all  officers,  elected  or  appointed 
for  any  county,  and  of  all  officers  whose  duties  are  local, 
or  whose  residence  in  any  particular  county  is  prescribed 
by  law,  in  the  offices  of  the  clerks  of  their  respective 
counties. 

Third— Each  judge  of  a  superior  court  and  county  clerk 
must,  so  soon  as  he  has  taken  and  subscribed  his  official 
oath,  file  a  copy  thereof,  signed  with  his  own  proper 
signature,  in  the  office  of  the  secretary  of  state.  En. 
March  12,  1872.     Am'd.  1877-8,  25;   1880,  20. 

Cal.  Rep.  Cit.     75,  452;  79,  109;  79,  110;  79,  111. 

§  910.  Oath  of  deputies.  Deputies,  clerks,  and  subordi- 
nate officers  must,  within  ten  days  after  receiving  notice 
of  their  appointment,  take  and  file  an  oath  in  the  manner 
required  of  their  principals.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     107,  233. 

Pol.  Code— 12 


§§  920-923  GENERAL    PROVISIONS.  178 

ARTICLE  VII. 

PROHIBITIONS    APPLICABLE    TO    CERTAIN    OFFICERS. 

§  920.  Certain   oflicers  not    to   be   Interested   in   contracts. 

§  921.  No  purchnsois  >>v  vendors  at  certain  sales. 

§  !I22.  Contiacts    In    vlolntlon,    voidable. 

§  92.'!.  Ceitalii   olllt'crs   luoliibitcd    Ironi    dealing   in   scrip,    etc. 

ii  924.  Airlltlng   oflicorf?,    duties   of. 

j5  925.  Treasurer,   duties  of. 

§  926.  When   settk-inents   must   be   withheld. 

§  920.     Certain  officers  not  to  be  interested  in  contracts. 

Members  of  the  legislature,  state,  county,  city  aud  town- 
ship officers,  must  not  be  interested  in  any  contract  made 
by  them  in  their  official  capacity,  or  by  any  Ijody  or  board 
of  which  they  are  members.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     98,  433;   125,  122;   125.  128. 
Officers    interested    in    official    contracts,    liability    for: 
Pen.  Code,  sec.  71. 

§  921.  No  purcliasers  or  vendors  at  certain  sales.  State, 
county,  township,  and  city  office's  must  not  be  purchasers 
at  any  sale,  nor  vendors  at  any  purchase  made  by  them, 
in  their  official  capacity.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     125,  122. 

Penalty  for  violation  of  section:   Pen.  Code,  sec.  71. 

Removal  of  officers  for  misconduct:  See  post.  Appen- 
dix, title  Officers. 

§  922.  Contracts  in  violation,  voidable.  Every  contract 
made  in  violation  of  any  of  the  provisions  of  the  two 
preceding  sections  may  be  avoided  at  the  instance  of  any 
party  except  the  officer  inteiested  therein.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     98,  433;    125,  122. 

§  923.  Certain  officers  prohibited  from  dealing  in  scrip, 
etc.  The  state  treasurer  and  controller,  the  several  coun- 
ty, city,  or  town  officers  of  this  state,  their  deputies  and 
clerks,  are  prohibited  from  purchasing  or  selling,  or  in 
any  manner  receiving  to  their  own  dse  or  benefit,  or  to  the 
use  or  benefit  of  any  person  or  persons  whatever,  any 
state,  county,  or  city  warrants,  scrip,  orders,  demands, 
claims,  or  other  evidences  of  indebtedness  against  the 
state,  or  any  county  or  city  thereof,  except  evidences  of 
indebtedness  issued  to  or  held  by  them  for  services  ren- 


179  GENERAL,   PROVISIONS.  §§  924-936 

dered  as  such  officer,  deputy,  or  clerk,  and  evidences  of 
the  funded  indebtedness  of  such  state,  city,  town,  or  cor- 
poration.    En.  March  12,  1872. 

Liability  for  violation  of  section:  Pen.  Code,  sec.  71. 

§  924.  Auditing  officers,  duties  of.  Every  office  whose 
duty  it  is  to  audit  and  allow  the  accounts  of  other  state, 
county,  city,  or  town  officers  must,  before  allowing  such 
accounts,  require  each  of  such  officers  to  make  and  file 
with  him  an  affidavit  that  he  has  not  violated  any  of  the 
provisions  of  this  firticle.     En.  March  12,  1872. 

False  or  fraudulent  claim,  presentation  felonious:  Pen. 
Code,   sec.   72. 

Violation  of  any  of  the  provisions  of  article,  information 
to  cause  suspension  of  settlement  or  payment:  Post,  sec. 
926. 

§  925.  Treasurer,  duties  of.  Officers  charged  with  the 
disbursement  of  public  moneys  must  not  pay  any  warrant 
or  other  evidence  of  indebtedness  against  the  state,  coun- 
ty, city,  or  town,  when  the  same  has  been  purchased,  sold, 
received,  or  transferred  contrary  to  any  of  the  provisions 
of  this  article.     En.  March  12,  1872. 

§  926.  When  settlements  must  be  withheld.  Every  of- 
ficer charged  wilh  the  disljursement  of  public  moneys, 
who  is  informed  by  affidavit  that  any  officer  whose  account 
is  about  to  1  e  settled,  audited,  or  paid  by  him,  has  violate! 
any  of  the  provisions  of  this  article,  must  suspend  such 
settlement  or  payment,  and  cause  such  officer  to  be  prose- 
cuted for  such  violation,  by  the  district  attorney  of  the 
county.  In  case  there  be  judgment  for  the  defendant  upon 
such  prosecution,  the  respective  officer  may  proceed  to 
settle,  audit,  or  pay  such  account,  as  if  no  such  affidavit 
had  been  filed.     En.  March  12,  1872.     Am'd.  1873-4,  14. 

ARTICLE  VIII. 

SALARIES   OF  OFFICERS   WHEN   TITLE   IS   CONTESTED. 

§  936.    Title  contested,   salary,  payment  of. 

§  937.     Pendency    of   suit   must    be    certified    by    the   clerk. 

§  936.  Title  contested,  salary,  payment  of.  When  the 
title  of  the  incumbent  of  any  office  in  this  state  is  con- 
tested by  proceedings  instituted  in  any  court  for  that 
purpose,  no  warrant  can  thereafter  be  drawn  or  paid  for 


§  937  GENERAL   PROVISIONS.  180 

any  part  of  his  salary  until  such  proceedings  have  been 
finally  determined;  provided,  however,  that  this  section 
shall  not  be  construed  to  apply  to  any  party  to  a  contest 
or  proceeding  now  pending  or  hereafter  instituted  who 
holds  the  certificate  of  election  or  commission  of  office, 
and  discharges  the  duties  of  the  office;  but  such  party  shall 
receive  the  salary  of  such  office,  the  same  as  if  no  such 
contest  or  proceeding  was  pending.  En.  March  12,  1872. 
Am'd.  1891,  28. 

Cal.  Rep.  Cit.  138,  35;  138,  37;  138,  38;  140,  189;  140, 
223. 

Contesting  elections:  See  Code  Civ.  Proc,  sees.  1111- 
1127.  For  members  of  legislature:  Ante,  sees.  273-283. 
For  governor  or  lieutenant-governor:   Ante,  sees.  288-295. 

-j  937.     Pendency  of  suit  must  be  certified  by  the  clerk. 

As  soon  as  such  proceedings  are  instituted,  the  clerk  of 
the  court  in  v/hich  they  are  pending  must  certify  the  facts 
to  the  officers  whose  duty  it  would  otherwise  be  to  draw 
such  warrant  or  pay  such  salary,  except  in  the  cases  in- 
cluded in  the  proviso  to  the  foregoing  section.  En.  March 
12,  1872.     Am'd.  1891,  28. 

ARTICLE'  IX. 

BONDS    OF    OFFICERS. 

§  917.  Time    for    filing    bond. 

§  94S.  Approval,    filing,    etc.,   bonds   of  state   officers. 

§  949.  Bond   of  secretary  of  state,   where   filed. 

§  950.  Bonfls    of  county    and    township   officers. 

§  951.  Record   of  official  bond. 

§  952.  Appioval  must  be  indorsed   on  bond. 

§  9.",3.  Bond  not  to   be   filed  before  approval. 

§  954.  Condition   of  bond. 

§  955.  Justification   of  sureties. 

§  9J6.  Sureties  fbr  less  than  the  penal  sum. 

§  957.  Custody   of  official  bonds. 

§  958.  Form    of   bonds. 

§  959.  Bonds  cover  what  breaches  and  duties. 

§  9C0.  Same. 

I  9(il.  Suit  on  bonds. 

§  902.  Same. 

§  96:!.  Defects  in  form,   approval,   filing,   etc.,  not  to  vitiate. 

§  %i.  Insufficiency   of  sureties. 

§  PC5.  Form    of    additional    bond. 

JS  966.  Force    of   original   bond. 

§  9C7.  Liability  of  officers  and  sureties. 

§  908.  Separate  JudgmcntJ  on   bonds. 

§  9C9.  Contiibution    between    sureties. 

§  970.  Discharge   of    sureties. 

8  971.  Pt  rsona   appointed   to   fill   vacancies,    bonds   of. 

8  972.  Release    of    sureties. 

8  973.  .Same.  , 

I  974.  Same. 

I  976.  Office  declared   vacant  for  want   of  official  bond. 


ISl  GENERAL    PROVISIONS.  §§  94T-951 

§  976.  Supplemental    bond. 

§  977.  Release,    discharge,    etc.,    of    surety,    effect   of. 

§  97.S,  Supplemental  bond   on   withdrawal,   removal,    etc.,    of  surety. 

§  979.  Same. 

§  fiSO.  Sureties    not    released    from   what   damages   or   liabilities,    etc. 

§  9S1.  Provisions  of  article  apply  to  bonds  of  administrators,  receiv- 
ers,   etc. 

§  982.  Bonds   of  receivers,    assignees,    etc. 

§  9S3.  Actions  on  official  bonds,  proceedings  to  charge  realty  of  de- 
fendant. 

§  fiS4.  Same. 

§  9S.5.  Bonds   of   deputies,    clerks,    etc. 

§  9Sn.  Bond   of  county   clerk,   where   filed. 

§  9S7.  Enforcement   of  contract   to  sell  land  affected  by  lien. 

§  947.  Time  for  filing  bond.  Every  official  bond  must 
be  filed  in  the  proper  office  within  the  time  prescribed  for 
filing  the  oath,  unless  otherwise  expressly  provided  by 
statute.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     57,  621;  63,  176. 

Time  prescribed  for  filing  oath:  Ante,  sec.  907. 

Execution:  See  post,  sec.  950. 

Irregularities  in  bond:   See  post,  sec.  963. 

Continuing  liability  on  bond:  See  post,  sec.  959. 

§  948.  Approval,  filing,  etc.,  bonds  of  state  officers.  Un- 
less otherwise  prescribed  by  statute,  the  official  bonds  of 
state  officers  must  be  approved  by  the  governor,  and  filed 
and  recorded  in  the  office  of  the  secretary  of  state.  En. 
March  12,  1872. 

Approval,  indorsed  on  bond:  Post,  sec.  952.  Defect  in: 
See  post,  sec.  963. 

Recording:    Post,   sec.   951. 

§  949.  Bond  of  secretary  of  state,  where  filed.  The  of- 
ficial bond  of  the  secretary  of  state  must,  after  it  is  re- 
corded, be  filed  in  the  office  of  the  treasurer  of  state. 
En.  March  12,  1872. 

§  950.  Bonds  of  county  and  township  officers.  Unless 
otherwise  prescribed  by  statute,  the  official  bonds  of 
county  and  township  officers  must  be  approved  by  the 
judge  of  the  superior  court,  recorded  in  the  office  of  the 
county  recorder,  and  then  filed  in  the  county  clerk's  office. 
En.  March  12,  1872.     Am'd.  1880,  20. 

Recording  and  filing  bonds:  See  post,  sees.  951,  953,  986. 

§  951.  Record  of  official  bond.  Official  bonds  must  be 
recorded  in  a  book  kept  for  that  purpose,  and  entitled 
"Record  of  Official  Bonds."     En.  March  12,  1872. 


§§  952-935  GENERAL,    PROVISIONS.  182 

§  952.  Approval  must  be  indorsed  on  bond.  The  ap- 
proval of  every  ojB&cial  bond  must  be  indorsed  thereon  and 
signed  by  the  officer  approving  the  same.  En.  March  12, 
1872. 

§  953.  Bond  not  to  be  filed  before  approval.  No  officer 
with  whom  any  official  bond  is  required  to  be  filed  must 
file    such   bond   until   approved.     En.   March   12,   1872. 

§  954.  Condition  of  bond.  The  condition  of  an  official 
bond  must  be  that  the  principal  will  well,  truly,  and  faith- 
fully perform  all  official  duties  then  required  of  him  by 
law,  and  also  all  such  additional  duties  as  may  be  imposed 
on  him  by  any  law  of  the  state  of  California.  Such  bond 
must  be  signed  by  the  principal  and  at  least  twc  sureties. 
En.   March    .^,   1872. 

Binding  upon  principal  and  sureties:  See  post,  sec.  960. 

§  955.  Justification  of  sureties.  The  officer  whose  duty 
it  is  to  approve  official  bonds  required  of  state,  county, 
city  and  county,  or  township  officers,  must  not  accept  or 
approve  any  such  bond,  unless  each  of  the  sureties  sev- 
erally justify  before  an  officer  authorized  to  administer 
oaths   as   follows: 

1.  On  a  bond  given  by  a  state  officer  that  such  surety 
is  a  resident  and  freeholder  or  householder,  within  this 
state;  and  on  a  oond  given  by  a  county,  city  and  county, 
or  township  officer  that  .such  surety  is  a  resident  and  free- 
holder or  householder,  within  such  county,  city  and  county, 
or  within  an  adjoining  county  or  city  and  county. 

2.  That  such  suiety  is  worth  the  amount  for  which  he 
becomes  surety,  over  and  above  all  his  debts  and  liabili- 
ties in  unincumbered  property,  situated  within  this  state, 
exclu.sive  of  property  exempt  from  execution  and  forced 
sale. 

3.  A  member  of  the  board  of  supervisors  shall  not  be 
accepted  as  surety  upon  the  official  bond  of  any  county, 
cil.  and  county,  or  township  officer  of  his  county;  nor  shall 
the  sheriff,  clerk,  tax  collector,  treasurer,  recorder,  audi- 
tor, assessor,  or  district  attorney  of  the  same  country  or 
city  and  county,  become  sureties  upon  official  bonds  for 
each  other. 

4.  A  cx;rporation  such  as  is  mentioned  in  section  ten 
hundred  and  fifty-six  of  the  Code  of  Civil  Procedure  of  this 


183  GENERAL     PROVISIONS.  §S  956-959 

state,  may  become  and  shall  be  accepted  as  sole  and 
sufficient  surety  upon  any  bond  or  undertaking  authorized 
or  required  by  the  provisions  of  this  code  or  of  any  law 
of  this  state,  subject  to  the  provisions  of  said  section,  and 
those  of  section  ten  'lundred  and  fifty-seven  of  the  same 
code.     En.  March  12,  1872.     Am'd.  1873-4,  72,;  1889,  220. 

Justification  of  sureties:  Compare  Code  Civ.  Proc,  sec. 
1057. 

Must  be  joint  and  several:  See  post,  sec.  958, 

§  956.  Sureties  for  less  than  the  penal  sum.  When  the 
penal  sum  of  any  bond  required  to  be  given,  amounts  to 
more  than  one  thousand  dollars,  the  sureties  may  become 
severally  liable  for  portions  of  not  less  than  five  hundred 
dollars  thereof,  making  in  the  aggregate,  at  least  two 
sureties  for  the  whole  penal  sum.  And  if  any  such  bond 
becomes  forfeited  an  action  may  be  brought  thereon 
against  all  or  any  number  of  the  obligors,  and  judgment 
entered  against  them,  either  jointly  or  severally,  as  they 
may  be  liable.  The  judgment  must  not  be  entered  against 
a  surety  severally  bound  for  a  greater  sum  tl  an  that  for 
which  he  is  specially  liable  by  the  terms  of  the  bond. 
Each  surety  is  liable  to  contribution  to  his  cosureties  in 
proportion  to  the  amount  for  which  he  is  liable.  Any  cor- 
poration, such  as  is  mentioned  in  section  nine  hundred 
and  fifty-five  of  this  code,  may  become  one  of  such  sure- 
ties, or  be  accented  as  sole  and  sufficient  surety.  En. 
March  12,   1872.     Am'd.   1889,  220. 

Cal.  Rep.  Cit.     74,  376. 

§  957.  Custody  of  official  bonds.  Every  officer  with 
V  hom  official  bonds  are  filed  must  carefully  keep  and  pre- 
serve the  same,  and  give  certified  copies  thereof  to  any 
parson  demanding  the  same,  upon  being  paid  the  same 
fees  as  are  allowed  by  law  for  certified  copies  of  papers 
in  other  cases,      .n.  March  12,  1872. 

§  958.  Form  of  bonds.  All  official  bonds  must  be  in 
form  joint  and  several,  and  made  payable  to  the  state  of 
California  in  such  penalty  and  with  such  conditions  as 
required  by  this  chapter,  dv  the  law  creating  or  regulating 
t^.  duties  of  the  office.  En.  March  12,  1872. 
-  Cal.  Rep.  Cit.     64,  217;   73,  270;   74,  375. 

§  959.  Bonds  cover  what  breaches  and  duties.  Every 
official  bond  executed  by  any  officer  pursuant  to  law  is  in 


§§  960-963  GENERAL.   PROVISIONS.  184 

force  and  obligatory  upon  the  principal  and  sureties  there- 
in for  any  and  all  breaches  of  the  conditions  aereof  com- 
mitted during  the  time  such  officer  continues  to  discharge 
any  of  the  duties  of  or  hold  the  office,  and  whether  such 
breaches  are  committed  or  suffered  by  the  principal  offi- 
cer, his  deputy,  or  clerk.     En.   March  12,  1872. 

Cal.  Rep.  Cit.     64,  217;  109,  389. 

§  960.  Same.  Every  such  bond  is  in  force  and  obliga- 
tory upon  the  principal  and  sureties  therein  for  the  faith- 
ful discharge  of  all  uuties  which  may  be  required  of  such 
officer  by  any  law  enacted  subsequently  to  the  execution 
o"  such  bond,  and  such  condition  must  be  expressed  there- 
in.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     64,  217;   99,  499. 

Condition  of  official  bond,  to  provide  for  additional  du- 
ties: Ante,  sec.  954. 

§  961.  Suit  on  bonds.  Every  official  bond  executed  by 
any  officer  pursuant  to  law  is  in  force  and  obligatory  upon 
the  principal  and  sureties  therein  to  and  for  the  state  of 
California,  and  to  and  for  the  use  and  benefit  of  all  per- 
sons who  may  be  injured  or  aggrieved  by  the  wrongful  act 
or  default  of  such  officer  in  his  official  capacity;  and  any 
person  so  injured  or  aggrieved  may  bring  suit  on  such 
bond,  in  his  own  name,  without  an  assignment  thereof. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     64,  217;   74,  375;   99,  499. 

;}  962.  Same.  No  such  bond  is  void  on  the  first  recov- 
ery of  the  judgment  thereon;  but  suit  may  be  afterwards 
brought,  fi'om  time  to  time,  and  judgment  recovered 
thereon  l)y  the  state  of  California,  or  by  any  person  to 
whom  a  right  of  action  has  accrued  against  such  officer 
and  his  sureties,  until  the  whole  penalty  of  the  bond  is 
exhausted.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     G4,  218. 

Compare,  as  to  bond  of  executor  or  ad.  linistiator:  Code 
Civ.  Proc,  sees.  1387  et  seq. 

§  963.  Defects  in  form,  approval,  filing,  etc.,  not  to 
vitiate.  Whenever  an  official  bond  does  not  contain  the 
subslantial  matter  or  conditions  required  by  law,  or  there 
are  any  defects  in  the  approval  or  filing  thereof,  it  is  not 


185  GENERAL.   PROVISIONS.  8S  964,  a65 

void  so  as  to  discharge  such  officer  and  his  sureties;  but 
tL^y  are  equitably  bound  to  the  state  or  party  interested; 
and  the  state  or  such  party  may,  by  action  in  any  court  of 
competent  jurisdiction,  suggest  the  defect  in  the  bond, 
approval,  or"  filing,  and  recover  the  proper  and  equitable 
demand  or  damages  from  such  officer  and  the  persons  who 
intended  to  become  and  were  included  as  sureties  in  such 
bond.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     56,  627;  63,  128;   64,  218;  64,  219;  78,  157. 

§  964.  Insufficiency  of  sureties.  Whenever  it  is  shown 
by  the  affidavit  of  a  credible  witness,  or  otherwise  comes 
to  the  knowledge  of  the  judge,  court,  board,  officer,  or 
other  person  whose  duty  it  is  to  approve  the  official 
bond  of  any  officer,  that  the  sureties  or  any  one  of  them 
have,  since  such  bond  was  approved,  died,  removed  from 
the  state,  become  insolvent,  or  from  any  other  cause  have 
become  incompetent  or  insufficient  sureties  on  such  bond, 
the  judge,  court,  board,  officer,  or  other  person  may  issue 
a  citation  to  such  officer,  requiring  him,  on  a  day  therein 
named,  not  less  than  three  nor  more  than  ten  days  after 
date,  to  appear  and  show  cause  why  such  office  should 
not  be  vacated,  which  citation  must  be  served  and  return 
thereof  made  as  in  other  cases.  If  the  officer  fails  to  , 
appear  and  show  good  cause  why  such  office  should  not  be 
vacated,  on  the  day  naiiied,  or  fails  to  give  ample  addi- 
tional security,  the  judge,  court,  board,  officer,  or  other 
person  must  make  an  order  vacating  the  office,  and  the 
same  must  i  e  filled  as  provided  by  law.  En.  .arch  12, 
1872. 

Cal.  Rep.  Cit.       141,  322. 

Discharge  of  sureties:   See  post,  sec.  970. 

§  965.  Form  of  additional  bond.  The  additional  bond 
must  be  in  such  penalty  as  directed  by  the  court,  judge, 
board,  officer,  or  other  person,  and  in  all  other  respects 
similar  to  the  original  bond,  and  approved  by  and  filed 
with  the  same  officer  as  required  in  case  of  the  approval 
and  filing  of  the  original  bond.  Every  such  additional 
bond  so  filed  and  approved  is  of  like  force  and  obligation 
upon  the  principal  and  sureties  therein,  from  the  time  of 
its  execution,  and  subjects  the  officer  and  his  sureties  to 
the  same  liabilities,  suits,  and  actions  as  are  prescribed 
respecting  the  original  bonds  of  officers.  En.  March  12, 
1872. 


§§  966-970  GENERAL   PROVISIONS.  !•• 

9  966.  Force  of  original  bond.  In  no  case  is  the  orig- 
inal bond  discharged  or  affected  when  an  additional  bond 
has  been  given,  but  the  same  remains  of  like  force  and  ob- 
ligation as  if  such  additional  bond  had  not  been  given.  En. 
March  12,  1872. 

§  967.     Liability  of  officers  and  sureties.     The  officer  and 

his  sureties  are  liable  to  any  party  injured  by  the 
breach  of  any  condition  of  an  official  bond,  after  the  exe- 
cution of  the  additional  bond,  upon  either  or  both  bonds, 
and  such  party  may  t^ng  his  action  upon  either  bond,  or 
he  may  bring  separate  actions  on  the  bonds  respectively, 
and  he  may  allege  the  same  cause  of  action,  and  recover 
judgment  theref.-r  in  each  suit.     En.  March  12,  1872. 

§  968.  Separate  judgments  on  bonds.  If  separate  judg- 
ments are  recovered  n  the  bonds  by  such  party  for  the 
same  cause  of  action,  he  is  entitled  to  have  execution 
issued  on  such  judgments  respectively;  but  he  must  only 
collect,  by  execution  or  otherwise,  the  amount  actually 
adjudged  to  him  on  the  same  causes  of  action  in  one  of 
the  suits,  together  with  the  costs  of  both  suits.  En.  March 
12,  1872. 

§  969.  Contribution  between  sureties.  Whenever  the 
sureties  on  either  bond  have  been  compelled  to  pay  any 
suLa  of  money  on  account  of  the  principal  obligor  therein, 
(he>  are  entitled  to  recover,  in  any  court  of  competent 
jurisdiction,  of  the  sureties  on  the  remaining  bond  a  dis- 
tributive part  of  thj  sum  thus  paid,  in  the  proportion 
which  the  penalties  of  such  bonds  bear  one  to  the  other, 
and  to  the  sums  thus  paid,  respectively.  En.  March  12, 
1872. 

§  970.  Discharge  of  sureties.  Whenever  any  sureties 
on  the  official  bond  of  any  officer  wish  to  be  discharged 
from  their  liability,  they  and  such  officer  may  procure  the 
same  to  be  done,  if  such  officer  will  execute  a  new  bond 
with  sufficient  sureties  in  like  form,  penalty,  and  condi- 
tions, and  to  be  approved  and  filed  as  the  original  bond. 
Upon  the  filing  and  approval  of  the  new  bond,  such  first 
sureties  are  exonerated  from  all  further  liability;  but 
their  bond  remains  in  full  force  as  to  all  liabilities  incurred 
previous  lo  th(i  app'oval  of  such  new  bond.  The  liability 
of  the  sureties  in  such  new  bond  is  in  all  respects  the  same 


1S7  GENERAL    PROVISIONS.  §§  971-975 

and  may  be  enforced  in  like  manner  as  the  liability  of  the 
sureties  in   the   original   bond.     En.   March   12,   1872. 

Discharge  of  sureties:    Ante,  sec.  964. 

Release  of  sureties:   See  post,  sec.  972. 

§  971.     Persons    appointed    to    fill    vacancies,    bonds    of. 

Any  person  appointed  to  fill  a  vacancy,  before  entering 
upon  the  rt^ities  of  the  office  must  give  a  bond  correspond- 
ing in  substarce  and  form  with  the  bond  required  of  the 
officer  originally  elected  or  appointed,  as  hereinbefore  pro- 
vided.    En.  March  12,  1872. 

§  972.  Release  of  sureties.  Any  surety  on  the  official 
bond  of  a  city,  town,  county,  or  state  officer,  may  be  re- 
lieved from  liabilities  thereon  afterwards  accruing  by  com- 
plying with  the  provisions  of  the  three  sections  following. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     59,  450;    77,  49. 

§  973.  Same.  Such  surety  must  file  with  the  judge, 
court,  board,  offi.cer,  or  other  person  authorized  by  law 
to  approve  such  official  bond,  a  statement,  in  writing,  set- 
ting forth  the  desire  of  the  surety  to  be  relieved  from  all 
liabilities  thereon  afterwards  arising,  and  the  reasons 
therefor,  which  statement  must  be  subscribed  and  verified 
by  the  affidavit  of  the  party  filing  the  same.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     59,  450. 

§  974.  Same.  A  copy  of  the  statement  must  be  served 
on  the  officer  named  in  such  official  bond,  and  due  return 
or  affidavit  of  service  made  thereon  as  in  other  cases. 
En.   March    12,   1872. 

Cal.  Rep.  Cit.     59,  450. 

§  975.     Office  declared  vacant  for  want  of  official  bond. 

In  ten  days  after  the  service  of  such  notice,  the  judge, 
court,  board,  officer  or  other  person  with  whom  the  same 
is  filed,  must  make  an  order  declaring  such  office  vacant, 
and  releasing  such  surety  from  all  liability  thereafter  to 
arise  on  such  official  bond,  and  such  office  thereafter  is 
in  law  vacant,  and  must  be  immediately  filled  by  election 
or  appointment,  as  provided  for  by  law  as  in  other  cases 
of  vacancy  of  such  office,  unless  such  officer  has  before 
that  time  given  good  and  ample  surety  for  the  discharge 


§§  976-979  GENERAL    PROVISIONS.  188 

of  all  his  official  duties  as  required  originally.     En.  March 
12,  1872. 

Cal.  Rep.  Cit.     59,  450. 

§  976.  Supplemental  bond.  Whenever,  from  anv  cause, 
a  surety  on  the  official  bond  of  any  officer  elected  or  ap- 
pointed under  the  laws  of  this  state  withdraws  from  his 
bend  or  becomes  insolvent,  or  from  other  cause  becomes 
incompetent  to  remain  as  surety  thereon,  such  officer  may 
file  a  supplemental  bond,  executed  and  approved  in  the 
same  manner  as  the  original  bond,  for  the  amount  for 
which  the  surety  so  withdrawing  or  incompetent  was 
bound  by  the  original  bond.     En.  March  12,  1872. 

§  977.     Release,  discharge,  etc.,  of  surety,  effect  of.     The 

release,  discharge,  voluntary  withdrawal,  or  incompetency 
of  a  surety  on  any  official  bond,  does  not  affect  the  bond 
as  to  the  remaining  sureties  thereon,  or  alter  or  charge 
their  liability  in  any  respect.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     77,  49.     . 

§  978.  Supplemental  bond  on  withdrawal,  removal,  etc., 
of  surety.  Whenever  a  surety  on  any  official  bond  gives 
notice  of  intention  to  withdraw  therefrom,  or  is  removed, 
or  becomes  otherwise  incompetent,  the  principal  on  the 
bond  must,  within  ten  days  after  such  notice  or  disquali- 
fication, execute  and  file,  subject  to  the  same  conditions 
as  the  original,  u  supplemental  bond,  wherein  must  be 
recited  the  names  of  the  remaining  original  sureties,  and 
the  name  or  names  of  the  new  surety  or  sureties,  and  the 
n^spective  amounts  for  which  he  or  they  become  bound, 
who  are  substituted,  in  lieu  of  the  surety  or  sureties  re- 
leased or  disqualified.     En.  March  12,  1872. 

§  979.  Same.  Whenever  the  original  bond  is  given  for 
an  amount  in  excess  of  the  sum  required  by  law,  if  the 
withdrawal  or  removal  of  any  surety  does  not  reduce  the 
bond  below  the  amount  required  by  law  to  be  secured 
l)y  sureties,  then  no  supplemental  or  additional  bond  is 
required  or  necessary;  and  whenever  any  supplemental 
bond  is  so  filed  and  approved,  the  officer  with  whom  the 
bond  is  filed,  or  in  whose  office  the  same  is  recorded,  must 
give  ten  days'  notice — by  publication  in  some  paper  pub- 
lished in  lh(!  county,  or  if  there  i.s  no  paper  in  the  county, 
'hi'n  in  the  coiinty  nearest  thereto  in  which  a  newspaper  is 


'89  GENERAL    PROVISIONS.  §§  980-983 

published,  and  in  case  of  the  bond  of  a  state  officer,  in 
some  paper  at  the  city  of  Sacramento — of  the  fact  of  the 
filing  cf  the  bond  ard  the  name  of  the  party  withdrawing 
from  the  former  and  the  substitute  on  the  new  bond:  and 
until  the  filing  and  approval  of  the  supplemental  bond  the 
sureties  on  tne  former  bond  are  liable  for  all  the  acts  of 
their  principal.     En.  March  12,  1872. 

§  980.  Sureties  not  released  from  what  damages  or  lia- 
bilities, etc.  No  surety  must  be  released  from  damages 
or  liabilities  for  acts,  omissions,  or  causes  existing,  or 
which  arose  before  the  making  of  the  order  mentioned  in 
section  975,  but  such  legal  proceedings  may  be  had  there- 
for in  all  respects  as  though  no  such  order  had  been  made. 
En.  March  12,  1872. 

Cal.    Rep.    Cit.     77,    49. 

§  981.  Provisions  of  article  apply  to  bonds  of  adminis- 
trators, receivers,  etc.  The  provisions  of  this  article  apply 
to  the  bonds  of  receivers,  executors,  administrators,  and 
guardians.     En.  March  12,  1872. 

Bonds  of  receivers:  Post,  sec.  982;  Code  Civ.  Froc, 
Sees.  56G,  567. 

Bonds  of  executors  and  administrators:  Code  Civ.  Proc, 
sees.   1387-1407. 

Bonds  of  guardians:  Code  Civ.  Proc,  sees.  1754,  1756, 
1758,   1788,  1803-1805,  1807,   1809. 

§  982.  Bonds  of  receivers,  assignees,  etc.  All  bonds  or 
undertakings  given  by  trustees,  receivers,  assignees,  or 
officers  of  a  court  in  an  action  or  proceeding  for  the 
faithful  discharge  of  their  duties,  where  it  is  not  other- 
wise provided,  must  be  in  the  name  of,  and  payable  to, 
the  state  of  California,  and  upon  the  order  of  the  court 
where  such  action  or  proceeding  is  pending,  may  be  prose- 
cuted for  the  benefit  of  any  and  all  persons  interested 
tlerein.     En.  March  12,  1872. 

The  state  the  payee:  See  ante,  sec.  958. 

§  983.  Actions  on  official  bonds,  proceedings  to  charge 
realty  of  defendant.  When  an  action  is  commenced  in 
any  court  in  this  state  for  the  benefit  of  the  state,  to  en- 
force the  penalty  of,  or  to  recover  money  upon  an  official 
bond  or  obligation,  or  any  bond  or  obligation  executed 
in  favor  of  the  state  of  California,  or  of  the  people  of  this 


§§  9S4-9S6  GENERAL   PROVISIONS.  190 

State,  the  attorney  or  other  person  prosecuting  the  action 
may  file  with  the  court  in  which  the  action  is  commenced 
an  affidavit,  stacing  either  positively  or  on  information 
and  belief,  that  such  bond  or  obligation  was  executed  by 
the  defendant,  or  one  or  more  of  the  defendant  (desig- 
nating whom),  and  made  payable  to  the  people  of  the 
state,  or  to  the  state  of  California,  and  that  the  defend- 
ant or  defendants  have  real  estate  or  interest  in  lands 
(designating  the  county  or  counties  in  which  the  same 
is  situated),  and  that  the  action  is'  prosecuted  for  the 
berefit  of  the  state:  and  thereupon  the  clerk  receiving 
such  affidavit  must  certify  to  the  recorder  of  the  county 
in  which  such  real  estate  is  situated  the  names  of  the 
parties  to  the  action,  the  name  of  the  court  in  which  the 
action  is  pending,  and  the  amount  claimed  in  the  com- 
nlaint,  with  the  date  of  the  commencement  of  the  suit. 
En.  March  12,  1872. 

Lis  pendens:  Code  Civ.  Proc,  sees.  409,  755. 

§  984.  Same.  Upon  receiving  such  certificate,  the 
county  recorder  must  indorse  upon  it  the  time  of  its  re- 
ception, and  such  certificate  must  be  filed  and  recorded 
in  the  same  manner  as  notices  of  the  pendency  of  an 
action  affecting  real  estate;  and  any  judgment  recovered 
in  such  action  is  a  lien  upon  all  real  estate  situated  in  any 
county  in  which  such  certificate  i-s  so  filed,  belonging  to 
the  defendant,  or  to  one  or  more  of  such  defendants,  for 
the  amount  that  the  owner  thereof  is  or  may  be  liable 
upon  the  judgment,  from  the  filing  of  the  certificate;  and 
the  fee.s  due  the  clerk  and  recorder  for  the  services  re- 
fuired  are  a  charge  against  the  county  where  the  suit  is 
brought,  to  be  recovered  like  other  costs.  En.  March  12, 
1872. 

§  985.  Bonds  of  deputies,  clerks,  etc.  Every  officer  or 
body  appoinling  a  deputy,  clerk,  or  subordinate  ofllcer, 
may  roquire  an  official  bond  to  be  given  by  the  person. 
ai)pr)intod,  and  mav  fix  the  amount  thereof.  En.  March 
12.  1872. 

Cal.  Rep.  Cit.     G4,  218;    64,  224. 

§  986.  Bond  of  county  clerk,  where  filed.  The  official 
bond  of  llif  county  clerk  shall,  after  being  recorded,  be 
filed   in  the  office  of  the  county   treasurer,  and   the  safe- 


191  GFNERAL  PROVISIONS.  §S  987.  995 

keeping  the  same  is  hereby  made  the  duty  of  the  county 
treasurer.     En.   Stats.  1873-4,  73. 

Bonds  of  other  county  officers:     Ante,  sec.  950. 

§  987.  Enforcement  of  contract  to  sell  land  affected  by 
lien.  In  any  action  to  compel  the  specific  performance 
of  an  agreement  to  sell  real  estate  affected  by  the  lien 
created  by  the  filing  of  the  certificate  mentioned  in  section 
nine  hundred  and  eighty-four,  which  said  agreement  shall 
have  been  made  prior  to  the  filing  of  such  certificate,  but 
the  purchase  price  under  which  said  agreement  shall  not 
have  become  due  until  after  the  filing  of  said  certificate, 
the  judge  of  the  superior  court  in  which  said  action  for 
specific  performance  is  tried,  shall,  if  the  purchaser  is 
otherwise  entitled  to  specific  performance  of  such  agree- 
ment, order  the  said  purchaser  to  pay  the  purchase  price, 
or  so  much  thereof  as  may  be  due,  to  the  state  treasurer 
taking  his  receipt  therefor.  Upon  such  payment  the  pur- 
chaser shall  be  entitled  to  enforcement  of  specific  per- 
formance of  said  agreement,  and  shall  take  said  real 
estate,  free  from  the  liens  created  by  the  filing  of  said 
certificate.  The  moneys  so  paid  to  the  state  treasurer  shall 
be  held  by  him,  pending  the  litigation  mentioned  in  said 
certificate,  and  subject  to  the  lien  created  by  the  filing 
of  said  certificate.     En.  Stats.  1885,  130. 

AETICLE   X. 

RESIGNATIONS,     VACANCIES     AND     THE    MODE    OF     SUPPLYING 

THEM. 

§  995.     Resignations,   to  whom   made. 

I  996.     Vacancies,    how    they    occur. 

§  997.     Notice   of  removal     by  and   to   whom  given. 

§  998.    Vacancies    in   legislature,    how   filled. 

§  999.     Vacancies,    how   filled    when   not   otherwise   provided   for. 

§  1000.     Vacancies   occuriing   during   recess   of  the   legislature. 

§  lOOl.     Vacancies    in    certain    state   offices,    how    filled. 

§  1002.     Vacancies    in    ofllce    of    harbor    commissioner    or    superintenvient 

of    public    instruction,    how    filled. 

§  1003.     Vacanies    in    board    of    directors    of    insane    asylum. 

§  1003a.  Term    of    appointee    filling    unexpired    term. 

§  1004.     Power   and   duty   of   oflScers   filling  unexpired  terms. 

§  995.  Resignations,  to  whom  made.  Resignations  must 
be  in  writing,  and  made  as  follows: 

1.  By  the  governor  and  lieutenant-governor,  to  the 
legislature,  if  it  is  in  session;  and  if  not,  then  to  the  sec- 
retary of  state. 


§  996  GENERAL,  PROVISIONS.  JflJ 

2.  By  all  ofHcers  commissioned  by  the  governor,  to  the 
governor. 

3.  By  senators  and  members  of  the  assembly,  to  the 
presiding  officers  of  their  respective  houses,  who  must 
immediately  transmit  the  same  to  the  governor. 

4.  By  all  county  and  township  officers  not  commissioned 
by  the  governor,  to  the  clerk  of  the  board  of  supervisors 
of  their  respective  counties. 

5.  By  all  other  appointed  officers,  to  the  body  or  officer 
that  appointed  them. 

6.  In  all  cases  not  otherwise  provided  for,  by  filing  the 
resignation  in  the  office  of  the  secretary  of  state.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     114,  172. 

§  996.  Vacancies,  how  they  occur.  An  office  becomes 
vacant  on  the  happening  of  either  of  the  following  events 
before  the  expiration  of  the  term: 

1.  The  death   of  the  incumbent. 

2.  His  insanity,  found  upon  a  commission  of  lunacy  is- 
sued to  determino  the  fact. 

3.  His  resignation. 

4.  His  removal  from  office. 

5.  His  ceasing  to  be  an  inhabitant  of  the  state,  or,  if  the 
office  be  local,  of  the  district,  county,  city,  or  township 
for  which  he  was  chosen  or  appointed,  or  within  which 
the  duties  of  his  office  are  required  to  be  discharged. 

6.  His  absence  from  the  state,  without  permission  of  the 
legislature,  beyond  the  period  allowed  by  law. 

7.  His  ceasing  to  discharge  the  duties  of  his  office  for 
the  period  of  three  consecutive  months,  except  when  pre- 
vented by  sickness,  or  when  absent  from  the  state  by 
permission  of  the  legislature. 

8.  His  conviction  of  a  felony,  or  of  any  offense  involv- 
in  ;  a  violation  of  bis  official  duties. 

9.  His  refusal,  or  neglect  to  file  his  official  oath  or 
bond  within  the  time  prescribed. 

10.  The  decision  of  a  competent  tribunal  declaring  void 
his  election  or  appointment.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     55,  80;  57,  621;  5'.,  622;  62,  568;   63.  176; 

06,  656;    67.  12;    67,  118;    67,  119;    68,   283;    79,  111; 

79,   112;    87,   479;    100.  539;    100,  540;    100,   541;    107. 

240;   117,  620;   139,  681.     Subd.  9—107,  241;   109,  389. 

Subd.  10—118,  395. 
Subd.   2.     Insanity,   notice   to   officer   empowered   to   fill 
vacancy:   Post,  sec.  997. 


193  GENERAL.  PROVISIONS.  S9  997-999 

Subd.  3.    Resignation:  Ante,  sec.  995. 

Subd.  4.  Removal  of  oflBcer:  See  post,  sec.  997;  Code 
Civ.  Proc,  sees.  802-810;   Pen.  Code,  sees.  758-772. 

Subd.    5.     Non-residence:   Ante,    sees.    52,    852-855. 

Subd.  6.     Absence  from  state:  Ante,  sec.  853. 

Absence  from  state:  See  Const.  Cal.,  art.  VI,  sec.  9,  In 
the  case  of  a  judicial  oflBcer,  and  art.  V,  sec.  16,  of  same, 
in  the  case  o..  the  governor. 

Subd.  8.  Conviction  of  felony  or  misdemeanor  in  office, 
impeachment:  Const.  Cal.,  art.  IV,  sees.  17,  18;  also  Fen. 
Code,  sees.  737-753.  Court  of  impeachment:  Code  Civ. 
Proc,  sees.  36-39.  Removal  of  civil  officers  otherwise  than 
by  impeachment:  Pen.  Code,  sees.  758-772.  Notice  to  offi- 
cer empowered  to  fill  vacancy:  Post,  sec.  997. 

Subd.  9.  Failure  to  qualify,  official  oath,  time  prescribed 
fir  filing:  Ante,  sec.  907;  and,  generally,  see  ante,  sees. 
904-910.     Bond,  time  prescribed  for  filing:   Ante,  sec.  947. 

Subd.  10.  Declaration  that  election  or  appointment 
void,  notice  to  officer  empowered  t  fill  vacancy:  Post,  sec. 
997. 

Expiration  of  term:  See  ante,  sec.  879. 

§  997.  Notice  of  removal,  by  and  to  whom  given. 
Whenever  an  officer  is  removed,  declared  insane,  or  con- 
victed of  a  felony  or  oltense  involving  a  violation  of  his 
official  duty,  or  whenever  his  election  or  appointment  is 
declared  void,  the  body,  judge,  or  officer  before  whom  the 
proceedings  were  had  must  give  notice  thereof  to  the  offi- 
cer empowered  to  fill  the  vacancy.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     85,  511;  100,  540. 

§  998.  Vacancies  in  legislature,  how  filled.  Whenever 
a  vacancy  occurs  in  either  house  of  the  legislature,  the 
governor  must  at  once  issue  a  writ  of  election  to  fill  such 
vacancy.     En.  March  12,  1872. 

Constitutional  foundation  of  section:  Const.  Cal.,  art.  IV, 
sec.  12. 

§  999.  Vacancies,  how  filled  when  not  otherwise  pro- 
vided for.  When  any  office  becomes  vacant,  and  no  mode 
is  provided  by  law  for  filling  such  vacancy,  the  governor 
must  fill  such  vacancy  by  granting  a  commission,  to  expire 
at  the  end  of  the  next  session  of  the  legislature  or  at  the 
next  election  by  the  people.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     47,  447;  52,  167;  60,  289;  102,  14. 
Pol.  Code— 13 


§§  1000-1003  GENERAL  PROVISIONS  194 

Constitutional  basis  of  section:  Const.  Cal.,  art.  V,  sec. 
8. 

Governor's  power  to  fill  vacancies:  Ante,  sec.  380,  subd. 
3. 

Vacancy,  when  none  caused  by  expiration  of  term:  Ante, 
sec.  380. 

Elections  to  fill  vacancies  in  offices:  See  post,  sec.  1043. 

§  1000.  Vacancies  occurring  during  recess  of  the  legis- 
lature. "Whenever  an  office,  the  appointment  to  which  is 
vested  in  the  governor  and  senate,  or  in  the  legislature, 
either  becomes  vacant  or  the  term  of  the  incumbent  of 
which  expires  during  the  recess  of  the  legislature,  the 
governor  has  power  to  appoint  a  person  to  such  office;  but 
the  person  so  appointed  can  only  hold  the  office  until  the 
adjournment  of  the  next  session  of  the  legislature.  En. 
March  12,  1872.    Am'd.  1901,  283. 

Cal.  Rep.  Cit.     87,  478. 

§  1001.  Vacancies  in  certain  state  officers,  how  filled.  A 
vacancy  in  the  office  of  either  the  secretary  of  state,  con- 
troller, treasurer,  attorney-general,  surveyor-general,  or 
clerk  of  the  supreme  court,  must  be  filled  by  a  person  ap- 
pointed by  the  governor,  who  shall  hold  his  office  for  the 
balance  of  the  unexpired  term.  En.  March  12,  1872.  Am'd. 
1875-6,   23. 

Cal.  Rep.  Cit.     52,  167. 

Controller,  special  election  to  fill  vacancy:  See  post,  sec. 
1043. 

§  1002.  Vacancies  in  office  of  harbor  commissioner  or 
superintendent  of  public  instruction,  how  filled.  A  va- 
cancy in  the  office  of  either  the  superintendent  of  public 
Instruction  or  state  harbor  commissioner  must  be  filled 
by  a  person  appointed  by  the  governor.  En.  March  12, 
1872. 

State  harbor  commissioner,  vacancy  to  be  filled  by  gov- 
ernor for  unexpired  portion  of  term:   Post,  sec.  2520. 

g  1003.  Vacancies  in  board  of  directors  of  insane  asy- 
lum. Any  person  appointed  to  fill  a  vacancy  in  the  board 
of  directors  of  the  Insane  asylum  holds  only  for  the  unex- 
pired term  of  his  predecessor.    EIn.  March  12,  1872. 


195  GENERAL   PROVISIONS.  §5  1003a-1015 

§  1003a.  Term  of  appointee  filling  unexpired  term.  Ex- 
cept in  the  instances  otherwise  provided  in  the  constitu- 
tion, whenever  a  person  has  been  or  shall  be  appointed 
by  the  governor,  or  by  the  governor  by  and  with  the  ad- 
vice and  consent  of  the  senate,  to  fill  a  vacancy  in  any 
office,  or  to  fill  an  office  when  the  appointment  is  not  made 
until  after  the  expiration  of  the  preceding  term,  the  ap- 
pointee holds  office  only  for  the  balance  of  the  unexpired 
terra  as  provided  by  the  law  creating  the  office.  En.  Stats. 
1903,  150. 

§  1004.  Power  and  duty  of  officers  filling  unexpired 
terms.  Any  person  elected  or  appointed  to  fill  a  vacancy, 
after  filing  his  official  oath  and  bond,  possesses  all  the 
rights  and  powers,  and  is  subject  to  all  the  liabilities,  du- 
ties, and  obligations  of  the  officer  whose  vacancy  he  fills. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     81,  590. 


AETICLE  XI. 

PROCEEDINGS   TO   COMrEL,   DELIVERY   OF  BOOKS   AND    PAPERS 
BY     OFFICERS    TO     THEIR     SUCCESSORS. 

§  1014.     Possession   of   books   and   papers. 
§  1015.     Proceedings    to    ccmpel    delivery    of. 
§  1016.     Attachment  and   warrant  to   enforce. 

§  1014.  Possession  of  books  and  papers.  Every  public 
officer  is  entitled  to  the  possession  of  all  books  and  papers 
pertaining  to  his  office,  or  in  the  custody  of  a  former  in- 
cumbent, by  virtue  of  his  office.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     103,  493. 

Books  and  papers,  of  former  incumbent,  in  case  of  no- 
tary public:  Ante,  sec.  796. 

§  1015.  Proceedings  to  compel  delivery  of.  If  any  per- 
son, whether  a  former  incumbent  or  another  person,  re- 
fuse or  neglect  to  deliver  to  the  actual  incumbent,  any 
such  books  or  papers,  such  actual  incumbent  may  apply, 
by  petition,  to  any  court  of  record  sitting  in  the  county 
where  the  person  so  refusing  or  neglecting  resides,  or  to 
any  judge  of  the  superior  court  residing  therein,  and  the 
court  or  officer  applied  to  must  proceed  in  a  summary  way, 
after  notice  to  the  adverse  party,  to  hear  the  allegations 
and  proof  of  the  parties,  and  to  order  any  such  books  or 


§§  1016-102S  GENERAL     PROVISIONS.  19< 

papers  to  be  delivered  to  the  petitioners.     En.  March  12, 
1872.     Am'd.  1880,  20. 

Cal.  Rep.  Cit.     63,  175. 

Penalty  for  refusal:    See  Pen.  Code,  sees.  76,  77. 

§  1016.  Attacnment  and  warrant  to  enforce.  The  execu- 
tion of  the  order  and  the  delivery  of  the  books  and  papers 
may  be  enforced  by  attachment  as  for  a  witness,  and,  also, 
at  the  request  of  a  petitioner,  by  a  warrant  directed  to 
the  sheriff  or  a  constable  of  the  county,  commanding  him 
to  search  for  such  books  and  papers,  and  to  take  and 
deliver  them  to  the  petitioner.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     63,  175. 

ARTICLE  Xn. 

MISCELLANEOUS    PROVISIONS. 

§  102C.  Seals  of  executive  officers. 

§   1027.  Great   seal. 

§  1028.  Executive   and   judicial   officers   may   administer   oaths. 

§  10-;).  Salaries    of    officers. 

§  1030.  Office   hours. 

§  1031.  Signature  of  officers   acting   ex-officio. 

§  1032.  Records   open    to    public    inspection,    exceptions. 

§  1033.  State   officers   to   receive   no   fee   in   performance   of  official   duty. 

§  1026.  Seals  of  executive  officers.  Except  where  other- 
wise specially  provided  by  law,  the  seals  of  oflBce  of  the 
various  executive  officers  are  those  in  use  by  such  officers 
at  the  time  this  code  takes  effect,  and  each  of  such  officers 
must  at  once  file  a  description  and  impression  of  such 
seal  in  the  office  of  the  secretary  of  state.  En.  March  12, 
1872. 

Seal  defined,  ante,  sec.  14;  great,  post,  sec.  1027;  of  in- 
spector of  gas  meters,  ante,  sec.  578;  of  notary  public, 
ante,  sec.  794,  subds.  7,  8;  of  commissioner  of  deeds,  ante, 
sec.  812,  subds.  4,  5;  of  fire  department,  post,  sec.  3340. 

§  1027.  Great  seal.  The  great  seal  of  the  state  is  the 
one  in  use  at  the  time  of  the  adoption  of  this  code.  En. 
March  12,  1872. 

Great  seal:  Const.  Cal.,  art.  V,  sec.  13;  ante,  sees.  407, 
subd.  4,  408,  subd.  3,  416,  subd.  2. 

§  1028.  Executive  and  judicial  officers  may  administer 
oaths.  Every  executive  and  judicial  officer  may  administer 
and  certify  oaths.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     56,  465;  128,  420. 


197  GENERAL   PROVISIONS.  §5  1029-1032 

Administration  of  oaths:  Sections  179,  259,  2012,  2093, 
2097.  Code  of  Civil  Procedure,  and  post,  section  4118,  pro- 
vide w^hat  officers  may  administer  oaths. 

§  1029.  Salaries  of  officers.  Unless  otherwise  provided 
by  law,  the  salaries  of  officers  must  be  paid  out  of  the 
?;eneral  fund  in  the  state  treasury,  monthly,  on  the  last  day 
of  each  month.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     58,  578;   96,  415;   96,  416. 

§  1030.  Office  hours.  Unless  otherwise  provided  by 
law,  every  officer  must  keep  his  office  open  for  the  trans- 
action of  business  from  ten  o'clock  A.  M.  until  four  o'clock 
P.  M.  each  day,  except  upon  holidays.    En.  March  12,  1872. 

Holidays:   Ante,  sees.  10,  11. 

§  1031.  Signature  of  officers  acting  ex-officio.  When  an 
officer  discharges  ex-officio  the  duties  of  another  office  than 
that  to  which  he  is  elected  or  appointed,  his  official  signa- 
ture and  attestation  must  be  in  the  name  of  the  office  the 
duties  of  which  he  discharges.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     69,  93;   95,  47. 

§  1032.  Records  open  to  public  inspection,  exceptions. 
The  public  records  and  other  matters  in  the  office  of 
any  officer  are  at  all  times,  during  office  hours,  open  to  the 
inspection  of  any  citizen  of  this  state.  In  all  actions  for 
divorce,  the  pleadings  and  the  testimony  taken  and  filed 
in  said  actions  shall  not  be  by  the  clerk  with  whom  the 
same  is  filed,  or  the  referee  before  whom  the  testimony  is 
taken,  made  public,  nor  shall  the  same  be  allowed  to  be 
inspected  by  any  person  except  the  parties  that  may  be 
interested,  or  the  attorneys  to  the  action,  or  by  an  order 
of  the  court  in  which  the  action  is  pending;  a  copy  of 
said  order  must  be  filed  with  the  clerk.  In  cases  of  attach- 
ment, the  clerk  of  the  court  with  whom  the  complaint  is 
filed  shall  not  make  public  the  fact  of  the  filing  of  such 
complaint,  or  of  the  issuing  of  such  attachment,  until  after 
the  filing  of  return  of  service  of  attachment.  En.  March 
12,  1872.     Am'd.  1873-4,  14. 

Cal.  Rep.  Cit.     99,  531;   114,  549;   114,  550. 
Public  writings  open  to  inspection:  Code  Civ.  Proc,  sec. 
1892. 
Divorce:  Civ.  Code,  sees.  82-148. 
Attachment:   Code  Civ.  Proc,  sees.  537-559. 
Violation  of  section:  Pen.  Code,  sec.  176. 


/ 

§   1033  GENERAL,   PROVISIONS   OF   ELECTIONS.  W» 

§  1033.  State  officers  to  receive  no  fee  in  performance 
of  official  duty.  The  salaries  fixed  by  law  for  all  state  of- 
ficers, elective  or  appointive,  shall  be  compensation  in  full 
for  all  services  rendered  in  any  official  capacity  or  employ 
ment  whatsoever,  during  their  terms  of  office,  and  no  such 
officer  shall  receive  for  his  own  use  any  fee  or  perquisite 
for  the  performance  of  any  official  duty.  En.  Stats.  1905, 
212. 

TITLE     II. 

OF  ELECTIONS. 

Chapter  I.     General   Provisions  Relating  to   Elections,   §§ 
1041-1080. 
II.     Qualifications  and  Disabilities  of  Electors,  §§ 
1083-1084. 

III.  Registration  of  Electors,   §§   1094-1119. 

IV.  Election  Precincts,  §§"  1127-1132. 
V.     Boards  of  Election,  §§  1142-1150. 

VI.     Opening  and  Closing  the  Polls,  §§  1160-1164 
VII.     Poll   Lists,    §§    1174-1175. 
VIII.     Election  Tickets  and  Ballots,  §§  1185-1216. 
IX.     Voting  and  Challenges,  §§  1224-1243. 
X.     Canvassing  and  Returning  the  Vote,  §§  1252- 
1268. 
XI.     Canvass  of  Returns;    Declaration    of    Result; 
Commissions  and  Certificates  of    Election, 
§§  1278-1297. 
XII.     Elections  for  Electors  of  President  and  Vice- 
President,   §§   1307-1322. 

XIII.  Elections   for  Members   of  Congress,   §§   1332- 

1347. 

XIV.  Primary  Elections,  §§   1357-1380. 

CHAPTER  I. 

CRNERAL  PROVISIONS  REtATING  TO  ELECTIONS. 

Artlflc    I.     Time    of    Holding    Elections,    §§    1041-1043. 
II.     Elfctlon    Proclamations.    §§    10.")3-10.-)6. 
III.     Miscellaneous    Provisions,   "§§     1066-1073. 

TV,     f'r.iintv.   Citv  anfl  County   Boards  of  Election  Commissioners 
§5   1075-1080. 

ARTICLE  I. 

TIME    OF    HOLDING    ELECTIONS. 

g  1041.     Ooncral   oloctlon,   when   to  be  held. 

I  1042.    .lu'llrlal    el'otlon.     (Repealed.) 

{  1043.    Special  elections,   when  to  be  held. 


199  GENERAL  PROVISIONS  OF  ELECTIONS.  §§  1041-1054 

§  1041.  General  election,  when  to  be  held.  There  must 
be  held  throughout  the  state,  on  the  first  Tuesday  after  the 
first  Monday  of  November,  in  the  year  eighteen  hundred 
and  eighty,  and  in  every  second  year  thereafter,  an  elec- 
tion, to  be  known  as  the  general  election.  En.  March  12, 
1872.     Am'd.  1880,   77. 

Cal.  Rep.  Cit.  52,  169;  56,  98;  58,  560;  62,  572;  62,  573; 
62,  574;    130.  94;    141,  -ISO. 

Purity  of  elections,  act  relating  to:  See  post.  Appendix, 
title  Elections. 

§  1042.     Judicial  election.     (Repealed.)     En.    March    12, 
1872.     Rep.   1880,   77. 
Cal.  Rep.  Cit.     52,  169. 

§  1043.  Special  elections,  when  to  be  held.  Special  elec- 
tions are  such  as  are  held  to  supply  vacancies  in  any  office, 
and  are  held  at  such  times  as  may  be  designated  by  the 
proper  board  or  officer.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  169;   55,  617;  114,  364;  130,  94. 

Vacancies:  Ante,  sees.  996  et  seq. 

Designating  time  of  election:   See  post,  sec.  1053. 

Act  relating  to  special  elections:  See  post.  Appendix, 
title   Elections. 

ARTICLE  II. 

ELECTION    PROCLAMATIONS. 

§  1053.  Election   proclamations   by    the  governor. 

§  1054.  Governor's   proclamation,    what    to    contain. 

§  1055.  Publication   and    posting   by    supervisors. 

§  1056.  Election   proclamation   by   supervisors. 

§  1053.     Election    proclamations    by    the    governor.     At 

least  thirty  days  before  a  general  election,  and  whenever 
he  orders  a  special  election  to  fill  a  vacancy  in  the  office 
of  state  senator  or  member  of  assembly,  at  least  ten  days 
before  such  special  election  the  governor  must  issue  an 
election  proclamation,  under  his  hand  and  the  great  seal 
of  the  state,  and  transmit  copies  there  of  to  the  boards  of 
supervisors  of  the  counties  in  which  such  elections  are  to 
be  held.     En.  March  12,  1872.    Am'd.  1877-8,  25;  1880,  77. 

Cal.  Rep.  Cit.     91,  435. 

OpeniEg  and  closing  polls:   See  post,  sec.  1160. 

§  1054.  Governor's  proclamation,  what  to  contain.  Such 
proclamation   must   contain: 

1.  A  statement  of  the  time  of  election,  and  of  the  of- 
fices to  be  filled. 


§§  1055,  1056       GENERAL   PROVISIONS   OF   ELECTIONS.  2(10 

2.  An  oJBfer  of  rewards,  in  the  following  form:  "And  I 
do  hereby  offer  a  reward  of  one  hundred  dollars  for  the 
arrest  and  conviction  of  any  and  every  person  violating 
any  of  the  provisions  of  title  IV,  part  I,  of  the  Penal  Code; 
such  rewards  to  be  paid  until  the  total  amount  hereafter 
expended  for  the  purpose  reaches  the  sum  of  ten  thousand 
dollars."     En.  March  12,  1872, 

Cal.  Rep.  Cit.     55,  617;  91,  435. 

Provisions  of  Penal  Code:  Sees.  40-64%  on  crimes 
against  the  elective  franchise. 

§  1055.     Publication    and    posting    by    supervisors.     The 

board  of  supervisors,  upon  the  receipt  of  such  proclama- 
tion, may,  in  case  of  general  or  special  elections,  cause  a 
copy  of  the  same  to  be  published  in  some  newspaper  print- 
ed in  the  county,  if  any,  and  to  be  posted  at  each  place  of 
election  at  least  ten  days  before  the  election,  and  in  case 
of  special  elections  to  fill  a  vacancy  in  the  office  of  state 
senator  or  member  of  assembly,  the  board  of  supervisors, 
upon  receipt  of  such  proclamation,  may,  in  their  discre- 
tion, cause  a  copy  of  the  same  to  be  published  or  posted 
as  hereinbefore  provided,  except  that  such  publication  or 
posting  need  not  be  made  for  a  longer  period  than  five  days 
before  such  election.  En.  March  12,  1872.  Am'd.  1875-6, 
24;    1877-8,  26;    1880,  77. 

Cal.  Rep.  Cit.     53,  393;   56,  116;   91,  435;   91,  438. 

§  1056.  Election  proclamation  by  supervisors.  When- 
ever a  special  election  is  ordered  by  the  board  of  super- 
visors, they  must  issue  an  election  proclamation,  contain- 
ing the  statement  provided  for  in  subdivision  1,  section 
1054,  and  must  publish  and  post  it  in  the  same  manner 
as  pi-oclamations  issued  by  the  governor.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     55,  617;  55,  621;   91,  435. 

Special  elections:  Ante,  sees.  1043,  1053. 

ARTICLE  III. 

MISCELLANEOUS    PROVISIONS. 

8  1066.  Plurality    to   elect. 

S  10«7.  Prijcecdlng.s  on  a  tie  vote  other  than  for  governor  or  Ueutenant- 
Kuvcrnor. 

10C8.  Saine,   on  tie  vote  for  governor  or  lleutenant-gfovernor, 

lOtiS.  Klectors   privileged    from   arrest,    when. 

1070.  Kleetors  exempt   from   mllltia   duty.    when. 

1071.  No   fees   for   cerllflcate   of  registration. 

1072.  Compensation   of  officers  of  election. 

1073.  Supervisors    to   have    blanks   prepared. 


201  GENERAL,   PROVISIONS   OF   ELECTIONS.  85  1066-1072 

§  1066.  Plurality  to  elect.  The  person  receiving  at  any 
election  the  highest  number  of  votes  for  any  office  to  be 
filled  at  such  election,  is  elected  thereto.    En.  March  12, 

1872. 

Cal.  Rep.  Cit.     132,  284;   143,  549. 

Plurality  elects:   Const.  Cal.  1879,  art.  XX,  sec.  13. 

§  1067.  Proceedings  on  a  tie  vote  other  than  for  gov- 
ernor OP  lieutenant-governor.  If  at  any  election,  except 
that  for  governor  or  lieutenant-governor,  two  or  more  per- 
sons receive  an  equal  and  the  highest  number  of  votes, 
there  is  no  choice,  and  a  special  election  to  fill  such  of- 
fice must  be  ordered  by  the  proper  board  or  officer.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     132,  284;  143,  546;  143,  547;  143,  549. 

Special  election:  Ante,  sec.  1043. 

§  1068.  Same,  on  tie  vote  for  governor  or  lieutenant- 
governor.  In  case  any  two  or  more  persons  have  an  equal 
and  highest  number  of  vote.s  for  either  governor  or  lieu- 
tenant-governor, the  legislature  must,  by  joint  vote  of  both 
houses,  chose  one  of  the  persons  to  fill  such  office.  En. 
March  12,  1872. 

Constitutional  basis  of  section:  See  Const.  Cal.  1879, 
art.  V,  sec.  4. 

§  1069.  Electors  privileged  from  arrest,  when.  Electors 
are  privileged  from  arrest,  except  for  an  indictable  offense, 
during  their  attendance  on  the  election,  and  in  going  to 
and  returning  from  the  same.    En.  March  12,  1872. 

Constitutional  provision,  of  same  character:  Const.  Cal. 
1879,  art.  II,  sec.  2, 

§  1070.  Electors  exempt  from  militia  duty,  when.  No 
elector  is  obliged  to  perform  militia  duty  on  the  day  of 
election,  except  in  time  of  war  or  public  danger.  EJn. 
March  12,  1872. 

Basis  of  section:  See  Const.  Cal.  1879,  art.  II,  sec.  3. 

§  1071.  No  fees  for  certificate  of  registration.  No  fees 
must  be  charged  for  registration  or  certificates  thereof. 
En.  March  12.  1872. 

§  1072.  Compensation  of  officers  of  election.  Each 
member  upon  a  board  of  election  in  any  county,  or  city  or 


§§  1073-1075  GENERAL   PROVISIONS    OF   ELECTIONS.  2«2 

county,  in  the  state,  and  each  clerk  thereof,  shaii  receive 
as  compensation  for  his  services  upon  such  board,  a  sum 
not  to  exceed  ten  dollars,  w^hich  sum  shall  be  paid  out  of 
the  treasury  of  the  county,  or  city  or  county,  in  which 
such  persons  act.  En.  March  12,  1872.  Am'd.  1889,  423. 
Cal.  Rep.  Cit.     142,  517. 

§  1073.  Supervisors  to  have  blanks  prepared.  The  nec- 
essary printed  blanks  for  poll  lists,  tally  lists,  lists  of 
voters,  oaths,  and  returns,  together  with  envelopes  in  which 
to  inclose  returns,  must  be  furnished  by  the  board  of  su- 
pervisors to  the  officers  of  each  election  precinct  at  the 
expense  of  the  county.     En.  March  12,  1872. 


ARTICLE  IV. 

COUNTY,    CITY    AND    COUNTY    BOARDS    OF    ELECTION    COMMIS- 
SIONERS. 

New  article  approved  March  28,  1895;  Stats.  1895,  p.  341. 

§  1074.  No   section   of   this  number. 

§  1075.  Election    commissioners. 

§  1076.  Powers  of  commissioners. 

§  1077.  Secretary   and   clerks  of  commissioners. 

I  1078.  '  Secretary  of  commissioners,   powers  and  duties. 

§  1079.  Expenditures. 

§  1080.  Effect    of    act    creating    election    commissioners. 

§  1074.     No  section  of  this  number. 

§  1075.  Election  commissioners.  The  board  of  super- 
visors of  each  county  is  ex-officio  the  board  of  election 
commissioners  in  and  for  the  county,  and  the  common 
council,  or  other  governing  body  of  a  city,  is  ex-officio  the 
board  of  election  commissioners  in  and  for  such  city; 
provided,  that  in  cities  and  cities  and  counties  of  this  state 
having  one  hundred  and  fifty  thousand  or  more  inhabitants 
the  board  of  election  commissioners  shall  consist  of  four 
person.-^,  citizens  and  electors  of  such  city,  or  city  and 
county,  each  of  whom  must  be  a  freeholder,  and  have 
been  an  actual  resident  of  said  city  and  county  at  least 
five  years  preceding  his  appointment,  who  shall  be  ap- 
pointed by  the  mayor;  provided,  that  the  respective  execu- 
tive committees  of  the  state  committees  of  either  of  the 
political  parties,  who  may  be  entitled  under  the  pro- 
vision.s  of  this  act  to  have  members  of  their  party  appoint- 
ed as  members  of  said  board  of  election  commissioners, 
shall  have  the  right,  within  ten  days  after  such  appoint- 


203  GENERAL  PROVISIONS  OF  ELECTIONS.  §  lOTf 

ment,  to  file  with  the  mayor  a  written  protest  against  the 
appointment  of  a  member  of  said  board  of  election  com- 
missioners, as  having  been  appointed  as  one  of  affiliation 
with  said  party,  on  the  grounds  that  said  appointee  is  not  a 
person  of  well-known  affiliation  and  standing  with  said 
party  from  which  he  has  been  appointed;  and  the  mayor 
thereupon  shall  make  another  appointment  in  the  place  of 
the  party  against  whom  the  protest  has  been  filed.  The 
members  of  said  commission  shall  be  ineligible  to  any  oth- 
er office  or  public  employment,  elective  or  appointive,  dur- 
ing the  term  for  which  they  have  been  appointed  and  for 
one  year  thereafter.  Two  of  the  persons  so  appointed  shall 
be  selected  from  the  body  of  citizens  and  electors  of  such 
city,  or  city  and  county,  of  known  affiliation  with  and 
belonging  to  the  political  party  or  organization  which  at 
the  last  presidential  election  held  in  such  city,  or  city  and 
county,  polled  within  said  city,  or  city  and  county,  the 
highest  number  of  votes  cast  for  the  candidates  of  the 
political  party  for  presidential  electors  at  such  election; 
and  the  two  remaining  members  of  said  board  shall  be 
selected  from  the  body  of  electors  of  such  city,  or  city 
and  county,  of  known  affiliation  with  and  belonging  to  the 
political  party  which,  at  the  last  presidential  election 
held  at  such  city,  or  city  and  county,  polled  within  such 
city,  or  city  and  county,  the  next  highest  number  of  votes 
cast  for  the  candidates  for  presidential  electors  of  a 
political  party.  The  members  of  said  commission  shall, 
every  two  years,  choose  one  of  their  number  as  chairman; 
in  the  event  of  their  failure  to  select  a  chairman  in  five 
ballots,  the  oldest  of  said  members  in  point  of  years  shall 
be  chairman.  The  person  first  appointed  as  such  board 
of  election  commissioners  shall  be  appointed  on  the  first 
Monday  of  July,  eighteen  hundred  and  ninetj'-five,  and 
shall  each  hold  their  office  for  the  term  of  ifour  years 
from  and  after  the  date  of  their  appointment,  except  that 
of  those  first  appointed,  two  (one  belonging  to  each  politi- 
cal party  or  organization  as  aforesaid),  to  be  designated 
by  the  mayor,  shall  retire  at  the  end  of  two  years,  when 
their  successor  shall  be  appointed  by  the  mayor.  When- 
ever any  vacancy  shall  occur  in  the  said  board,  such 
vacancy  shall  be  filled  by  appointment  as  herein  prescribed, 
and  the  person  so  appointed  to  fill  such  vacancy  shall  be 
selected  in  the  same  manner  and  from  the  same  political 
party  or  organization  with  which  his  predecessc  in  of- 
fice affiliated  and  belonged  at  the  time  of  his  appointment 
thereto,  and  shall  hold  office  for  the  balance  of  the  un- 


§§  1076,  1077         GENERAL,  PROVISIONS  OF  ELECTIONS.  a04 

expired  term  to  which  he  was  appointed.  The  salary  of 
each  member  of  the  board  of  election  commissioners  in 
and  for  a  city,  or  city  and  county,  having  one  hundred 
thousand  or  more  inhabitants,  shall  be  seven  hundred  and 
fifty  dollars  per  annum,  payable  in  equal  monthly  install- 
ments, out  of  the  treasury  of  such  city,  or  city  and  county, 
in  the  same  manner  as  the  salaries  of  other  officers  of 
such  city,  or  city  and  county,  are  paid.  En.  Stats.  1895, 
338. 

Cal.  Rep.  Cit.     Ill,  99;   111,  100;   143,  471. 

This  act  was  declared  unconstitutional  in  the  case  of 
Denman  v.  Bi'oderick,  111  Cal.  96. 

§  1076.  Powers  of  commissioners.  The  board  of  elec- 
tion commissioners,  as  provided  for  in  this  irticle,  shall, 
within  their  respective  counties,  cities  or  cities  and  coun- 
ties, be  invested  with,  and  shall  exercise  all  the  powers 
conferred,  and  shall  discharge  and  perform  all  the  duties 
imposed  by  this  code  or  by  any  law  of  this  state,  upon 
boards  of  supervisors  of  the  several  counties,  or  upon  the 
common  council  or  other  governing  body  of  cities,  or  upon 
any  other  board  or  body,  in  respect  to  the  conduct,  control, 
management,  and  supervision  of  elections,  and  all  matters 
pertaining  to  elections  held  within  the  respective  counties, 
cities,  or  cities  and  counties,  as  the  same  are  now  or  may 
be  hereafter  prescribed  by  law.     En.  Stats.  1895,  339. 

§  1077.  Secretary  and  clerks  of  commissioners.  The 
county  clerk  is  ex-officio  clerk  of  the  board  of  election 
commissioners  of  the  county,  and  the  clerk  or  secretary 
of  the  common  council  or  other  governing  body  of  a  city 
is  ex-oflScio  the  clerk  or  secretary  of  the  board  of  election 
commissioners;  provided,  that  in  cities,  or  cities  and  coun- 
ties, of  this  state  having  one  hundred  and  fifty  thousand 
or  more  inhabitants,  the  board  of  election  commissioners 
shall  appoint  a  suitable  person,  not  one  of  their  own 
number,  to  act  as  secretary,  at  a  salary  not  to  exceea  two 
hundred  and  fifty  dollars  per  month,  payable  in  the  same 
manner  as  the  salaries  of  the  commissioners  are  paid. 
Such  secretary  shall  hold  his  oflace  during  the  pleasure  of 
the  said  board. 

The  secretary  of  the  board  of  election  commissioners 
shall  not,  during  the  term  of  his  office,  engage  in  any  other 
calling  (ir  trade,  or  profession  or  employment,  and  shall 
he  ineligible  to  be  a  candidate  or  delegate  to  any  conven- 


205  GENERAL    PROVISIONS   OF   ELECTIONS.  §  1073 

tion  which  shall  nominate  candidates  for  office,  and  he 
shall  he  inelisible  to  be  voted  for  for  any  office  while 
acting  as  such  secretary;  and  if  these  provisions  of  the 
law  are  not  obeyed,  it  shall  be  the  duty  of  tue  board  of 
election  commissioners  forthwith  to  declare  his  place 
vacated,  and  the  vacancy  shall  be  filled  in  the  same  man- 
ner and  terms  as  provided  for  in  the  original  appointment. 

Each  member  of  the  board  of  election  commissioners, 
and  the  secretary  elected  by  said  board  of  election  com- 
missioners, shall,  within  fifteen  days  after  receiving  notice 
of  their  appointment,  take  the  usual  oath  of  office  before 
any  judge  of  the  superior  court  of  said  county,  or  city  and 
county,  and  said  oaths  of  office  shall  be  filed  with  the 
county  clerk  of  said  city  and  county. 

The  board  of  election  commissioners  shall  have  the 
power  to  appoint  all  deputies,  and  such  clerks  as  may  be 
necessary,  and  to  fix  their  salaries  at  the  time  of  their 
employment.  All  deputies  and  clerks  thus  appointed  shall 
be  equally  divided  between  the  representatives  of  the 
political  parties  that  polled  the  highest  and  the  next  to  the 
highest  number  of  votes  at  the  preceding  presidential 
election.  The  salaries  cf  all  deputies  and  clerks  that  may 
be  appointed  bv  said  board  of  election  commissioners"  shall 
be  pavable  in  equal  monthly  installments  out  of  the  treas- 
ury of  said  city,  or  city  and  county,  in  the  same  manner 
as  the  salaries  of  other  officers  of  such  city,  or  city  and 
county,  are  paid. 

The  members  of  the  board  of  election  commissioners, 
the  secretary  of  the  board  of  election  commissioners,  all 
deputies  and  clerks  appointed  by  the  board  of  election 
commissioners,  and  all  elections  officers,  shall  have  the 
power  to  administer  oaths;  and  any  false  oaths  taken 
before  them,  or  either  of  them,  shall  be  deemed  to  be 
perjury,  and  the  persQn  so  convicted  thereof  shall  be 
punished  according  to  law.    En.  Stats.  1895,  339. 

Cal.  Rep.  Cit.     143,  471. 

§   1078.     Secretary  of  commissioners,  powers  and  duties. 

The  county  clerk  of  each  county,  and  the  clerk  or  secre- 
tary of  the  common  council  of  a  city,  shall,  within  their 
respective  counties,  or  cities,  exercise  all  the  powers  con- 
ferred, and  shall  discharge  and  perform  all  the  duties  im- 
posed by  this  code,  or  by  any  law  of  this  state,  upon  such 
officers  in  respect  to  the  conduct,  management,  and  super- 
vision of  elections,  and  matters  pertaining  to  elections,  held 


§§  1079,  1080         GENERAL   PROVISIONS   OP   ELECTIONS.  209 

within  the  respective  counties,  or  cities,  as  the  same  are 
now  or  may  be  hereafter  prescribed  by  law;  provided, 
that  in  cities,  or  cities  and  counties,  having  one  hundred 
and  fifty  thousand  or  more  inhabitants,  the  secretary  of 
the  board  of  election  commissioners,  under  the  direction 
of  the  board  of  election  commissioners,  shall  exercise  all 
the  powers  conferred,  and  shall  discharge  and  perform  all 
the  duties  imposed  by  this  code,  or  by  any  law  of  this 
state,  upon  the  county  clerk  or  any  other  officer  in  such 
cities,  or  cities  and  counties,  in  respect  to  the  conduct  and 
supervision  of  matters  relating  to  elections  held  within 
such  cities,  or  cities  and  counties,  as  the  same  are  now  or 
may  be  hereafter  prescribed  by  law.  En.  Stats.  1895,  340. 
Cal.  Rep.  Cit.     143,  471. 

§  1079.  Expenditures.  Whenever  the  clerk,  secretary, 
or  any  officer  of  a  county,  city,  or  city  and  county,  is 
charged  with  the  performance  of  any  official  duty  in  re- 
spect to  elections  which  involves  the  expenditure  of  pub- 
lic moneys,  such  expenditures  shall  be  subject  to  the  con- 
trol and  supervision  of  the  board  of  election  commission- 
ers; and  when  any  printing  or  other  service  is  to  be  per- 
formed, or  materials  are  to  be  furnished,  the  amount  of 
which  in  the  aggregate  shall  exceed  the  value  of  five  hun- 
dred dollars,  it  shrill  be  the  duty  of  the  board  of  election 
commissioners  to  invite  proposals  for  the  work,  or  the 
furnishing  of  the  materials,  and  to  let  the  contract  for 
the  same  to  the  lowest  responsible  bidder  therefor,  in 
the  same  manner  and  upon  the  same  conditions  as  is  re- 
quired in  the  letting  of  contracts  for  doing  other  and  sim- 
ilar work,  or  furnishing  other  and  similar  materials,  for 
county,  city,  or  city  and  county  purposes;  provided,  that 
no  such  proposal  or  bid  shall  be  required  for  the  contract 
to  print  ballots,  if  the  time  within  which  such  ballots  must 
be  had  does  not  reasonably  admit  of  such  proposal  and 
bid.     En.  Stats.  1895,  340. 

§  1080.  Effect  of  act  creating  election  commissioners. 
Nothing  contained  in  this  article  affects  any  of  the  pro 
visions  of  this  code,  or  of  any  statute  of  this  state, 
touching  the  registration  and  qualification  of  voters  and 
the  method  of  calling,  holding  and  conducting  elections, 
in  force  in  any  county,  city,  or  city  and  county;  but  such 
provisions  and  statutes  are  recognized  as  continuing  in 
force,  except  so  far  as  they  are  inconsistent  with  the 
provisions  of  this  article  upon  the  subject  to  which  this 
article  relates.    En.  Stats.  1895.  341. 


207  QUALIFICATIONS,    ETC.,    OF   ELECTORS.     SS  1<"»3,  10S4 

CHAPTER  II.. 

QUALIFICATIONS    AND   DISABILITIES   OF   ELECTORS. 

§  1083.    Qualifications  of  a  voter. 
§  1084.    Persons  not   entitled  to  vote. 

§  1083.  Qualifications  of  a  voter.  Every  male  citizen 
of  the  United  States,  every  male  person  who  shall  have 
acquired  the  right  of  citizenship  under  or  by  virtue  of  the 
treaty  of  Queretaro,  and  every  male  naturalized  citizen 
thereof,  who  shall  have  become  such  ninety  days  prior  to 
any  election,  of  the  age  of  twenty-one  years,  who  shall 
have  been  a  resident  of  the  state  one  year  next  preceding 
the  election,and  of  the  county  in  which  he  claims  his  vote 
ninety  days,  and  in  the  election  precinct  thirty  days,  and 
who  has  conformed  to  the  law  governing  the  registration 
of  voters,  shall  be  a  qualified  elector  at  any  and  all  elec- 
tions held  within  the  county,  city  and  county,  city,  town, 
or  district,  within  which  such  elector  resides  En.  March 
12,  1872.    Am'd  1880,  77;  1893,  124;   1899,  60. 

Cal.  Rep.  Cit.  91,  467;  118,  394;  119,  617;  119,  618;  127, 
89;  145,  324;  145,  338;  145,  341;     145,  342. 

No  property  qualification  ever  to  be  acquired  for  any 
person  to  vote;  Const.  Cal.,  art.  I,  sec.  24. 

Citizens,  native  and  naturalized:  Ante,  sec.  51. 

Residence,  for  voting  purposes,  rules  for  determining 
place  of:     Post,  sec.  1239. 

Great  register  of  county,  name  enrolled  on:  See  Regis- 
tration of  Electors,  sees.  1094-1119. 

Educational  qualification,  act  relating  to:  See  post. 
Appendix,  title  Elections. 

§  1084.  Persons  not  entitled  to  vole.  No  native  of 
China,  no  idiot,  insane  person,  or  person  convicted  of 
any  infamous  crime,  and  no  person  hereafter  convicted 
of  the  embezzlement  or  misappropriation  of  public  money, 
shall  ever  exercise  the  privilege  of  an  elector.  En.  March 
12,  1872.     Am'd.  1880,  78. 

Cal.  Rep.  Cit.  91,  467. 

Constitutional  basis  of  section:  As  amended  1880;  pro- 
viso in  Const.  Cal.,  art.  II,  sec.  1. 

Native  of  China,  provisions  against  Chinese:  Const. 
Cal.,  art.  XIX, 


5  1094  REGISTRATION    OF   ELECTORS.  SM 

CHAPTEE    III. 

REGISTRATION   OF   ELECTORS. 

§  1094.  Great    register,    re-regtstration. 

§  1095.  Names   of   electors    to  be   entered. 

§  1096.  Substance   of  entry. 

§  1097.  Rules  governing  entry. 

§  1098.  Assessor's    roll    of    electors.     (Repealed.) 

§  10;'9.  What   enrollment  must  show.     (Repealed.) 

§  110<).  Duty  of  clerk  or  assessor  relative  to  certain  proofs  produced. 
(Repealed.) 

§  1101.  Assessor  must  make  monthly  returns  of  enrollment.  (Re- 
pealed.) 

§  1102.  Duty   of  clerk  upon   receipt   of  the   return. 

§  1103.  Affidavits   must   be   filed   in   clerk's   office   for   five    years. 

§  1104.  Persons   not   to   be   registered   in   different    counties. 

§  1105.  Cancellation   of  entry. 

§  1106.  When   entry   must   be  canceled. 

§  1107.  Clerk  must  give  certificate  of  registration. 

§  1108.  Persons    refused   registration   may   proceed   by   action. 

§  1109.  Action    to    have    registration    canceled. 

§  1110.  Parties    to    such    actions. 

§  1111.  Same. 

§  1112.  Costs   not   to   be  recovered   against  the   clerk,    except. 

§  111.'?.  Clerk   to   arrange   affidavits  of  registration. 

§  1114.  Names,    manner    of    arrangement.     (Repealed.) 

§  1115.  Clerk   to   prepare    Index. 

§  1116.  Printed    copies,     how    distributed. 

§  1117.  Certified    copy    prima    facie    evidence. 

§  1118.  Primary  elections. 

§  1119.  Primary    elections. 

§  1094.  Great  register,  re-registration.  A  register,  in 
which  shall  be  entered  the  names  of  the  qualified  electors 
of  each  of  the  counties  of  the  state,  shall  be  kept  at  the 
oflftce  of  the  county  clerk  of  each  county,  and  in  each  of 
the  cities  and  counties  of  the  state  such  a  register  shall  be 
kept  in  the  office  of  the  person  charged  with  the  registra- 
tion of  voters  of  such  city  and  county.  There  shall  be, 
in  each  even-numbered  year,  in  each  of  the  counties  of 
the  state,  a  new  and  complete  registration  of  the  voters 
of  such  counties,  and  cities  and  counties,  v/ho  are  entitled 
thereto.  Such  registration  shall  begin  on  the  first  day  of 
January  of  such  years,  and  shall  be  in  progress  at  all 
times  except  during  the  forty  days  immediately  preceding 
any  election,  when  it  shall  cease  as  to  electors  residing  In 
the  territory  within  which  such  election  is  to  be  held; 
but  transfers  may  be  made  from  one  precinct  or  ward  to 
another  In  the  same  county,  or  city  and  county,  at  any 


209  REGISTRATION  OF  ELECTORS.  §  1095 

time  except  within  twenty-five  days  immediately  preced- 
ing any  such  election.  The  board  havin??  charge  and  con- 
trol of  elections  in  the  several  counties  and  cities  and 
counties,  may  provide  by  resolution,  for  the  registration 
of  voters  in  their  respective  precincts,  by  the  officer 
charged  with  the  registration  of  voters.  Upon  the  writ- 
ten request  of  the  officer  charged  with  the  registration  of 
voters,  every  landlord  or  keeper  of  premises  where 
lodgers  abide  shall  furnish  said  officer  a  list  of  all  lodgers 
occupying  rooms  or  sleeping  apartments  or  beds  in  the 
premises  under  his  control.  Such  list  shall  be  furnished 
upon  blanks  provided  by  said  officer.  Any  landlord  or 
keeper  of  premises  where  lodgers  abide,  who  neglects  or 
refuses  to  comply  promptly  with  the  provisions  of  this 
section  shall  be  guilty  of  misdemeanor.  Any  voter  regis- 
tered in  premises  in  which  the  landlord  or  keeper  neglects 
or  refuses  to  comply  with  this  act  shall  be  cited  to  appear 
before  the  election  commissioners  within  five  days  in  or- 
der to  verify  his  right  to  vote.  It  shall  be  considered  as 
a  proper  citation  to  such  voter  if  the  citation  is  addressed 
to  the  name  of  the  party  registered,  the  number  of  room 
and  place  of  registration;  and  if  the  party  cited  does  not 
appear,  in  answer  to  the  citation,  at  the  time  appointed, 
his  name  shall  be  stricken  from  the  register  of  voters. 
The  landlord  or  keeper  of  premises  from  which  the  voter 
is  registered  shall  also  be  cited  to  appear  at  the  same 
time  and  place  at  which  the  citation  of  his  alleged  lodger 
is  returnable.  En.  March  12,  1872.  Am'd.  1877-8,  27; 
1889,  424;   1895,  229;   1899,  60. 

Cal.   Rep.    Cit.   56,   70;   56,   72;   56,   73;   96,   366;   96,   369; 
119,  619;   127,  88;   142,  75;   145,  324;   145,  342. 

§  1095.  Names  of  electors  to  be  entered.  In  the  regis- 
ter of  voters  the  clerk  must,  as  hereinafter  provided,  en- 
ter the  names  of  the  qualified  electors  of  the  county,  and 
the  provisions  of  section  one  thousand  and  ninety-six  of 
this  code  are  hereby  declared  to  be  mandatory.  Any  offi- 
cer charged  with  the  registration  of  voters  who  neglects 
or  refuses  to  make  all  of  the  entries  provided  for  in  sec- 
tion one  thousand  and  ninety-six  of  the  Political  Code,  or 
neglects  or  refuses  to  take  the  oath  of  the  voter  applying 
to  him  for  registration  in  respect  to  the  same,  shall,  upon 
conviction,  be  deemed  guilty  of  a  misdemeanor  for  each 
and  every  such  omission.  En.  March  12,  1872.  Am'd. 
1899,  61;  1903,  257. 

Pol.  Code— 14 


§§  1096.  1097  REGISTRATION   OF   ELECTORS.  210 

Cal.  Rep.  Cit.  145,  324;  145,  342. 

Qualified  electors,  who  are:  Ante,  sec.  1C83. 

§  1096.     Substance  of  entry.     Such  entry  must  show: 

1.  The  name  at  len^h. 

2.  The  age,  omitting  fractions  of  years. 

3.  The  occupation. 

4.  The  height. 

5.  The  visible  marks  or  scars,  if  any,  and  their  location. 

6.  The  country  or  state  of  nativity. 

7.  The  place  of  residence  (giving  ward  and  precinct) ; 
and,  in  municipal  corporations,  by  specifying  the  name  of 
the  street,  avenue,  or  other  location  of  the  dwelling  of 
such  elector,  with  the  number  of  such  dwelling,  if  the 
same  has  a  number,  and  if  not,  then  with  such  description 
of  the  place  that  it  can  be  readily  ascertained  and  identi- 
fied. If  the  elector  be  not  the  proprietor  or  head  of  the 
house,  then  it  must  show  that  fact,  and  upon  what  floor 
thereof,  and  what  room  such  elector  oi^cupies  in  such 
house. 

8.  If  naturalized,  the  place  of  naturalization. 

9.  The  date  of  the  entry  of  each  person. 

10.  The  postofllce  address. 

11.  The  fact  whether  or  not  the  elector  desiring  to  be 
registered  is  able  to  read  the  constitution  in  the  English 
language  and  to  write  his  name,  and  wh.5ther  or  not  the 
elector  h^s  any  physical  disability  by  reason  of  which  he 
cannot  mark  his  ballot;  and  if  he  cannot  mark  his  ballot 
by  reason  of  physical  disability,  then  the  nature  of  such 
disability  must  be  entered.  En.  March  12,  1872.  Am'd. 
1891,  281;  1895,  230;  1899,  61. 

Cal.  Rep.  Cit.     145.  324;     145,  325;     145,  327;    145,  335; 
145,  342.     Subd.  11—145,  357. 

§  1097.  Rules  governing  entry.  No  person's  name  must 
be  entered  by  the  clerk  unless: 

1.  Upon  the  production  and  filing  of  a  certified  copy  of 
the  judgment  of  the  superior  court  directing  such  entry 
to  be  made. 

2.  If  a  naturalized  citizen,  upon  the  production  of  his 
certificate  of  naturalization,  which  certificate  must  be  is- 
sued ninety  days  prior  to  the  succeeding  election,  or  upon 
his  afiidavit  that  it  is  lost  or  out  of  his  possession,  which 


211  REGISTRATION   OF   ELECTORS.  §§  1098-1100 

affidavit  must  state  the  place  of  his  nativity  and  the  time 
and  place  of  his  naturalization,  together  with  his  affidavit 
that  he  has  resided  in  the  United  States  for  five  years, 
and  in  this  state  for  one  year  next  preceding  the  time 
of  application,  and  that  he  would  be  an  elector  of  the 
county  at  the  next  succeeding  election;  provided,  how- 
ever, if  such  naturalized  citizen  shall  have  been  previ- 
ously registered  as  a  qualified  elector  in  any  of  the  coun- 
ties, or  cities  and  counties  of  this  state,  his  name  mu^3t 
not  be  entered  by  the  clerk  unless  he  produces  a  certifi- 
cate of  such  registration,  issued  by  the  party  authorized 
by  law  to  issue  such  certificate,  which  certificate  shall  be 
prima  facie  evidene  of  his  naturalization. 

3.  If  born  in  a  foreign  country,  upon  his  affidavit  „hat 
he  became  a  citizen  of  the  United  States  by  virtue  of  the 
naturalization  of  his  father  while  he  was  residing  in  the 
United  States,  and  under  the  age  of  twenty-one  years,  and 
that  he  is  or  would  be  an  elector  of  the  county  at  the 
next  ensuing  election. 

4.  In  other  cases,  upon  the  affidavit  of  the  party  that  he 
is  or  will  be  an  elector  of  the  county  at  the  next  succeed- 
ing election.  Such  affidavit  must  be  made  before  a  county 
clerk  or  officer  charged  with  the  registration  of  voters  or 
their  deputies. 

5.  In  every  case  the  affidavit  of  the  party  must  show 
all  the  facts  required  to  be  stated  in  the  entry  on  the  reg- 
ister, except  the  date  of  the  entry.  En.  March  12,  1872. 
Am'd.  1873-4,  15;   1880,  78;   1883,  284;   1899,  61. 

Cal.  Rep.  Cit.  56,  71;  56,  72;  56,  73;  145,  324;  145,  325; 
145,   327;    145,   342. 

Subd.  1.  Registration  in  another  county — must  be  can- 
celed:    Post,  sec.  1104. 

Elector  of  the  county,  qualifications  of  electors:  Ante, 
sec.  1083. 

Subd.  2.    Returns  of  assessor:     See  sees.  1098-1103. 

§  1098.  Assessor's  roll  of  electors.  (Repealed.)  En. 
March  12,  1872.     Rep.  1899,  63. 

§  1099.  What  enrollment  must  show.  (Repealed.)  En. 
March  12,  1872.    Rep.  1899,  63. 

§  1100.  Duty  of  clerk  or  assessor  relative  to  certain 
proof  produced.  (Repealed.)  En.  March  12,  1872.  Rep. 
1899,  63. 


§§  1101-1106  REGISTRATION     OF    ELECTORS.  212 

§  1101.  Assessor  must  make  monthly  returns  of  enroll- 
ment.    (Repealed.)     En.  March  12,  1872.     Rep.  1899,  63. 

§  1102.  Duty  of  clerk  upon  receipt  of  the  return.  Upon 
the  receipt  of  such  return,  the  clerk  must  at  once  enter 
upon  the  great  register  the  names  contained  and  the  state- 
ments made  in  such  return.     En.  March  1,  1872. 

Cal.  Rep.  Cit.  129,  563. 

§  1103.  Affidavits  must  be  filed  in  the  clerk's  office  for 
five  years.  The  clerk  must  preserve  all  affidavits  made 
before  himself  or  his  deputies  for  the  purpose  of  procur- 
ing registration,  for  at  least  five  years  from  the  dates 
thereof.  After  said  affidavits  and  duplicates  shall  have 
been  preserved  for  five  years,  upon  order  of  the  board  of 
supervisors,  they  may  be  destroyed.  En.  March  1,  1872. 
A.m'd.  1899,  62;   1903,  257. 

Cal.  Rep.  Cit.  145,  324;   145,  325;   145,  342. 

§  1104.  Persons  not  to  be  registered  In  different  coun- 
ties. No  person  must  cause  himself  to  be  registered  or 
enrolled  in  one  county  when  his  registration  in  another 
remains  uncanceled.     En.  March  12,  1872. 

Punishment  for  fraudulent  registration:  Pen.  Code, 
sec.  42. 

§  1105.  Cancellation  of  entry.  There  must  be  left  op- 
posite each  name  in  the  great  register  a  blank  for  can- 
cellation. Cancellation  is  made  by  writing  in  such  blank 
the  word  "canceled,"  and  a  statement  cf  the  reasons 
therefor,  and  by  writing  in  red  ink  across  the  face  of  the 
affidavit  used  in  procuring  such  registration  the  same 
words  as  are  used  in  making  the  cancellation  in  the  great 
register.     En.  March  12,  1872.     Am'd.  1899,  62. 

Cal.  Rep.  Cit.  122,  178;   145,  324;   145,  325. 

When  entry  canceled:   Post,  sec.  1106. 

§  1106.  When  entry  must  be  canceled.  The  clerk 
must  cancel  the  entry  in  the  following  cases: 

1.  At  the  request  of  the  party  registered. 

2.  When  he  knows  of  the  death  or  removal  of  the  per- 
son registered. 

'A.  When  the  insanity  of  the  person  registered  is  legally 
established. 

4.  Upon  the  production  of  a  certified  copy  of  a  judg- 
ment of  the  conviction  of  any  elector  of  any  infamous 


il3  REGISTRATION    OF    ELECTORS.  §  1106 

crime,  or  of  the  embezzlement  or  misappropriation  of  any 
public  money,  in  full  force  against  the  person  registered, 
or  upon  information  of  such  conviction  obtained  as  here- 
inafter  provided. 

5.  Upon  the  production  of  a  certified  copy  of  a  judg- 
ment directing  the  cancellation  to  be  made. 

6.  Upon  a  certificate  of  the  board  of  election  of  any 
precinct,  sent  up  with  the  election  returns,  stating  the 
death  or  removal,  within  their  own  knowledge,  of  the 
person  registered. 

7.  When  it  appears  by  the  returns  made  by  the  board 
and  clerlis  of  election  that  the  respective  party  did  not 
vote  during  the  next  preceding  two  years  at  any  general 
or  special  election. 

8.  The  clerk  shall  cancel  upon  the  great  register  every 
name  found  thereon  which  is  found  upon  the  register  of 
deaths,  provided  for  in  section  three  thousand  and  seven- 
ty-nine of  this  code. 

9.  Every  judge  before  whom  proceedings  were  had 
which  result  in  any  male  person  being  declared  incapable 
of  taking  care  of  himself  and  managing  his  property,  and 
for  whom  a  guardian  of  his  person  and  estate  is  accord- 
ingly appointed,  or  which  result  in  such  person  being  com- 
mitted to  a  state  insane  asylum  as  an  insane  person,  shall 
file  with  the  county  clerk  a  certificate  of  that  fact,  and 
thereupon  the  clerk  shall  cancel  the  name  of  such  person 
upon  the  great  register,  if  found  thereon. 

10.  The  county  clerk  shall  also,  the  first  week  of  Sep- 
tember, in  each  year,  examine  the  records  of  the  courts 
having  jurisdiction  in  cases  of  infamous  crimes,  and  the 
embezzlement  or  misappropriation  of  public  money  within 
his  county,  and  cancel  upon  the  great  register  the  names 
of  all  persons  appearing  thereon  who  shall  have  been 
convicted  of  an  infamous  crime,  or  of  the  embezzlement 
or  misappropriation  of  public  money  In  such  court,  and 
which  conviction  shall  have  been  arried  into  effect.  PJn. 
March  12,  1872.     Am'd.  1873-4,  16;   1880,  78. 

Subd.  9.  Guardian  an4  ward:  Civ.  Code,  sees.  236-258; 
Code  Civ.  Proc,  sees.  1747-1809. 

Committed  to  insane  asylum:  Civ.  Code,  sec.  258. 
Guardians  of  insane  and  incompetent  persons:  Code  Civ. 
Proc,  sees.  1763-1767. 


§§  1107-1112  REGISTRATION    OF    ELECTORS.  214 

§  1107.  Clerk  must  give  certificate  of  registration. 
Upon  the  application  of  the  party,  in  person  or  in  writing, 
the  clerk  must  give  him  or  his  agent  a  certified  copy  cf 
the  entries  upon  the  great  register  relating  to  such  party. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.  119,  619. 

§  1108.  Persona  refused  registration  may  proceed  by 
action.  If  the  clerk  refuses  to  enter  the  name  of  any 
qualified  elector  of  the  county  upon  the  great  register, 
such  elector  may  proceed  by  action  in  the -superior  court 
to  compel  such  entry.  En.  March  12,  1872.  Am'd.  1880, 
20;   1880,  79. 

Rules  governing  entry:     Ante,  sec.  1097. 

§  1109.  Action  to  have  registration  canceled.  Any  per- 
son may  proceed  by  action  in  the  superior  court  to  com- 
pel the  clerk  to  cancel  any  entry  made  on  the  great  reg- 
ister illegally,  or  that  ought  to  be  canceled  by  reason  of 
facts  that  have  occurred  subsequent  to  the  time  of  such 
entry,  but  if  the  person  whose  name  is  sought  to  be  can- 
celed be  not  a  party  to  the  action;  the  court  may  order 
him  to  be  made  a  party  defendant.  En.  March  12,  1872. 
Am'd.  1873-4,  17;  1880,  20;   1880,  79. 

Cal.  Rep.  Cit.  Ill,  7;  145,  342. 

When  entry  must  be  canceled:   Ante,  sec  1106. 

Parties  to  civil  actions:     Code  Civ.  Proc,  sees.  367-390. 

§  1110.  Parties  to  such  actions.  In  an  action  under 
the  authority  of  section  1108,  as  many  persons  may  join 
as  plaintiffs  as  have  causes  of  action.     En.  March  12,  1872. 

Joinder  of  plaintiffs  generally:  Code  Civ.  Proc,  sec. 
378. 

Uniting  causes  of  action  generally:  Code  Civ.  Proc, 
sec.  427. 

§  1111.  Same.  In  an  action  under  the  authority  of 
section  1109,  tlie  clerk  and  as  many  persons  as  there  are 
causes  of  action  against  may  be  joined  as  defendants. 
En.  March  12,  1872. 

Joining  all  parties  interested  aa  defendants,  in  general: 
Code  Civ.  Proc,  sees.  379,  382. 

§  1112.  Costs  not  to  be  recovered  against  clerk,  ex- 
cept.    Costs   cannot    be    recovered   against    the    clerk  in 


215  REGISTRATION   OF   ELECTORS.  §§  1113-1117 

any  action  under  the  authority  of  this  chapter,  unless  it 
is  alleged  in  the  complaint,  and  established  on  the  trial, 
that  the  clerk  knowingly  and  willfully  violated  a  plaiu 
duty^    En.  March  12,  1872. 

Costs  generally:     Code  Civ.  Proc,  sees.  1021-1039. 

§  1113.  Clerk  to  arrange  affidavits  of  registration. 
"Within  fifteen  days  after  the  last  day  of  registration,  the 
clerk  shall  arrange  the  affidavits  of  registration  for  each 
precinct  alphabetically  by  surnames,  and  number  the 
same,  beginning  with  one  in  each  case,  and  bind  the  same, 
or  cause  them  to  be  bound,  into  a  book  by  fastening  the 
left-hand  edges  together  with  a  staple,  wire,  thread,  or 
other  suitable  material;  he  shall  at  the  same  time  treat 
the  duplicate  affidavits  of  registration  in  +he  same  man- 
ner. En.  March  12,  1872.  Am'd.  1873-1,  17;  1877-8,  27; 
1880,  79;   1895,  231;   1899,  62. 

Cal.  Rep.  Cit.  94,  622;   136,  276;    145,  325. 

§  1114.  Names,  manner  of  arrangement.  (Repealed.) 
En.  March  12,  1872.  Am'd.  1873-4,  19;  1895,  231.  Rep. 
1899,  63. 

§  1115.  Clerk  to  prepare  Index.  Within  five  days  after 
the  binding  of  said  books,  the  clerk  shall  prepare  an  in- 
dex of  each  book,  said  index  to  contain  the  numbers, 
names,  ages,  occupations  and  addresses  as  they  appear 
in  said  books,  and  shall  have  at  least  one  hundred  cop- 
ies of  said  index  printed.  En.  March  12,  1872.  Am'd. 
1873-4,  19;   1875-6,  24;   1895,  231;   1899,  62;   1905,  241. 

Cal.  Rep.  Cit.  101,  318;   101,  319;  145,  325. 

§  1116.  Printed  copies,  how  distributed.  The  clerk 
must,  before  the  day  of  election,  transmit  and  cause  to  be 
delivered  to  the  board  of  election  in  each  precinct,  one 
of  such  books  of  affidavits  of  registration  for  their  re- 
spective precinct,  which  shall  constitute  the  register  to  be 
used  at  such  election;  he  shall  also  caiise  to  be  delivered 
at  the  same  time  five  copies  of  the  index  to  said  book. 
En.  March  12,  1872.  Am'd.  1873-4,  20;  1875-6,  25;  1895, 
232;   1899,  62. 

Cal.  Rep.  Cit.  101,  319;  145,  325;  145,  343. 

§  1117.  Certified  copy  prima  facie  evidence.  A  certi- 
fied copy  of  an  uncanceled  entry  upon  the  great  register 
is  prima  facie  evidence  that  the  person  named  in  the  en- 


§§  1118,  1119  REGISTRATION   OF  ELECTORS.  216 

try  is  an  elector  of  the  county.    En.    March    12,    1872. 
Am'd.  1873-4,  20. 

Prima  facie  evidence  defined:  Code  Civ.  Proc,  sec. 
1833. 

§  1118.  Primary  elections.  The  qualifications  and  reg- 
istration of  voters  at  primary  elections  shall  be  subject  to 
the  same  tests  and  governed  by  the  same  lules  and  regu- 
lations as  are  in  the  constitution  and  PoMtical  Code  of 
this  state  established  and  prescribed  for  other  elections; 
and  the  same  officers  who  prepare  and  furnish  registers 
for  general  elections,  as  provided  for  in  this  code,  shall 
prepare  and  furnish  them  for  use  at  primary  elections. 
It  shall  be  the  duty  of  the  proper  officers  to  furnish  the 
register,  and  supplements  thereto,  for  use  at  primary  elec- 
tions which  shall  show  the  names  of  all  voters  entitled  to 
vote  at  such  elections;  provided,  that  where  a  new  reg- 
istration pursuant  to  law  is  not  completed  in  point  of 
time  sufficient  to  permit  of  its  use  at  the  next  ensuing 
primary  election,  then  the  register  used  at  the  last  gen- 
eral election  in  any  county,  or  city  and  county,  in  this 
state,  may  be  used  at  any  primary  election,  together  with 
supplemental  registers  or  additions  showing  all  additional 
registrations,  changes  and  corrections  made  since  the  last 
general  registration.    En.  Stats.  1899,  31. 

§  1119.  Primary  elections.  All  persons  entitled  to  reg- 
ister or  vote  at  any  primary  election  in  any  city,  county, 
or  city  and  county,  whose  names  are  not  upon  the  register, 
or  who  may  be  entitled  to  transfer  their  registration,  shall 
•be  entitled  to  be  registered  or  transferred  so  as  to  enable 
them  to  vote  at  such  primary  election,  and  for  that  pur 
pose  it  shall  be  the  duty  of  the  officer  charged  with  the 
registration  of  voters  in  each  county,  or  city  and  county, 
to  keep  his  office  open  for  at  least  fifty  days  prior  to  the 
fifteen  days  immediately  preceding  such  primary  election. 
En.  Stats.  1899,  32. 

Cal.  Rep.  Cit.  80,  541. 


217  ELECTION    PRECINCTS.  §§  1127-llJO 

CHAPTER   IV. 

ELECTION    PRECINCTS. 

§  1127.  Supervisors   to    establish    election   precincts. 

§  112S.  Boundarie.s    must    be    defined. 

§  1129.  Board    may   alter,    etc.,    precincts. 

§  1130.  Limitations    on    powers   given   herein. 

§  1131.  Board    to   designate   place    in    precinct   for  holding   election. 

§  1132.  Proceedings   where   place   not   designated,   etc. 

§  1127.  Supervisors  to  establish  election  precincts. 
The  board  of  supervisors  or  other  board  having  charge 
and  control  of  elections  in  each  of  the  counties,  and  cities 
and  counties,  of  this  state,  shall,  as  soon  before  a  general 
election  as  is  convenient,  proceed  to  divide  such  county  or 
city  and  county  into  election  precincts,  of  which  there  shall 
be  as  many  as  shall  be  sufficient  to  make  the  number  of 
votes  polled  at  any  one  election  precinct  to  be  not  more 
than  two  hundred,  as  nearly  as  can  be  ascertained.  En. 
March   12,  1872.     Am'd.   1887,  234;   1889,  424. 

Cal.  Rep.  Cit.     126,  394. 

§  1128.  Boundaries  must  be  defined.  In  the  order 
establishing  precincts,  the  boundaries  thereof  must  be  de- 
fined.    En.  March  12,  1872. 

§  1129.  Board  may  alter,  etc.,  precincts.  The  board 
of  supervisors  or  other  board  having  charge  and  control 
of  elections  in  each  of  the  counties  and  cities  and  coun- 
ties, of  the  state,  may  from  time  to  time  change  the 
boundaries  of,  create  new,  or  consolidate  established  pre- 
cincts; provided,  that  there  shall  always  be  as  many  pre- 
cincts as  shall  be  sufficient  to  make  the  number  of  votes 
polled  at  any  one  precinct  to  be  not  more  than  two  hun- 
dred as  nearly  as  can  be  ascertained.  En.  March  12,  1872. 
Am'd.  1889,  424. 

Cal.  Rep.  Cit.     12G,  396;  126,  397;  133,  345. 

§  1130.  Limitations  on  powers  given  herein.  The  fol- 
lowing limitations  are  imposed  upon  the  powers  given 
the  supervisors  in  this  chapter: 

1.  No  precinct  must  be  established  so  as  to  embrace 
more  than  one  township,  nor  in  such  manner  that  its  ex- 
terior limits  cross  the  exterior  boundaries  of  any  town- 
ship, incorporated  town  or  city,  or  any  ward,  district,  or 
other  territorial  subdivision  for  which  local  officers  are  to 

8 


§§  1131-1132  ELECTION    PRECINCTS.  218 

be  elected,  except  a  school  or  road  district.    En.  March 
12,  1872.    Am'd.  1880,  80;  1899,  62. 
Cal.  Rep.  Cit.    103,  502. 

§  1131.  Board  to  designate  place  in  precinct  for  liold- 
ing  election.  The  board  of  supervisors,  or  other  board 
having  charge  and  control  of  elections  in  each  of  the 
counties,  and  cities  and  counties,  of  the  state,  must,  at 
least  twenty-five  days  prior  to  an  election,  issue  its  order 
appointing  boards  of  election,  designating  the  house  or 
place  within  the  precinct  where  the  election  must  be  held, 
and  the  offices  to  be  filed,  naming  and  numbering  in  nu- 
merical order,  commencing  with  number  one,  the  offices 
to  be  filled,  unexpired  terms  being  designated  next  after 
the  full  term;  but  in  no  event  shall  any  place  be  selected 
for  holding  an  election  that  is  in  a  saloon  or  other  room 
or  place  where  vinous,  spirituous,  or  malt  liquors  are  sold 
or  dispensed,  nor  shall  any  place  be  selected  for  such  pur- 
pose that  is  connected  with  a  saloon  or  other  room  or 
place  where  vinous,  spirituous,  or  malt  liquors  are  sold 
or  dispensed  by  any  door,  window,  or  other  opening.  En. 
March  12,  1872.     Am'd.  1873-4,  21;    1889,  424;   1899,  133. 

Cal.  Rep.  Cit.    86,  67. 

Election  proclamations. — Time  and  place  of  holding 
elections  are  of  the  substance  of  the  election:  Ante,  sec. 
1053. 

§  1132.  Proceedings  wliere  place  not  designated,  etc. 
If  the  board  fail  to  designate  the  house  or  place  for  hold- 
ing the  election  in  any  precinct,  or,  if  for  any  reason,  it 
cannot  be  held  at  the  house  or  place  designated  by  the 
board,  the  justice  of  the  peace  residing  in  the  township 
in  which  such  precinct  is  situated  must,  by  an  order  un- 
der his  hand  (copies  of  which  he  must  at  once  post  in 
three  public  places  in  the  precinct),  designate  the  house 
or  place,  within  the  precinct.  In  case  of  the  absence  of 
the  justice  of  the  peace,  or  of  his  disability  or  refusal  to 
perform  the  duties  herein  imposed,  then  a  majority  of  the 
judges  and  inspectors  of  election  for  said  precinc'  shall 
designate  the  place,  within  the  precinct,  for  holding  the 
election,  and  post  the  notices  required  by  this  sec- 
tion; provided,  that  in  cities  or  cities  and  counties  which 
are  not  divided  Into  townships  for  judicial  purposes, 
a    majority    of    the    justices    of    the    peace    residing    in 


219  ,  BOARDS  OF   ELECTION.  §  1142 

such  city  or  city  and  county,  shall  discharge  the  duties 
imposed  by  this  section.  En.  March  12,  1872.  Am'd.  1873- 
4,  21;  1903,  18. 


CHAPTER  V. 

BOARDS    OF    ELECTION. 

§  1142.  Boards   of   election,    how   appointed. 

§  1143.  Judges   not    to   be   of   same    political   party. 

§  1144.  Proceedings   on    failure   to   appoint   or  attend. 

§  114ri.  Powers    of    Inspectors. 

§  1146.  Judges   and   clerks   may   administer  oaths. 

§  1147.  Clerks.     (Repealed.) 

§  1148.  Board    and    clerks    to   be    sworn. 

§  1149.  Board   to  post  copies  of   precinct  register. 

§  1150.  Copies   not    to   be   torn   or   defaced. 

§  1142.  Boards  of  election,  how  appointed.  When  an 
election  Is  ordered,  the  board  of  supervisors,  or  other 
board  having  charge  and  control  of  elections  in  each  of 
the  counties,  and  cities  and  counties,  of  the  state  must 
appoint  oflacers  of  election  board  from  the  registered  elec- 
tors of  each  precinct  whose  names  appear  upon  the  last 
assessment  roll  of  the  county  or  city  and  county  to  serve 
as  election  officers  only  in  the  election  precinct  in  which 
they  are  registered  and  actually  reside  to  constitute  the 
election  board  for  such  precinct,  which  shall  consist  of 
two  inspectors,  two  judges,  and  two  clerks;  the  inspectors, 
judges  and  clerks  to  be  apportioned  equally  between 
the  two  political  parties  which,  respectively,  cast  the 
highest  and  next  highest  number  of  votes  for  governor 
at  the  last  general  election;  the  inspectors  and  judges 
so  appointed  shall  constitute  a  board  of  election  for  such 
precinct.  And  such  board  of  supervisors  or  other  board 
having  charge  of  elections  must  publish  the  names  of 
such  electors  who  constitute  the  board  of  elections  for 
each  election  precinct,  in  some  newspaper  published  in 
the  county  or  city  and  county  where  the  election  is  to  be 
held  for  five  successive  days  at  least  once  a  week  before  the 
day  such  election  is  to  be  held;  or  in  a  weekly  paper  pub- 
lished in  the  county,  for  two  successive  weeks  prior  to 
the  election.  Such  board  of  election  shall  canvass  the 
votes  for  such  precinct,  and  must  be  present  at  the  clos- 
ing of  the  polls.  The  members  of  said  board  shall  re- 
lieve each  other  in  the  duties  of  canvassing  the  ballots, 
which  may  be  conducted  by  at  least  half  of  the  whole 
number;    but   the  final   certificate  shall    be   signed    by   a 


§§  1143-1146  BOARDS    OF    ELECTION.  220 

majority  of  the  whole.  No  person  shall  be  eligible  to 
act  as  an  officer  of  election  at  any  precinct  who  has  been 
employed  in  any  official  capacity  in  the  county,  or  city 
and  county,  in  the  slate,  within  ninety  days  next  preced- 
ing any  election.  No  person  shall  be  eligible  to  act  as  a 
member  of  any  election  board,  or  as  a  clerk  upon  such 
board,  who  cannot  read  and  write  the  English  language. 
Any  person  acting  as  a  member  of  any  election  board, 
or  as  a  clerk  upon  such  board,  who  cannot  read  and 
write  the  English  language,  and  any  person  who  re- 
fuses to  act  upon  such  board,  or  as  a  clerk  thereof,  after 
proper  notification  of  his  appointment,  who  is  otherwise 
eligible,  unless  good  and  sufficient  cause  for  such  refusal 
is  shown  to  the  election  board  or  to  the  board  of  super- 
visors, shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  subject  to  a  fine  of  five  hundred  dollars, 
and  upon  failure  to  pay  said  fine  shall  be  imprisoned 
in  the  county  jail  of  such  county,  or  city  and  county,  for 
the  period  of  one  day  for  each  one  dollar  of  said  fine.  En. 
March  12,  1872.  Am'd.  1873-4,  21;  1889,  425;  1895,  298; 
1899,  85;  1903,  133. 
Cal.  Rep.  Cit.  86,  65;  86,  66;  86,  67;  86,  68;  86,  69;  116, 
290. 

§  1143.  Judges  not  to  be  of  same  political  party.  The 
judges  appointed  must  not  be  members  of  the  same  poli- 
tical party.     En.  March  12,  1872. 

§  1144.  Proceedings  on  failure  to  appoint  or  attend. 
If  the  board  of  supervisors  fail  to  appoint  the  board  of 
election,  or  the  members  appointed  do  -not  attend  at 
the  opening  of  the  polls  on  the  morning  of  the  election, 
the  electors  of  the  precinct  present  at  that  hour  may  ap- 
point the  board,  or  supply  the  place  of  an  absent  member 
thereof.     En.  March  12,  1872.     Am'd.  1873-4,  22. 

§  1145.     Powers     of     inspectors.     The      inspector      may 

1.  Administer  all  oaths  required  in  the  progress  of  an 
election. 

2.  Appoint  judges  and  clerks  if,  during  the  progress  of  an 
election,  any  judge  or  clerk  ceases  to  act.  En.  March  12, 
1872.     Am'd.  1889,  425. 

§  1146.  Judges  and  clerks  may  administer  oaths.  Any 
member  of  the  board,  or  either  clerk  thereof,  may  admin- 


221  OPENING   AND   CLOSING   OP   POLLS.  §§  1147-llCl 

Ister  and  certify  oaths  required  to  be  administered  during 
progress  of  an  election.    En.  March  12,  1872. 

§  1147.  Clerks.  (Repealed.)  En.  March  12.  1872. 
Am'd.  1880,  80.     Rep.  1889,  425. 

§  1148.  Board  and  clerks  to  be  sworn.  Before  opening 
the  polls,  each  member  of  the  board  and  each  clerk  must 
take  and  subscribe  an  oath  to  faithfully  perform  the 
duties  imposed  upon  them  by  law.  Any  elector  of  the 
township  may  administer  and  certify  such  oath.  En. 
March  12,  1872. 

§  1149.  Board  to  post  copies  of  precinct  register.  Be- 
fore opening  polls,  the  board  must  post,  in  some  separate, 
convenient  places,  easy  of  access,  not  less  than  four  printed 
copies  of  the  precinct  registers,  as  last  printed.  En.  March 
12,  1872.     Am'd.  1873-4,  22;   1905,  195. 

§  1150.  Copies  not  to  be  torn  or  defaced.  The  copies 
so  posted  must  be  maintained  during  the  whole  time  of 
voting,  and  must  not  in  any  manner  be  torn  or  defaced. 
En.  March  12,  1872. 


CHAPTER  VI. 

OPENING    AND    CLOSING   OP    THE    POLLS. 

§  1160.  Time   oS   opening    and    closing   the   polls. 

§  1161.  Recess.     (Repealed.) 

§  1162.  Ballot-box    to    be    exhibited. 

§  1163.  Proclamation    at   opening   the   polls. 

§  1164.  Proclamation    at    closing    the    polls. 

§  1160.  Time  of  opening  and  closing  the  polls.  The 
polls  must  be  opened  at  six  o'clock  of  the  morning  of  the 
day  of  election,  and  must  be  kept  open  until  five  o'clock 
in  the  afternoon  of  the  same  day,  when  the  polls  shall 
be  closed.  En.  March  12,  1872.  Am'd.  1873-4,  22;  1875-6, 
25;  1887,  149;  1889,  425;   1899,  134. 

Cal.  Rep.  Cit.     52,  73;  52,  621;  108,  111;  121.  480;  135,  454. 

§  1161.  Recess.  (Repealed.)  En.  March  12,  1872. 
Rep.  1873-4.  23. 


§§  1162-1174  POLL  LISTS.  222 

§  1162.  Ballot-box  to  be  exhibited.  Before  receiving 
any  ballots  the  board  must,  in  the  presence  of  any  per- 
sons assembled  at  the  polling  place,  open  and  exhibit  and 
close  the  ballot-box;  and  thereafter  it  must  not  be  re- 
moved from  the  polling  place  or  presence  of  the  bystanders 
until  all  the  ballots  are  counted,  nor  must  it  be  opened 
until  after  the  polls  are  finally  closed.  En,  March  12, 
1872, 

Cal.  Rep.  Cit.     108,  111. 

§  1163.  Proclamation  at  opening  the  polls.  Before  the 
board  receive  any  ballots,  they  must  cause  it  to  be  pro- 
claimed aloud  at  the  place  of  election  that  the  polls  are 
open.    En.  March  12,  1872. 

§  1164.  Proclamation  at  closing  the  polls.  When  the 
polls  are  closed,  that  fact  must  be  proclaimed  aloud  at 
the  place  of  election;  and  after  such  proclamation,  no  bal- 
lots must  be  received;  provided, .that  all  electors,  who  are 
within  the  election  booth  and  who  have  not  cast  their 
ballot,  shall  be  entitled  to  receive,  mark  and  deposit  their 
ballot.    En.  March  12,  1872.     Am'd.  1899,  134. 


CHAPTER  VII. 

POLL    LISTS. 

§  1174.     Form    of   poll    and   tally   lists. 
§  1175.    Want   of   form   not   to   vitiate. 

§  1174.  Form  of  poll  and  tally  lists.  The  following  is 
the  form  of  poll  lists  and  tally  lists  to  be  kept  by  boards 
and  clerks  of  election.  En,  March  12,  1872.  Am'd,  1873-4, 
23. 

POLL  LISTS. 

Of  the  election  held  in  the    precinct  of  ,  In    the 

county  of  ,  on  the day  of ,  in  the   year 

A.  D.  one  thousand  eight  hundred  and ,     A.  B.,  C.  D,, 

and  E.  F.,  judges,  and  G.  H.  and  J.  K..  clerks  of  said 
election,  were  respectively  sworn  (or  affirmed),  as  the 
law  directs,  previous  to  their  entering  on  the  duties  of 
their  respective  offices. 


223  POLL,   LISTS.  5  1175 

NUMBEE  AND  NAME  OF  ELECTOES  VOTING. 


No. 

Name. 

No. 

Name. 

1 
2 

A.  B. 
C.  D. 

3 

4 

E.  F. 
G.  H. 

We  hereby  certify  that  the  numbers  of  electors  voting  at 

this  election  amounts  to . 

Attest: 

G.  H.,  A.  B., 

J.  K.,  C.  D., 

Clerks.  •  E.  F., 

Board  of  election. 

TALLY  LISTS. 

Names  of  persons  voted  for,   and  for  what  office,   con- 
taining the  number  of  votes  given  for  each  candidate: 


Representative 

in 

Congress. 

Members  of 

the  Legislature. 

Governor. 

Senate. 

Assembly. 

We  hereby  certify  that  A.  B.  had  votes  for  gov- 
ernor, and  C.  D.  had votes  for  governor;  that  E.  F. 

had  votes  for  representative  in  congress,  etc. 

G.  H.,  A.  B., 

J.  K.,  C.  D., 

Clerks.  E.  F., 

Board  of  election. 

§  1175.  Want  of  form  not  to  vitiate.  No  list,  tally, 
paper,  or  certificate  returned  from  any  election,  must  be 
set  aside  or  rejected  for  want  of  form,  nor  on  account  of 


§  U85  ELECTION    TICKETS    AND    BALLOTS.  224 

its   not  being   strictly   in   accordance   with    the   directions 
of  this   title,   if  it  can   be  satisfactorily  understood.     En. 
March  12,  1872. 
Cal.  Rep.  Cit.     77,  182. 


CHAPTER  VIII. 

ELECTION    TICKETS    AND    BALLOTS. 

§  1185.  Printing    of    ballots. 

§  1186.  Nomination   of  candidates. 

§  1187.  Nominations,    certifying   of. 

§  11S8.  Nominations   other   than    by   conventions. 

§  1189.  Certificates    of    nomination,    filing   of. 

§  1190.  Nominations,    limitation    upon. 

§  1191.  Certificates    of    nomination,    preservation    of. 

§  1192.  Certificates   of   nomination,    time   of   filing— Vacancies. 

§  1193.  Certifying    names    of    candidates. 

§  1194.  Nominations    sent    to    county    eommlttees— Sample    ballots. 

§  1195.  Constitutional    amendments,    how    submitted. 

§  1196.  Providing   ballots. 

I  1197.  Ballot   law. 

§  1198.  Books   and    records   of   ballots. 

I  1199.  Number  of  ballots 

§  1200.  Error   or   omission   in   name  of  can'didate. 

I  1201.  Delivering    ballots. 

§  1202.  Ballot  clerks. 

§  120".  Ballot  boxes — Booths   for   voters. 

§  1204.  Manner   of  voting. 

§  1205.  Idem. 

§  1206.  Occupancy    of    booths. 

g   1207.  Spoiled   or  unused   ballots. 

§  1208.  Illiterate   or   helpless   voters. 

§  12119.  Removal    of    slip    from    ballot. 

§  1210.  Sample    ballots. 

§  1211.  Canvassing   of   votes — Marked   or   spoiled    ballots. 

§  1212.  Time    for    voting. 

§  1213.  Certificate    of    nomination,    destruction    of   or   false    making   of. 

§  1214.  Destruction    of    supplies. 

§  1213.  Disclosing    name    of    candivlate — Electioneering,    etc. 

§  1216.  Registrar    of    voters. 

§  1185.  Printing  of  ballots.  All  ballots  cast  in  elections 
for  public  officers  within  this  state  shall  be  printed  and 
distributed  at  public  expense,  as  hereinafter  provided. 
The  printing  of  general  tickets  and  cards  of  instruction 
to  electors  of  each  county,  and  the  delivery  of  the  same 
to  the  election  officers,  shall  be  a  county  charge,  the 
payment  of  which  shall  be  provided  for  in  the  same  man- 
ner as  the  payment  of  other  county  expenses;  and  the 
printing  and  delivering  of  "municipal  tickets,"  and  also 
in  case  of  separate  elections  for  city,  city  and  county, 
or  town  officers,  the  printing  and  delivering  of  cards  of 
instruction,  .shall  be  a  charge  upon  the  respective  city, 
city  and  county,  or  town  in  which  such  "municipal  tickets" 


225  ELECTION    TICKETS    AND    BALLOTS.  §  U88 

and  cards  of  instruction  are  to  be  used,  the  payment  of 
which  shall  be  provided  for  in  the  same   manner  as  the 
payment  of  other  city,  city  and  county,  or  town  expenses. 
En.  March  12,  1872.     Am'd.  1891,  165. 
Cal.  Rep.  Cit.     122,  191. 

§  1186.  Nomination  of  candidates.  Any  convention  as 
hereinafter  defined  may  make  nominations  of  candidates 
for  public  oflace,  including  electors  of  president  and  vice- 
president  of  the  United  States,  to  be  filled  by  election 
within  the  state.  A  convention  within  the  meaning  of  this 
chapter  is  an  organized  assemblage  of  delegates  represent- 
ing a  political  party  or  organization.  If  such  convention 
be  assembled  to  present  candidates  for  public  office  to 
be  elected  within  territory  or  political  division  in  the 
whole  of  which  the  provisions  of  sections  thirteen  hun- 
dred and  fifty-seven  to  thirteen  hundred  and  seventy-five, 
both  inclusive,  of  this  code  are  mandatory  or  were  in 
force  and  effect  at.  the  time  of  the  election  of  delegates 
thereto,  then  and  in  such  event  all  the  delegates  acting 
therein  must  have  been  chosen  at  a  primary  election 
held  under  the  provisions  of  said  sections  of  this  code. 
If  such  convention  be  assembled  to  present  candidates 
for  public  office  to  be  elected  within  territory  in  a  portion 
of  which  the  said  sections  of  this  code  are  mandatory 
or  in  force  and  effect,  and  in  a  portion  of  which  said  sec- 
tions are  not  in  force  or  effect,  then  and  in  such  event,  the 
'delegates  acting  in  such  convention  representing  therein 
territory  or  a  political  division  where  such  said  sections 
are  in  force  and  effect,  must  have  been  chosen  at  a  primary 
election  held  under  the  provisions  thereof.  If  such  con- 
vention be  assembled  to  present  candidates  for  public 
office  to  be  elected  within  territory  or  a  political  division 
in  no  portion  of  which  said  sections  of  this  code  are  man- 
datory or  in  force  and  effect,  then  and  in  such  event  the 
political  party  which  such  organized  assemblage  of  dele- 
gates represents,  must  have  at  the  last  election  before  the 
holding  of  such  convention  polled  at  least  three  per  cent 
of  the  entire  vote  of  the  state,  or  of  the  county,  city  and 
county,  district  or  other  political  division  for  which  nomi- 
nations are  to  be  made;  provided,  that  in  any  political 
division  of  this  state  wherein  no  general  election  shall 
have  been  held  after  its  organization,  a  convention  as 
last  above  referred  to,  of  any  political  party  polling  at 
least  three  per  cent  of  the  votes  cast  in  the  precincts 
composing  said  political  division,  shall  have  the  same 
power,   and   its   nominations   the   same  effect,  as   though 

Pol.  CaJe— 15 


§  1187  ELECTION   TICKETS   AND    BALLOTS.  226 

such  political  division  had  been  organized  before  the 
next  preceding  general  election.  Any  convention  as  here- 
in defined  may,  in  addition  to  making  nominations  of 
candidates  for  public  office,  appoint  or  elect  a  governing 
committee  for  the  political  party  which  the  delegates  in 
such  convention  represent,  for  the  territory  which  is 
thus  represented,  which  committee  shall  serve  for  the 
next  ensuing  two  years,  and  until  the  next  biennial  con- 
vention of  the  party  which  it  represents  has  organized, 
but  no  longer;  provided,  that  in  years  when  a  state  con- 
vention assembles  to  select  delegates  to  a  national  con- 
vention to  nominate  a  candidate  for  president  and  for 
vice-president  of  the  United  States,  such  state  convention 
shall  have  the  power  to  choose  a  committee  or  governing 
body  to  represent  the  party  in  the  territory  which  such 
convention  represents,  which  committee  or  governing 
body  shall  hold  and  exercise  its  power  until  the  next 
state  convention  to  nominate  a  governor  and  other  state 
officers  shall  assemble  and  select  its  successors.  When- 
ever there  shall  be  in  any  political  subdivision  of  the  state 
more  than  one  body  claiming  to  represent  a  certain 
political  party  or  organization  in  such  territory,  if  such 
political  party  have  a  state  committee,  such  state  com- 
mittee, or  its  executive  committee,  if  it  have  one,  and 
has  delegated  such  power  to  it,  may  determine  which  of 
such  bodies  represents  such  political  party  in  such  ter- 
ritory, and  such  decision  shall  be  final  and  all  officers  shall 
be  bound  thereby.  The  decision  shall  be  in  writing,  and 
shall  name  the  chairman  and  secretary  of  the  political 
committee  for  such  political  subdivision  which  it  recog- 
nizes, and  shall  be  attested  by  the  secretary  of  the  com- 
mittee making  the  decision,  and  a  duplicate  must  be 
filed  with  the  election  commissioners  of  such  political  sub- 
division or  its  clerk,  secretary,  or  registrar  of  voters. 
En.  March  12,  1872.  Am'd.  1891,  165;  1899,  58;  1901,  590. 
Cal.  Rep.  Cit.     96,  372;   114,  486;   145,  156;   147,  375. 

§  1187.  Nominations,  certifying  of.  All  nominations 
made  by  any  such  convention  shall  be  certified  as  follows: 
The  certificate  of  nomination  must  be  in  writing  and  shall 
contain  the  name  of  each  person  nominated,  his  residence 
and  the  office  for  which  he  is  nominated,  and  shall  desig- 
nate the  party  or  principal  which  such  convention  rep- 
resents. It  shall  be  signed  by  the  chairman  and  secretary 
of  such  convention,  who  shall  add  to  their  signatures 
their  respective  places  of  residence,  and  make  oath  before 
an  officer  authorized  to  administer  the  same  that  the  matter 


227  ELECTION    TICKETS    AND    BALLOTS.  8  1187 

stated  in  such  certificate  is  true  to  the  best  of  their  know]^ 
edge  and  belief,  and  a  certificate  of  the  oath  shall  be  an- 
nexed to  the  certificate  of  nomination.  The  nominees  may 
all  be  nominated  by  one  certificate  or  by  separate  cer- 
tificates, and  where  nominees  of  a  district,  or  supervis- 
oral  convention  are  reported  to  a  state  or  local  conven- 
tion in  which  the  delegates  to  such  district  or  supervis- 
oral  conventions  form  a  portion  of  the  delegates  com- 
posing such  state  or  local  convention,  all  such  nominees 
may  be  included  in  one  certificate  of  uomiation  with  the 
nominees  of  such  state  or  local  convention,  it  being 
specified  for  what  districts  such  district  nominations 
are  made,  and  all  such  nominations  may  be  certified  as 
above  by  the  chairman  and  secretary  of  the  state  or  local 
convention.  If  the  chairman  and  secretary  of  any  con- 
vention shall  not  deposit  with  the  secretary  of  the  politi- 
cal party  committee  representing  the  party  in  the  terri- 
tory for  which  such  convention  was  held,  the  proper  cer- 
tificate or  certificates  of  nomination  of  the  nominees  of 
such  convention  verified  as  herein  required  in  due  form 
for  filing,  on  or  before  the  fifth  day  preceding  the  latest 
day  provided  by  law  for  filing  such  certificate  or  certificates 
of  nomination,  then  such  certificate  or  certificates  of  nom- 
ination may  be  made  and  verified  by  the  chairman  and  sec- 
retary of  the  political  party  which  such  convention  repre- 
sented, acting  in  and  for  the  territory  which  such  con- 
vention represented,  in  the  manner  and  form  hereinbefore 
provided,  and  upon  an  indorsement  being  made  upon  such 
certificate  or  certificates  of  nomination  last  mentioned 
by  the  secretary  of  such  committee,  to  the  effect  that  the 
chairman  and  secretary  of  the  proper  convention  did  not 
deposit  with  said  secretary  a  certificate  or  certificates 
of  nomination  as  required  by  this  section,  the  secretary 
of  state,  clerk,  registrar  of  voters,  or  proper  officer  with 
whom  such  certificate  or  certificates  are  required  by  law 
to  be  filed,  must  receive  and  file  such  certificate  or  cer- 
tificates so  made  by  the  chairman  and  secretary  of  such 
committee,  and  the  same  shall  have  the  *same  force  and 
effect  as  if  made  by  the  chairman  and  secretary  of  such 
convention;  provided,  such  chairman  and  secretary  may 
themselves  file  or  cause  to  be  filed  such  certificate  within 
the  time  allowed  by  law;  and  the  same,  when  so  filed,  if 
legal  in  form  and  substance,  shall  be  the  only  lawful  cer- 
tificate of  such  nominations  made  by  such  convention. 
The   verified   certificate   of   nominations   made   by   a   state 


§  1187  ELECTION    TICKETS   AND    BALLOTS.  SM 

convention  and  the  districts  thereof,  when  made  pursuant 
to  this  section  by  such  officers  of  such  respective  political 
committees,  shall  be  in  form  substantially  as  follows: 

If  a  statement  of  the  nominations  made  by  a  state  con- 
vention 3nd  the  district  conventions  thereof: 

To  the  Secretary  of  State   (or  other  proper  officer) : 

The  undersigned,  the  chairman  and  secretary,  respec- 
tively, of  the  (giving  the  party  designation)  state  commit- 
tee of  California,  hereby  certify  that  at  a  meeting  of  the 
(giving   the   party   designation)    state   convention,   held   at 

the  city  of  on  the  days  of  ,  nineteen 

hundred  and  ,  the  following  nominations  of  candi- 
dates for  public  offices  to  be  voted  for  at  the  next  ensuing 
general  election  were  duly  and  regularly  made  by  said 
state  convention  and  the  district  convention  thereof: 

Office.  Name    of    Nominee.  Residence. 

For  Governor.  

(Etc.) 

For  members  of  the 
House  of  Representa- 
tives— 

First  District  

(Etc.) 

For  Members  of  State 
Board  of  Equaliza- 
tion— 

First  District.  

(Etc.) 

For     Railroad     Commis- 
sioners— 

First  District.  

(Etc.) 

For    Members    of    State 
Senate — 

Second  District.  

Fourth    District.  

(Etc.) 


229  ELECTION    TICKETS    AND    BALLOTS.  §  11S7 

Ortice.  Name  of  Nominee.  Residence. 

For    Members    of    State 
Assembly — 

First   District.  

Second  District.  

Chairman    (insert  name  of   party) 

State  Committee  of  California. 

Secretary   (insert  name  of  party) 

State  Committee  of  California. 

Subscribed   and  sworn   to   before  me  this  day  of 

,  nineteen  hundred  and  . 

(Seal.)  , 

Notary  Public. 

If  a  statement  of  the  nominations  made  by  a  county  con- 
vention and  the  district  conventions  thereof: 
To  the  Secretary  of  State: 

(or) 
To  the  County  Clerk  (or  other  proper  officer)  of  : 

The  undersigned,  the    chairman    and    secretary,    respec- 
tively, of  the  (insert  name  of  party)   county  committee  of 

the  county    (or   city  and  county)    of  hereby   certify 

that  at  a  meeting  of  the  (insert  name  of  party)  county  con- 
vention of  said  county    (or  city  and  county)    held  on   the 

days  of  ,   nineteen   hundred  and  ,   the 

following  nominations  of  candidates  for  public  offices  to 
be  voted  for  at  the  next  ensuing  general  election  therein 
were  duly  and  regularly  made  by  said  county  convention 
and  the  district  conventions  thereof: 

Office.  Name  of  Nominee.  Residence. 


Chairman    (insert  name  of   party) 
County  Committee  of  


Secretary   (insert  name  of  party) 
County  Committee  of  


Subscribed  and  sworn  to  before  me  this  day  of 

,  nineteen  hundred  and  , 


(Seal.) 

Notary  Public. 


§  1188  ELECTION    TICKETS   AND    BALLOTS.  V81 

If  a  statement  of  the  nominations  made  by  a  local   (or 
municipal)  convention  and  the  district  conventions  thereof: 

To  the  County  Clerk  (or  other  proper  officer)  of  : 


The  undersigned,  the  chairman  and  secretary,  respec- 
tively, of  the  (insert  name  of  party,  county  or  local)  com- 
mittee of  the   (city  and  county,  city  or  town)  of  

hereby  certify  that  at  a  meeting  of  the  (insert  name  of 
party,   local   or  municipal)    convention   of   said    (city    and 

county,  city  or  town),  held  on  the  days  of  , 

nineteen   hundred   and  ,    the   following   nominations 

of  candidates  for  public  offices  to  be  voted  for  at  the  next 
ensuing  local  (or  municipal)  election  held  therein,  were 
duly  and  regularly  made  by  said  local  (or  municipal)  con- 
vention and  the  district  conventions  thereof: 

Office  Name  of  Nominee.  Residence 


Chairman  (insert  name  of  party, 
county  or  local)  Committee  of 


Secretary   (insert  name  of  party, 
county  or  local)  Committee  of  


.Subscribed  and  sworn  to  before  me  this  day  of 

,   nineteen  hundred  and  . 


(Seal.)  

Notary  Public. 

If  the  certificates  of  nomination  are  made  by  the  chair- 
man and  secretary  of  any  such  convention  they  shall  be  in 
substantially  the  same  form  as  the  foregoing,  signed  and 
verified  by  the  chairman  and  secretary  of  the  convention 
instead  of  such  officers  of  such  political  committees.  En. 
March  12,  1872.     Am'd.   x6dl,  166;    1901,  591. 

Cal.  Rep.  Cit.     96,  372;   114,  486. 

§  1188.  Nominations  other  than  by  conventions.  A  can- 
didate for  public  office  may  be  nominated,  otherwise  than 
by  a  convention,  in  the  manner  following:  A  certificate 
of  nomination  containing  the  name  of  the  candidate  to  be 
nominated,  with  the  other  information  required  to  be  given 
In  the  certificates  provided  for  in  section  eleven  hundred 
and  eighty-seven  of  this  code,  shall  be  signed  by  electors 


231  ELECTION  TICKETS  AND  BALLOTS.  S  1189 

residing  within  the  district,  or  political  division  for  which 
candidates  are  to  be  presented,  equal  in  number  to  at 
least  three  per  cent  of  the  entire  vote  cast  at  the  last 
preceding  election  in  the  state,  district,  or  political  division 
for  which  the  nomination  is  to  be  made.  Said  petitioners 
may  also  designate  any  number  of  persons,  not  less  than 
seven  nor  more  than  twenty-five,  each  and  all  of  whom 
shall  be  signers  to  said  petition  to  constitute  a  committee 
representing  the  signers  of  said  certificate,  collectively, 
as  a  political  party  by  any  name  selected  and  adopted 
by  them  in  said  certificate  of  nomination;  provided,  said 
name  is  not  the  same  or  so  similar  to  that  of  any  existing 
party  as  to  mislead  voters.  The  said  committee  so  desig- 
nated shall  constitute  the  governing  body  or  committee  of 
said  party.  Said  signatures  need  not  be  appended  to  one 
paper,  but  each  signer  shall  add  to  his  signature  his  place 
of  residence,  giving  street  and  number,  where  such  desig- 
nation by  street  and  number  can  be  given.  One  of  the 
signers  of  each  such  paper  shall  swear  that  the  statements 
therein  made  are  true,  and  that  each  signature  to  such 
paper  appended  is  the  genuine  signature  of  the  person 
whose  name  purports  to  be  thereto  subscribed.  Any  per- 
son signing  to  such  certificate  of  nomination  any  name 
but  his  own,  or  any  person  making  a  false  oath  to  such 
certificate  of  nomination,  shall  be  punished  by  imprison- 
ment in  the  state  prison  not  exceeding  five  years.  No  voter 
who  votes  at  any  primary  election  of  delegates  to  any 
convention  shall  sign  any  petition  in  favor  of  recommend- 
ing for  nomination  any  person  as  an  independent  candidate 
for  any  office  for  which  candidates  are  to  bS  or  shall  have 
been  nominated  at  such  convention.  The  clerk  or  officer 
with  whom  any  petition  of  any  Independent  candidate  is 
filed,  is  authorized  and  directed  to  strike  out  or  disregard 
the  name  or  names  of  any  electors,  who,  upon  examination 
of  the  voting  register,  or  otherwise,  may  be  found  to  have 
signed  such  petition  in  violation  of  the  provisions  herein. 
En.  March  12,  1872.  Am'd.  1891,  166;  1893,  303;  1899,  32; 
1901,  594. 
Cal.  Rep.  Cit.    129,  328;  131,  267. 

§  1189.  Certificates  of  nomination,  filing  of.  Certificates 
of  nomination  shall  be  filed  with  the  secretary  of  state  for 
the  nomination  of  candidates  for  offices  to  be  filled  by  the 
electors  of  the  entire  state,  or  for  members  of  the  state 


§§  1190,  1191         ELECTION   TICKETS  AND   BALLOTS.  'iki 

board  of  equalization,  state  board  of  railroad  commission- 
ers, or  bouse  of  representatives.  Certificates  of  nomina- 
tion shall  be  filed  with  the  clerk  or  secretary  of  the 
legislative  body  of  any  incorporated  city  or  town  for  the 
nomination  of  any  candidate  for  an  office  under  the  gov- 
ernment of  any  city  or  town,  to  be  filled  by  the  electors 
of  such  city  or  town.  For  all  other  nominations  to  public 
offices,  certificates  of  nomination  shall  be  filed  with  the 
clerks  of  the  respective  counties  wherein  the  offices  are  to 
be  filled  by  the  electors;  and  where  the  district  or  political 
division  embraces  more  than  one  county,  such  certificate 
must  be  filed  with  the  clerk  of  the  county  in  which  the 
candidate  resides;  and  the  name  of  each  such  candidate, 
as  specified  in  the  certificate  of  nomination,  shall  be  cer- 
tified by  said  county  clerk  to  the  county  clerks  of  the  other 
counties  within  the  district  or  political  division  not  less 
than  fifteen  days  before  the  day  of  election.  En.  March  12, 
1872.  Am'd.  1891,  167. 
Cal.   Rep.   Cit.     137.   480. 

§  1190.  Nominations,  limitation  upon.  No  certificate  of 
nomination  shall  contain  the  name  of  more  than  one  can- 
didate for  each  office  to  be  filled.  No  person  shall  join 
In  nominating,  under  the  provisions  of  this  code,  more 
than  one  nominee  for  each  office  to  be  filled;  and  no 
person  who  has  voted  in  a  convention  for  or  against  a 
candidate  for  any  office  shall  poin  in  nominating,  in  any 
manner,  any  other  nominee  for  that  office,  and  no  person 
shall  accept  a  nomination  to  more  than  one  office.  En. 
March  12,  1872.     Am'd.  1885,  114;  1891,  167. 

§  1191,  Certificates  of  nomination,  preservation  of. 
The  secretary  of  state  shall  preserve  in  his  office  for  the 
period  of  two  years  all  certificates  of  nomination  filed 
therein  under  the  provisions  of  this  code;  and  each  county 
clerk  shall  preserve  in  his  office  for  a  like  period  all  cer- 
tificates of  nomination  filed  therein  under  the  provisions 
of  this  code;  and  each  clerk  or  secretary  of  the  legislative 
body  of  any  incorporated  city  or  town  shall,  for  a  like 
period,  preserve  in  his  office  all  certificates  of  nomination 
filed  therein  under  the  provisions  of  this  code.  En.  March 
12,  1872.     Am'd.  1873-4,  24;   1889,  210;   1891,  167. 

Cal,  Rep.  Cit,    46,  404;  46,  405;  67,  498;  92,  136;  92,  137. 


233  ELECTION  TICKETS  AND  BALLOTS,  S  1192 

§  1192.  Certificate  of  nomination,  time  of  filing — Va- 
cancies. Certificates  of  nomination  required  to  be  filed 
with  the  secretary  of  state  shall  be  filed  not  more  than 
sixty  days  and  not  less  than  forty  days  before  the  day  fixed 
by  law  for  the  election  of  the  persons  in  nomination,  when 
the  nomination  is  made  by  a  convention,  and  not  more 
than  sixty  days  and  not  less  than  thirty  days  before  the 
day  of  election,  when  the  nomination  is  made  by  electors, 
as  provided  in  section  one  thousand  one  hundred  and 
eighty-eight  of  this  code.  Certificates  of  nomination  re- 
quired to  be  filed  with  the  county  clerks,  or  with  the 
clerk  or  secretary  of  the  legislative  body  of  any  city  or 
town,  shall  be  filed  not  more  than  fifty  nor  less  than 
thirty  days  before  the  day  of  election,  when  the  nomina- 
tion is  made  by  a  convention,  and  not  more  than  fifty  days 
nor  less  than  twenty  days  before  the  day  of  election,  when 
the  nomination  is  made  by  electors.  The  county  clerk 
of  the  county  wherein  certificates  of  nomination  for  sen- 
ators and  members  of  the  assembly  and  judges  of  the 
superior  court  are  required  to  be  filed,  must,  within  five 
days  after  the  filing  of  such  certificates,  make  out  a  copy 
of  such  certificate  of  nomination,  certify  the  same  under 
his  oflficial  seal,  and  forward  such  copy  or  copies  to  the 
Secretary  of  State.  Should  a  vacancy  in  the  list  of  nomi- 
nees of  a  convention  occur,  such  vacancy  may  be  filled 
by  the  convention;  or  if  it  has  delegated  to  a  committee 
the  power  to  fill  vacancies,  such  committee  may,  upon  the 
occurring  of  such  vacancy,  proceed  to  fill  the  same;  pro- 
vided, that  no  nomination  shall  be  made  or  certified  at  a 
period  before  the  day  of  election  less  than  the  minimum" 
number  of  days  provided  for  filing  certificates  of  nomina- 
tion made  under  this  code.  The  chairman  and  secretary 
of  the  convention,  or  of  such  committee,  shall  thereupon 
make  and  file  with  the  proper  ofiicer  a  certificate  setting 
forth  the  cause  of  the  vacancy,  the  name  of  the  person 
nominated,  the  office  for  which  he  was  nominated,  the 
name  of  the  person  for  whom  the  new  nominee  is  to  be 
substituted,  the  fact  that  the  committee  was  authorized 
to  fill  vacancies,  and  such  further  information  as  is  re- 
quired to  be  given  in  an  original  certificate  of  nomination. 
The  county  clerk  of  the  county  wherein  such  certificate 
to  fill  a  vacancy  in  the  list  of  nominees  of  a  convention 
for  senators,  or  members  of  the  assembly,  or  judges  of 


§  U93  ELECTION  TICKETS  AND  BALLOTS.  234 

the  superior  court,  must,  within  five  days  after  the  filing 
of  such  certificate,  make  out  a  copy  of  such  certificate, 
certify  the  same  under  his  official  seal,  and  forward  such 
copy  or  copies  to  the  Secretary  of  State. 

When  a  certificate  to  fill  any  vacancy  shall  be  filed 
with  the  Secretary  of  State,  he  shall,  in  certifying  the 
nomination  of  the  various  county  clerks,  insert  the  name 
of  the  person  who  has  been  thus  nominated  to  fill  a  va- 
cancy in  the  place  of  that  of  the  original  nominee.  Any 
person  whose  name  has  been  presented  as  a  candidate 
may,  at  least  five  days  before  the  making  of  the  publica- 
tion of  the  nominations  prescribed  in  this  section,  cause 
his  name  to  be  withdrawn  from  nomination,  by  filing 
in  the  oflBce  where  the  original  certificate  of  nomination 
was  filed  his  request  therefor,  in  writing,  signed  by  him 
and  acknowledged  before  the  county  clerk  of  the  county 
in  which  he  resides;  and  no  name  so  withdrawn  shall  be 
printed  on  the  ballot.  Whenever  any  certificate  of  nomi- 
nation is  presented  for  filing  to  any  officer  authorized 
to  file  the  same,  such  officer  shall  forthwith,  upon  receipt 
of  the  same  and  before  filing,  examine  the  same,  and  if 
there  is  any  defect,  omission,  or  reason  why  the  same 
should  not  be  filed,  such  officer  shall  then  and  there  forth- 
with designate,  in  writing,  the  defect,  omission,  or  reason 
why  such  certificate  cannot  be  filed,  and  return  the  saia 
certificate  to  the  person  presenting  the  same,  with  such 
written  designation  of  defect,  omission,  or  reason  for  not 
filing  the  same;  and  after  the  filing  of  any  certificate  of 
nomination,  no  officer  required  by  law  to  transmit  any 
nomination,  or  to  make  up  or  print  any  ballot,  shall  fail  or 
omit  to  transmit  such  nomination,  or  omit  to  print  the 
name  of  any  nominee  or  candidate  named  in  any  certificate 
of  nomination  which  has  been  filed;  and  unless  a  certifi- 
cate of  nomination  is  returned  as  herein  required,  the  of- 
ficer to  whom  the  same  is  properly  presented  shall  file  the 
same  as  soon  as  he  shall  receive  and  examine  the  same 
as  herein  required,  and  must  file  it  as  of  the  day  it  is 
presented.  En.  March  12,  1872.  Am'd.  1891,  167;  1895, 
299;  1901.  COl. 

Cal.  Rep.  Cit    114,  483;  137,  480. 

§  1193.  Certifying  names  of  candidates.  Not  less  than 
twenty-five  days  before  an  election  to  fill  any  public  office, 
the  secretary  of  state  shall  certify  to  the  county  clerk 
of  each  county  within  which  any  of  the  electors  may  by 
law  vote  for  candidates  for  such  office,  the  names  of  each 


235  ELECTION    TICKETS    AND    BALLOTS.  §  1194 

person  nominated  for  such  office,  as  specified  in  the  certifi- 
cate of  nomination  filed  with  the  secretary  of  state.  En. 
March  12,  1872.     Am'd.   1891,  168. 

Cal.  Rep.  Cit.     145,  156. 

§  1194.  Nominations  sent  to  county  committees — Sam- 
ple ballots.  At  least  fifteen  days  before  an  election  to  fill 
any  public  office,  the  county  clerk  of  each  county  shall 
cause  to  be  sent  to  the  chairman  of  the  county  committee 
of  each  organized  political  party  of  each  county  the  nomi- 
nations to  office  certified  to  him  by  the  secretary  of  state, 
and  also  all  those  filed  with  the  county  clerk.  In  all 
counties  where  a  new  registration  shall  take  place  pre- 
ceding the  next  ensuing  election,  the  county  clerk  shall 
cause  the  name  of  each  voter,  as  enrolled,  to  be  addressed 
upon  an  envelope,  and  also  the  number  of  the  residence 
of  said  voter,  or  the  correct  postoffice  address  of  -said 
voter,  as  the  same  is  written  on  said  register,  and  which 
name  and  address  shall  be  written  on  the  envelope  at  the 
time  that  each  voter  is  duly  registered  thereon.  All  of 
said  envelopes  shall  be  securely  kept  by  the  said  county 
clerk,  and,  ten  days  before  election  to  fill  any  public  office, 
he  shall  cause  to  be  folded  and  placed  in  said  envelope, 
for  mailing,  sample  ballots  containing  the  nominations 
to  office  certified  to  him  by  the  secretary  of  state,  and 
also  all  those  filed  with  the  county  clerk,  each  of  which 
shall  be  enclosed  in  said  envelope,  and  cause  the  same  to 
be  mailed  in  the  United  States  postoffice  as  printed  mat- 
ter, for  delivery  to  each  of  said  voters.  The  mailing  of 
all  of  said  envelopes  containing  sample  ballots,  as  afore- 
said, shall  commence  at  least  ten  days  before  the  time 
of  election  to  fill  any  public  office,  as  aforesaid,  and  con- 
tinue so  that  all  of  said  envelopes  containing  said  sample 
ballots  shall  have  been  mailed  at  least  three  whole  days 
before  the  day  of  election  to  fill  any  public  office,  as 
above  provided.  If  a  new  registration  does  not  take  place 
in  any  county  preceding  the  next  ensuing  election,  the 
county  clerk  shall  cause  envelopes  to  be  addressed  to  each 
voter,  together  with  the  number  of  the  residence  of  said 
voter,  or  correct  postoffice  address,  as  the  same  appears 
upon  the  register  corrected  at  that  time,  as  the  law 
proYides,  and  cause  to  be  enclosed  therein  the  nomina- 
tions to  office  certified  to  him,  as  aforesaid,  and  cause  the 
same  to  be  mailed  in  the  manner  and  within  the  time  as 
above  provided.  The  clerk  or  the  secretary  of  the  legis- 
lative body  of  any  incorporated  city  or  town  with  whom 

Pol.   Cade— 15 


§§  1195,  1196         ELECTION   TICKETS  AND   BALLOTS.  2S5 

the  names  of  any  candidates  have  been  filed  shall  mail, 
in  the  United  States  postoffice,  envelopes  addressed  to 
each  voter,  together  with  the  sample  ballots  enclosed 
therein,  the  list  of  nominations  filed  with  him,  in  the  same 
manner  as  the  lists  of  nominations  mailed  by  the  county 
clerk,  as  provided  in  this  section.  En.  March  12,  1872. 
Am'd.  1891,  168;   1893,  304. 

Cal.  Rep.  Cit.     103,  539. 

§  1195.  Constitutional  amendments,  how  submitted. 
Whenever  the  legislature  shall  propose  any  amendment 
to  the  constitution  of  this  state,  which  amendment  shall 
have  been  passed  in  the  manner  required  by  section  one  of 
article  eighteen  of  the  constitution,  or  whenever  said 
legislature  shall  submit  any  proposition  to  a  vote  of  the 
qualified  electors  of  the  state,  the  secretary  of  state  shall 
duly,  and  not  less  than  twenty-five  days  before  election, 
certify  the  same  to  the  clerk  of  each  county  of  the  state; 
shall  cause  to  be  printed  at  the  state  printing  office,  in 
convenient  form,  one  and  one-half  times  as  many  copies  of 
such  amendment  or  proposition  as  there  are  registered 
voters  in  the  state,  and  at  least  thirty  days  before  any 
election  at  which  such  amendment  or  proposition  is  to  be 
voted  on,  shall  furnish  each  county  clerk  in  the  state  with 
one  and  one-half  times  as  many  such  copies  as  there 
are  registered  voters  in  his  county.  The  clerk  of  each 
county  shall  thereafter  cause  to  be  mailed  to  each  voter 
a  copy  of  said  constitutional  amendment  or  other  proposi- 
tion at  the  same  time,  and  in  the  same  manner,  and  in  the 
same  envelope  provided  for  in  section  one  thousand  one 
hundred  and  ninety-four  of  this  code,  and  no  other  publica- 
tion thereof  shall  be  necessary  or  authorized.  En.  March 
12,  1872.     Am'd.  1891,  169;   1899,  27. 

Cal.  Rep.  Cit.     130,  92;  130,  93. 

There  was  also  passed  at  the  same  session  and  on  the 
same  day  an  act  to  provide  for  the  submission  of  constitu- 
tional amendments  to  the  electors:  See  Stats.  1899,  p.  24. 
This  act  was  declared  unconstitutional  in  so  far  as  it 
purported  to  enact  a  new  section.  People  v.  Curry,  130 
Cal.  82. 

§  1196.  Providing  ballots.  Except  as  in  this  code  other- 
wise provided,  it  shall  be  the  duty  of  the  county  clerk  of 
each  county  to  provide  printed  ballots  for  every  election 
of  public  officers,  except  elections  for  city  or  town  officers. 


237  E'  ECTION    TICKETS    AND    BALLOTS.  §  1198 

in  which  electors,  or  any  of  the  electors,  within  the  county 
participate,  and  to  cause  to  be  printed  in  the  appropriate 
ballot  the  name  of  ever.v  candidate  whose  name  has  been 
certified   to  or  filed  with  the  county  clerk,  in  the  manner 
provided  for  in  this  code.    Ballots  other  than  those  printed 
by  the  respective  county  clerks,  or  the  clerk  or  secretary 
of  the  legislative  body  of  any  incorporated  city  or  town, 
according  to  the  provisions  of  this  code,  shall  not  be  cast 
nor  counted  at  any  election.     It  shall  be  the  duty  of  the 
county  clerk  of  any  consolidated  city  and  county  to  pro- 
vide separate  ballots  for  every  election  for  city  and  county 
officers   in  which   the  electors,  or  any  of  the  electors,  of 
such  city  or  county  participate,  and  to  cause  to  be  printed 
in  such  separate  ballots  the  name  of  every  candidate  for 
a  city  and  county  office  whose  name  has  been  filed  with 
the    proper    officer   in   the    manner   provided    in   this   code, 
It  shall  be  the  duty  of  the  clerk  or  secretary  of  the  legis- 
lative  body   of  any   incorporated  city   or  town   to   provide 
separate  ballots  for  every  election  for  city  or  town  officers 
In  which  the  electors,  or  any  of  the  electors,  of  such  city 
or  town   participate,   and   to   cause  to   be   printed  in  such 
separate  ballots  the  name  of  every  candidate  whose  name 
has  been  filed  with  such  clerk  or  secretary  in  the  manner 
provided    for    in    this    code.     All    ballots    shall    be   of    the 
necessary  size  and  shape  to  contain  in  parallel  columns  the 
names   of   all    the   candidates   nominated    by   each    of   the 
several    political    parties    or    independent    bodies,    together 
with  the  necessary  blank  column  hereinafter  provided  for, 
and  shall  be  printed  on  tinted  paper  furnished  by  the  sec- 
retary of  state.     It  shall  be  the  duty  of  the  secretary  of 
state  to  obtain,  and  keep  on  hand,  a  sufficient  supply  of 
paper  for  ballots,  and  to  furnish  the  same,  in  quantities 
ordered,  to  any  county  clerk,  or  clerk  or  secretary  of  the 
legislative   body   of   any   incorporated  city   or   town,   upon 
payment  by  them  of  the  cost  of  such  paper.     Such  paper 
shall   be  watermarked  with   a   design   to   be  furnished   by 
the  secretary  of  state,  in  such  manner  that  the  said  water- 
mark shall  be  plainly  discernible  on  the  outside  of  such 
ballot   when   folded    according   to   law.     Such    design   shall 
be  kept  secret  from  all  persons  not  engaged  in  the  prep- 
aration,  printing,   or  distribution  of  the  paper  or  ballots, 
until  the   day   of  election.     Such   design  shall   be  changed 
for  each  general  election,  and  the  same  design  shall  not 
be  used  again  at  any  general  election  within  the  space  of 
fourteen    years;     but    at    any    special    or-  separate    local 
election,  paper  marked  with  the  design  used  at  the  pre- 
vious  election    may  be   used.     Nothing   in  this   code  con- 


§  U97  ELECTION    TICKETS   AND   BALLOTS.  238 

tained  shall  prevent  any  voter  from  writing  upon  his 
ballot  the  name  of  any  person  for  whom  he  desires  to 
vote  for  any  office,  and  such  vote  shall  be  counted  the 
same  as  if  printed  upon  the  ballot,  and  marked  as  voted 
for.  En.  March  12,  1872.  Am'd.  1891,  169;  1899,  134. 
Number  of  ballots:  See  post,  sec.  1199. 

§  1197.  Ballot  law.  1.  There  shall  be  provided  at  each 
polling  place,  at  each  election  at  which  public  officers  are 
/oted  for,  but  one  form  of  ballot  for  all  the  candidates 
for  public  office,  and  every  ballot  shall  contain  the  names 
of  all  the  candidates  whose  nominations  for  any  office 
specified  on  the  ballot  have  been  duly  made  and  not  with- 
drawn, as  provided  in  this  code,  together  with  the  title  of 
the  office,  arranged  in  tickets  under  the  titles  of  the  re- 
spective political  parties  as  certified  in  the  certificates  of 
nomination.  The  arrangement  of  the  ballot  shall,  in  gen- 
eral, conform  as  nearly  as  practicable  to  the  plan  herein- 
after given. 

2.  The  list  of  candidates  of  the  several  parties  shall  be 
printed  in  parallel  columns,  each  column  to  be  headed 
by  the  party  name,  in  such  order  as  the  secretary  of  state 
may  direct,  precedence,  however,  being  given  to  the 
party  which  polled  the  highest  number  of  votes  for  gov- 
ernor at  the  last  preceding  general  election  for  such  officer, 
and  so  on.  The  number  of  such  columns  shall  exceed 
by  one  the  number  of  separate  tickets  of  candidates  to  be 
voted  for  at  the  polling  place  for  which  the  ballot  is  pro- 
vided, except  as  otherwise  provided  in  this  section.  The 
party  name  shall  be  printed  in  display,  the  name  or  desig- 
nation of  the  office  in  brevier  lower  case,  and  the  name 
of  the  candidate  therefor  in  brevier  capital  type.  The 
title  of  the  office,  together  with  the  name  of  the  candidate 
therefor,  shall  be  printed  in  a  space  one-half  inch  in  depth, 
and  at  least  two  inches  in  width,  defined  by  light,  horizon- 
tal ruled  lines,  with  a  blank  space  on  the  right  thereof 
one-half  of  an  inch  wide,  inclosed  by  heavier  dark  lines, 
which  space  (called  the  voting  square),  shall  be  of  the 
same  depth  as  the  space  containing  the  title  of  the  office 
and  the  name  of  the  candidate;  provided,  however,  that 
when  two  or  more  persons  are  voted  for,  for  offices  hav- 
ing the  same  title,  for  the  same  term,  on  the  same  party 
ticket,  as,  for  instance,  presidential  electors,  the  title  ot 
the  office  shall  be  printed  in  each  space,  with  the  name  of 
each  candidate  for  such  office,  and  after  such  title  there 
shall  be  stated  the  number  of    persons  to   be  voted  for 


239  ELECTION   TICKETS    AND    BALLOTS.  S  IW 

for  such  oflBces  by  words  in  parenthesis  in  nonpareil  type, 
thus:  (vote  for  two),  giving  the  correct  number  to  be 
voted  for,  as  the  case  may  be. 

3.  On  the  right  of  each  ballot  shall  be  a  column  in  which 
shall  be  printed  in  spaces  as  above  provided,  only  the  titles 
of  the  oflBces  for  which  candidates  may  be  voted  for  by  the 
electors  at  the  polling  places  for  which  such  ballot  is 
printed.  Such  column  is  designated  as  the  "blank  col- 
umn," and  in  such  column  the  voting  squares  shall  be 
omitted,  but  in  all  other  respects  such  blank  column  shall 
conform  to  the  political  party  columns  on  such  ballot.  In 
the  space  of  such  column  above  the  heavy  ruled  line  at 
the  top  thereof  shall  be  printed  in  eighteen-point  gothlc 
capitals  the  words  "blank  column,"  and  below  such  words 
shall  be  printed  in  brevier  capital  type  the  following: 
"The  elector  may  write  in  the  column  below,  under  tbe 
title  of  the  oflElce,  the  name  of  any  person  whose  name 
is  not  printed  upon  the  ballot,  for  whom  he  desires  to  vote. 
Do  not  use  a  voting  stamp,  or  make  any  cross  in  this 
column."  The  heading  of  each  party  or  independent  ticket 
shall  be  separated  from  the  rest  of  the  ticket  by  a  heavy 
printed  line. 

4.  Immediately  under  the  heading  of  each  party  or  in- 
dependent ticket  and  above  the  heavy  printed  line  shall 
be  inserted  a  printed  circle  at  least  three-fourths  of  an 
inch  in  diameter,  and  of  uniform  size  and  appearance  for 
all  tickets,  which  shall  be  called  the  party  voting  circle, 
in  which  circle  a  stamp  may  be  made  by  those  who  wish 
to  vote  for  such  party  ticket.  Opposite  such  circle  and  In 
the  same  space  shall  be  printed  the  following  words  in 
lower  case  brevier  type:  "To  vote  a  straight  ticket  stamp 
a  cross  (X)  within  this  circle."  The  space  occupied  by 
such  circle  and  words  shall  not  exceed  two  inches  in 
length. 

5.  In  the  case  of  nominations  provided  for  in  section 
eleven  hundred  and  eighty-eight,  herein  referred  to  as 
independent  tickets,  the  ballot  shall  be  so  arranged  that 
at  the  right  of  the  last  column  for  nominations  made  pur- 
suant to  section  eleven  hundred  and  eighty-seven  the  sev- 
eral tickets  of  the  names  of  the  candidates  nominated 
under  section  eleven  hundred  and  eighty-eight  shall  be 
printed  in  one  or  more  columns  according  to  the  space 
required  having  above  each  of  the  tickets  the  political  or 
other  name  selected  to  designate  such  independent  nomi- 
nations and  a  circle  as  aforesaid  to  provide  the  party  voting 


§  1197  ELECTION   TICKETS   AND    BALLOTS.  Z40 

circle  for  such  independent  nominations.  The  independent 
ticl<:ets  occupying  the  same  column  shall  be  separated  from 
each  other  by  a  solid  black  line  one-eighth  of  an  inch 
wide.  At  the  top  of  such  column,  or  columns,  for  inde- 
pendent nominations,  shall  be  printed  in  type  known  as 
eighteen-point  gothic  capitals,  the  words  "Independent 
Nominations."  The  independent  nominations  shall  be 
placed  in  said  column  in  sequence,  preference  being  given 
to  the  office  of  the  head  of  the  ticket  and  so  on;  one  col- 
umn must  be  filled  before  another  is  provided. 

6.  Each  column  upon  the  ballot  must  be  bordered  on 
either  side  by  a  broad  solid  printed  line  one-eighth  of  an 
inch  wide,  and  the  edge  of  the  ballot  on  the  left-hand 
side  shall  be  trimmed  off  up  to  the  border  or  solid  line 
described,  and  on  the  right-hand  side  shall  be  perforated 
along  the  border  or  solid  line  above  described.  The  ballot 
shall  be  so  printed  as  to  give  each  voter  a  clear  oppor- 
tunity to  designate,  by  stamping  a  cross  (X)  in  a  blank 
inclosed  space,  heretofore  designated  as  the  voting  square, 
on  the  right  of  and  after  the  name  of  each  candidate  whose 
name  is  printed  on  the  ballot,  his  choice  of  particular  can- 
didates. The  ballot  shall  be  printed  on  the  same  leaf  with 
a  stub  and  separated  therefrom  by  a  perforated  line  across 
the  top  of  the  ballot.  On  each  ballot  a  perforated  line  shall 
extend  from  top  to  bottom,  along  the  border  or  solid  line 
hereinbefore  described,  one-half  inch  from  the  right-hand 
side  of  such  ballot,  and  upon  the  half-inch  strip  thus  formed 
there  shall  be  no  printing  except  the  number  of  the  ballot, 
which  shall  be  upon  the  back  of  each  strip,  in  such  position 
that  it  shall  appear  on  the  ouside  when  the  ballot  is 
folded.  The  number  on  each  ballot  shall  be  the  same  as 
that  on  the  corresponding  stub,  and  the  ballots  and 
stubs  shall  be  numbered  consecutively  in  each  county.  All 
ballots  printed  by  county  clerks  or  registrars  of  voters 
other  than  the  separate  ballots  containing  the  names  only 
of  candidates  for  city  and  county  offices,  printed  by  the 
county  clerks,  or  registrars  of  voters  of  consolidated  cities 
and  counties,  shall  have  printed  on  the  back,  below  the  stub, 
and  immediately  at  the  left  of  the  center  of  the  ballot,  in 
eighteen-point  gothic  capitals,  the  words  "General  Ticket," 
and,  underneath,  the  respective  number  of  congressional, 
senatorial,  and  assembly  districts  in  which  each  ballot  Is 
to  be  voted,  and  all  ballots  printed  by  county  clerks  or 
registrars  of  voters  of  consolidated  cities  and  counties 
containing  the  names  of  candidates  for  city  and  county 
officers,  and  also  all  the  ballots  printed  by  the  clerk,  regis- 
trar of  voters,  or  secretary  of  a    legislative  body  of  any 


241  ELECTION    TICKETS    AND    BALLOTS.  g  1197 

incorporated  city  or  town,  shall  have  printed  in  the  same 
manner,  on  the  back,  the  words  "Municipal  Ticlcet."  All 
municipal  tickets  shall  be  printed  on  paper  of  a  different- 
tint  from  that  of  the  general  ticket.  On  the  top  of  the  face 
of  the  ballot  the  following  directions  shall  be  printed: 

INSTRUCTIONS  TO  VOTERS: 

To  vote  a  straight  ticket,  stamp  a  cross  (X)  within  the 
circle  under  the  party  heading. 

To  vote  a  split  ticket,  that  is,  for  candidates  of  different 
parties,  stamp  a  cross  (X)  in  the  voting  circle  at  the  head 
of  your  party  ticket,  and  a  cross  (X)  after  each  candidate, 
not  on  your  party  ticket,  for  whom  you  desire  to  vote,  or 
stamp  a  cross  (X)  for  each  individual  candidate  for  whom 
you  desire  to  vote,  and  DO  NOT  STAMP  your  party  voting 
circle. 

Where  two  or  more  candidates  for  the  same  office  are 
to  be  elected  and  you  desire  to  vote  for  candidates  for  that 
office  who  are  on  your  party  ticket,  and  also  tor  candi- 
dates for  that  office  who  are  not  on  such  ticket,  stamp  a 
cross  (X)  after  the  names  of  all  the  candidates  for  that 
office  for  whom  you  desire  to  vote,  whether  they  be  on 
your  party  ticket  or  not.  Where  a  party  has  made  no 
nomination  for  an  office,  the  space  for  tliat  office  in  the 
party  column  is  omitted  on  this  ballot. 

If  a  party  ticket  does  not  contain  the  names  of  candidates 
for  all  offices  for  which  the  voter  may  vote,  he  may,  if  he 
vote  the  straight  ticket  of  such  party,  vote  for  candidates 
for  such  offices  so  omitted  by  stamping  a  cross  (X)  in  the 
voting  square  opposite  the  names  of  the  candidates  for  such 
offices  on  any  other  ticket,  or  by  writing  the  names,  it 
they  are  not  printed  upon  the  ballot,  in  the  blank  column 
under  the  title  of  the  office.  To  vote  for  a  person  not  on 
the  ballot,  write  the  name  of  such  person,  under  the  title 
of  the  office,  in  the  blank  column,  and  do  not  stamp  a 
cross  (X)  after  the  name  written  in  the  blank  column. 
ALL  MARKS  EXCEPT  THE  CROSS  (X)  ARE  FORBID- 
DEN ALL  DISTINGUISHING  MARKS  OR  ERASURES 
ARE  FORBIDDEN  AND  MAKE  THE  BALLOT   VOID. 

If  you  WRONGLY  STAMP,  TEAR  or  DEFACE  THIS 
BALLOT,  return  it  to  the  inspector  of  election  and  obtain 
another. 

The  caption  "Instructions  to  Voters"  shall  be  printed 
as  a  side  heading  in  forty-point  gothic  condensed  capital 

Pol.  Code— 16 


§  1197  ELECTION   TICKETS   AND    BALIiOTS.  Z42 

type,  and  the  body  of  the  instructions  shall  be  printed  in 
ten-point  lower  case  gothic,  except  that  the  words  printed 
in  capital  letters  in  the  foregoing  instructions  shall  be 
printed  in  capital  letters  on  the  ballot. 

7.  All  of  the  ballots  of  the  same  sort  prepared  by  any 
county  clerk  or  registrar  of  voters,  or  clerk  or  secretary  of 
a  legislative  body,  or  other  person  having  charge  of  the 
preparing  of  such  ballots,  for  the  same  polling  place,  shall 
be  precisely  the  same  size,  arrangement,  quality,  and  tint 
of  paper,  and  kind  of  type,  and  shall  be  printed  with  black 
ink  of  the  same  tint,  so  that  without  the  numbers  on  the 
stubs  it  shall  be  impossible  to  distinguish  anyone  of  the 
ballots  from  the  other  ballots  of  the  same  sort;  and  the 
names  of  all  candidates  printed  upon  the  ballot  shall  be  in 
type  of  the  same  size  and  character, 

8.  If  two  or  more  oflBicers  are  to  be  elected  for  the  same 
office  for  different  terms,  the  terms  for  which  each  candi- 
date for  such  office  is  nominated  shall  be  printed  on  the 
ballot  as  a  part  of  the  title  of  the  office.  If,  at  a  general 
election,  an  officer  is  to  be  elected  for  a  full  term,  and  an- 
other to  fill  a  vacancy,  the  term  for  which  each  such  can- 
didate is  nominated  shall  be  printed  as  a  part  of  the  title 
of  the  office,  and  the  name  of  the  candidate  to  fill  such 
vacancy  shall  be  placed  immediately  following  that  of  the 
candidate  for  the  full  term.  When  no  nomination  has  been 
made  by  a  political  party,  as  provided  by  law,  for  an  office 
to  be  filled  at  the  election,  the  title  of  such  office  shall  not 
be  printed  in  the  party  column,  and  no  voting  space  or 
square  shall  be  provided  in  such  column  for  such  office. 
If  any  ticket  or  list  of  candidates  contains  more  candidates 
for  any  office  than  there  are  persons  to  be  elected  to  such 
office,  it  shall  be  deemed  that  no  nomination  has  been 
made  for  such  office. 

9.  Whenever  any  proposition  or  constitutional  amend- 
ment is  to  be  submitted  to  the  vote  of  the  people,  there 
shall  be  printed  at  the  right  of  the  blank  column,  another 
column,  or  columns  with  voting  squares,  in  which  such 
proposition,  or  constitutional  amendment,  shall  be  desig- 
tiated,  and  opposite  such  proposition,  or  constitutional 
amendment,  to  be  voted  on,  in  separate  lines,  the  words 
"yes,"  and  "no"  shall  be  printed.  If  an  elector  shall  have 
.stamped  a  cross  (X)  in  the  voting  square  after  the  printed 
word  "yes,"  his  vote  shall  be  counted  in  favor  of  the 
adoption  of  the  proposition  or  constitutional  amendment; 


243  ELECTION    TICKETS   AND   BALLOTS.  S  IW^ 

if  he  shall  have  stamped  a  cross  (X)  after  the  printed  word 
"no,"  his  vote  shall  be  counted  against  the  adoption  of  the 
same.  The  ballot  shall  be  printed  in  accordance  with  the 
following  form: 


[Indorsement  on  back  of  ballot.] 

GENERAL  TICKET. 
SEVENTH   CONGRESSIONAL  DISTRICT. 
THIRTY-EIGHTH   SENATORIAL  DISTRICT, 
SEVENTY-SECOND  ASSEMBLY  DISTRICT. 


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ELECTION    TICKETS    AND    BALLOTS, 


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En.  March  12.  1872.  Am'd.  1873-4,  73;  1891,  170;  1893,  305; 
1899,  135;   1903,  144. 

Cal.  Rep.  Cit.  58,  526;  96,  372;  96,  376;  108,  109;  114, 
309;    130,  92;   136,  267;   137,  480. 

Voting  straight  tickets:  This  section  as  it  originally  was 
passed  in  1891  (Stats.  1891,  p.  170)  provided  for  the  voting 
of  straight  ticliets. 

Freedom  from  mark  or  device:  See  post,  sec.  1207. 

§  1198.  Books  and  records  of  ballots.  All  ballots,  when 
printed,  shall  be  bound  in  stub  books  of  one  hundred  bal- 
lots each.    A  record  of  the  number  of  ballots  printed  by 


245  ELECTION    TICKETS    AND    BALLOTS.  §§  1199-1201 

them  shall  be  kept  by  the  respective  county  clerks,  and  by 
the  clerk  or  secretary  of  the  legislative  body  of  each 
incorporated  city  or  town.  En.  March  12,  1872.  Am'd. 
1873-4,  26;   1891,  172. 

§  1199.  Number  of  ballots.  The  county  clerk  of  each 
county  shall  provide  for  each  election  precinct  in  the 
county,  not  less  than  one  hundred  general  tickets  for  every 
fifty  or  fraction  of  fifty  electors  registered  in  the  election 
precinct;  and  in  case  of  a  consolidated  city  and  county, 
an  equal  number  of  municipal  tickets,  when  any  city  and 
county  officers  are  to  be  elected;  and  the  clerk  or  secretary 
of  the  legislative  body  of  any  incorporated  city  or  town 
shall  furnish  a  like  number  of  municipal  tickets  when  any 
city  or  town  officer  is  to  be  elected.  And  upon  the  day  of 
an  election,  immedlat'ely  upon  the  arrival  of  the  hour  when 
the  polls  are  required  by  law  to  be  closed,  the  county  clerk 
in  each  county  shall  openly,  in  his  main  office,  in  the 
presence  of  as  many  persons  as  may  there  assemble  to 
observe  his  act,  proceed  to  destroy  every  unused  ballot 
which  shall  have  remained  in  his  possession,  custody,  or 
control,  and  forthwith  make  and  file  his  affidavit,  in  writ- 
ing, as  to  the  number  of  ballots  so  destroyed.  En.  March 
12,  1872.     Am'd.  1891,  172;  1895,  300. 

§  1200.  Error  or  omission  in  name  of  candidate.  When- 
ever it  shall  appear  by  affidavit  that  an  error  or  omission 
has  occurred  in  the  publication  of  the  name  or  description 
of  the  candidates  nominated  for  office,  or  in  the  printing 
of  the  ballots,  the  superior  court  of  the  county,  or  the  judge 
thereof,  shall,  upon  application  by  any  elector,  by  order, 
require  the  county  clerk  to  correct  such  error,  or  to  show 
cause  why  such  error  shouW  not  be  corrected.  En.  March 
12,  1872.     Am'd.   1891.  172. 

§  1201.  Delivering  ballots.  Before  the  opening  of  the 
polls  at  any  election  within  any  county,  the  county  clerk 
of  the  county  shall  cause  to  be  delivered  to  the  boards  of 
election  of  each  election  precinct  which  is  within  the 
county,  and  in  which  the  election  is  to  be  held,  at  the 
polling  place  of  the  election  precinct,  the  proper  number  of 
general  tickets  of  the  kind  to  be  used  in  the  election  pre- 
cinct, in  sealed  packages,  with  marks  on  the  outside  clearly 
designating  the  precinct  or  polling  place  for  which  they 
are  intended,  and  the  number  of  ballots  inclosed,  and  in 
case  of  a  consolidated  city  and  county,  also  a  like  number 


g  1202  ELECTION    TICKETS    AND    BALLOTS.  5548 

of  municipal  tickets;  and  the  clerk  or  secretary  of  any 
incorporated  city  or  town  shall  in  like  manner  cause  to  be 
delivered  the  proper  number  of  municipal  tickets.  The 
county  clerk,  clerk,  or  secretary  shall  prepare  a  receipt 
tor  each  polling  place,  enumerating  the  packages,  and 
stating  the  time  and  day  and  date  when  the  same  were 
delivered  by  him  to  the  inspectors  of  election.  The  in- 
spectors of  election  shall  sign  said  receipt  upon  receipt 
of  the  packages,  which  shall  forthwith  be  returned  and 
filed.  The  county  clerk,  clerk,  and  secretary,  respectively, 
shall  have  authority  to  employ  such  messengers  as  may  be 
necessary  to  insure  the  safe  and  expeditious  delivery  of 
the  ballots  to  the  inspectors  or  judges  of  election,  as  pro- 
vided in  this  code,  and  the  board  of  supervisors,  or  other 
board  or  body  having  the  control  of  elections,  shall  allow 
such  messengers  a  reasonable  compensation  for  their  ser- 
vices, to  be  paid  as  other  election  expenses  are  paid.  In 
case  of  the  prevention  of  an  election  in  any  precinct  by 
the  loss  or  the  destruction  of  the  ballots  intended  for 
that  precinct,  the  inspector,  or  other  election  officer  for 
that  precinct,  shall  make  an  affidavit  setting  forth  the  fact, 
swear  to  the  same  before  an  officer  authorized  to  ad- 
minister oaths,  and  transmit  it  to  the  governor  of  this 
state.  Upon  receipt  of  such  affidavit,  the  governor  may 
order  a  new  election  in  such  precinct,  and  upon  the  appli- 
cation of  any  candidate  for  any  office  to  be  voted  for  by  the 
electors  of  such  precinct,  the  governor  shall  order  a  new 
election  in  such  precinct.  En.  March  12,  1872.  Am'd.  1891, 
172. 

§  1202.  Ballot  clerks.  At  the  same  time  and  in  the 
same  manner  as  inspectors  and  judges  of  election  are  now 
appointed  in  this  state,  two  ballot  clerks  for  each  election 
precinct  in  the  state  shall  be  appointed,  whose  duty  it 
shall  be  to  have  charge  of  the  ballots  on  the  day  of  election, 
and  to  furnish  them  to  the  voters  in  the  manner  herein- 
after provided.  Such  ballot  clerks  shall  be  electors  of  the 
precinct  from  which  they  are  appointed,  and  shall  be  paid 
the  same  compensation  as  inspectors  of  election.  In 
making  appointments  of  such  ballot  clerks,  one  of  them 
shall  be  taken  from  the  political  party  that  polled  the 
largest  number  of  votes  at  the  last  preceding  general 
election,  and  the  other  from  the  party  that  polled  the  next 
largest  number  of  votes  at  such  general  election.  They 
shall  act  as  additional  clerks  of  election  when  the  polls  are 
closed,  and  they  shall  serve  until  the  votes  are  counted 
and  the  returns  are  signed;    provided,  that    whenever    a 


247  ELECTION   TICKETS   AND    BALLOTS.  §  1203 

general  and  municipal  election  shall  be  held  at  the  same 
time,  there  shall  be  appointed  one  additional  inspector, 
one  additional  judge,  and  two  additional  clerks  in  the 
manner  now  provided  by  law.  En.  March  12,  1872.  Am'd. 
1891,  173;  1893,  303. 

§  1203.  Ballot  boxes — Booths  for  voters.  All  officers 
upon  whom  is  imposed  by  law  of  the  state  the  duty  of 
designating  polling  places,  shall  cause  such  polling  places 
to  be  suitably  provided  with  a  ballot  box,  to  be  marked 
on  the  outside  "General  Tickets,"  and  when  any  city, 
city  and  county,  or  town  officers  are  to  be  elected,  a  sec- 
ond ballot  box,  to  be  marked  on  the  outside  "Municipal 
Tickets";  and  shall  also  provide  a  sufficient  number  of 
places,  booths,  or  compartments,  at  or  in  which  voters 
may  conveniently  mark  their  ballots,  so  that  in  the  mark- 
ing thereof  they  may  be  screened  from  the  observation  of 
others;  and  a  guard-rail  shall  be  so  constructed  and  placed 
that  only  such  persons  as  are  inside  said  rail  can  approach 
within  six  feet  of  the  ballot  boxes,  and  of  such  booths  or 
compartments.  The  arrangements  shall  be  such  that 
neither  the  ballot  boxes  nor  the  box  booths  or  compart- 
ments shall  be  hidden  from  the  view  of  those  just  outside 
the  said  guard-rail.  The  number  of  such  voting  booths 
or  compartments  shall  not  be  less  than  one  for  every  forty 
electors  qualified  to  vote  in  the  precinct.  No  person  other 
than  electors  engaged  in  receiving,  preparing,  or  deposit- 
ing their  ballots  shall  be  permitted  to  be  within  said  rail 
before  the  closing  of  the  pons,  except  by  authority  of  the 
board  of  election,  and  then  only  for  the  purpose  of  keep- 
ing order  and  enforcing  the  law.  Each  of  said  voting 
booths  or  compartments  shall  be  kept  provided  with 
proper  supplies  and  conveniences  for  marking  the  ballots. 
And  the  election  officers  shall  especially  see  that  the 
stamps  and  ink  pads  required  are  at  all  times  in  such 
booths  and  in  condition  for  proper  use;  and  all  officers 
upon  whom  is  imposed  by  the  law  the  duty  of  designating 
polling  places,  shall  supply  each  polling  place  with  sev- 
eral stamps  and  several  ink  pads  for  each  booth,  and  such 
stamps  shall  be  so  made  that  a  cross  (X)  may  be  made 
with  either  end  of  such  stamp,  and  the  same  must  be  so 
constructed  that  the  portion  with  which  such  cross  (X) 
is  to  be  made  shall  not  be  fastened  on  by  any  glue  or  like 
substance  which  may  loosen  when  wet,  but  the  said  stamp 
shall  be  one  solid  piece.  En.  March  12,  1872.  Am'd.  1891 
173;  1893,  3u6;  1895,  301. 

Cal.  ilep.  Cit.    136,  399. 


§§  1204,  1205  ELECTION  TICKETS  AND   BALLOTS.  i*i 

§  1204.  Manner  of  voting.  Any  person  desiring  to  vote 
shall  write  his  name  9,nd  address  (or  if  he  be  unable  to 
write,  shall  have  the  same  written  for  him)  on  a  roster 
of  voters  provided  for  that  purpose  and  announce  the  same 
to  one  of  the  ballot  clerks  who  shall  then  in  an  audible 
tone  of  voice  announce  the  same  and  if  the  other  ballot 
clerk  finds  the  name  on  the  register,  he  shall  in  like  man- 
ner repeat  the  name  and  address,  whereupon  a  challenge 
may  be  interposed  as  provided  in  section  1230  of  this  code. 
In  all  cases  except  in  those  where  the  name  and  address 
of  the  voter  is  written  on  the  roster  of  voters  for  him,  as 
above  provided,  it  shall  be  the  duty  of  the  ballot  clerk,  in 
the  presence  and  view  of  the  bystanders,  to  compare  the 
signature  of  the  voter  on  the  roster  of  voters  with  the 
signature  of  that  person  on  the  register  and  no  ticket  shall 
be  given  such  voter  until  such  comparison  of  signatures 
shall  have  been  made  and  until  such  a  comparison  has  been 
made,  as  aforesaid,  the  right  of  a  voter  to  vote  may  be 
challenged.  If  the  challenges  be  overruled,  the  ballot 
clerk  shall  give  the  voter  a  ticket  and  the  clerk  shall 
write  on  the  register  opposite  the  name  of  the  voter  the 
number  of  the  general  ticket  given  him  and  also  the  num- 
ber of  the  municipal  ticket  given  him  when  any  city,  city 
and  county  or  town  officer  is  to  be  elected  and  the  voter 
shall  be  allowed  to  enter  the  place  enclosed  by  the  guard- 
rail as  above  provided.  The  ballot  clerk  shall  give  him 
but  one  general  ticket,  and  where  any  city,  city  and 
county  or  town  officers  are  to  be  elected  also  one  munici- 
pal ticket,  and  only  one  ballot  of  each  kind,  and  In  order 
to  prevent  voters  from  marking  their  ballots  with  a  pencil, 
or  otherwise  contrary  to  law,  it  shall  be  the  duty  of  the 
ballot  clerk,  whenever  he  shall  deliver  a  ballot  to  any 
voter,  to  then  orally  distinctly  state  to  him,  so  that  it  may 
be  heard  by  the  bystanders,  that  he  must  mark  the  ballot 
with  the  stamp  provided  by  law,  or  it  will  not  be  counted. 
En.  March  12,  1872.  Am'd.  1889,  425;  1891,  174;  1895,  301; 
1899,  62;    1905,  213. 

Cal.  Rep.  Cit.     83,  75;   91,  532;   136,  400. 

§  1205.  Idem.  On  receiving  his  ballot,  the  elector  shall 
forthwith,  and  without  leaving  the  inclosed  space,  retire 
alone  to  one  of  the  places,  booths  or  compartments  pro- 
vided, to  prepare  his  ballot.  If  he  intends  to  vote  a 
straight  party  or  independent  ticket  he  shall  stamp  a  cross 
(X)  in  the  party  voting  circle  at  the  head  of  such  party 
or  independent  ticket,  and  such  stamp  shall  be  deemed  to 


249  ELECTION   TICKETS   AND   BALLOTS.  S  1^5 

be  a  vote  for  each  candidate  named  on  such  party  or  in- 
dependent ticlcet.  If  he  intends  to  vote  for  some  candi- 
dates, only,  on  one  ticliet,  or  for  candidates  on  different 
tickets,  he  shall  stamp  a  cross  (X)  in  the  voting  square 
after  the  name  of  every  candidate  for  whom  he  intends  to 
vote,  and  this  shall  be  counted  as  a  vote  for  each  person 
after  whose  name  the  voter  has  stamped  such  cross,  or  he 
may  vote  for  a  candidate  or  person  whose  name  is  not 
printed  on  the  ballot  by  writing  a  name  for  such  office 
in  the  "blank  column,"  in  which  latter  case  the  vote  of 
such  voter  for  that  office  shall  be  counted  for  the  person 
whose  name  is  so  written.  Where  a  party  ticket  does  not 
contain  the  names  of  candidates  for  all  offices  for  which 
the  voter  may  vote,  he  may  vote  a  straight  ticket  of  such 
party,  vote  for  candidates  for  such  offices  so  omitted  by 
stamping  a  cross  (X)  in  the  voting  square  opposite  the 
names  of  the  candidates  for  such  offices  on  any  other 
ticket,  or  by  writing  the  names,  if  they  are  not  printed 
upon  the  ballot,  in  the  blank  column  under  the  title  of  the 
office. 

Where  two  or  more  candidates  for  the  same  office  are 
to  be  elected  and  the  voter  desires  to  vote  for  candidates 
for  that  office  who  are  on  the  voter's  party  ticket  and 
also  for  candidates  for  that  office  who  are  not  on  such 
ticket,  he  must  stamp  a  cross  (X)  after  the  names  of  all 
the  candidates  for  that  office  for  whom  the  voter  desires 
to  vote  whether  they  be  on  his  party  ticket  or  not. 

Without  stamping  a  cross  (X)  in  the  party  voting  circle, 
a  voter  may  vote  a  straight  party  ticket  by  stamping  a 
cross  in  the  voting  square  opposite  each  name  in  the  party 
column.  In  case  of  a  constitutional  amendment,  or  other 
proposition  submitted  to  a  vote  of  the  people,  he  shall 
mark  his  ballot  by  stamping  in  the  appropriate  voting 
square  a  cross  (X)  opposite  the  answer  he  desires  to  give. 
All  crosses  shall  be  made  only  with  a  stamp,  which  with 
necessary  pads  and  ink,  shall  be  provided  by  the  officers 
who  by  this  code  are  required  to  furnish  election  supplies 
for  each  booth  or  compartment  provided  for  the  marking 
and  preparation  of  ballots.  Before  leaving  such  booth  or 
compartment  the  elector  shall  fold  his  ballot  in  such  a 
manner  that  the  number  of  the  ballot  and  the  indorse- 
ment on  the  back  shall  appear  on  the  outside  thereof, 
without  displaying  the  marks  on  the  face  thereof,  and 
shall  keep  it  folded  until  he  has  voted.  Having  folded  his 
ballot,   the  voter  shall   deliver  it  folded   to   the  inspector 


§§  1206,  1207  ELECTION    TICKETS    AND    BALLOTS.  260 

who  shall  announce  in  an  audible  tone  of  voice  the  name 
of  the  voter  and  the  number  of  his  ballot.  The  ballot  clerk 
having  the  register  in  charge,  if  he  finds  the  number  to 
correspond  with  the  number  marked  opposite  the  voter's 
name  on  the  register,  shall,  in  like  manner,  repeat  the 
name  and  number,  and  shall  write  opposite  the  name  the 
word  "voted."  The  inspector  shall  then  separate  the  slip 
containing  the  number  from  the  ballot,  and  snail  deposit 
the  ballot  in  the  box.  The  numbers  of  all  ballots  shall  be 
immediately  destroyed.  En.  March  12,  1872.  Am'd.  1891, 
174;   1893,  306;   1899,  139;   1903,  148. 

Cal.  Rep.  Cit.     96,  372;    108,  109;    136,    400;    138,  22;    145. 
333. 

§  1206.  Occupancy  of  booths.  Not  more  than  one  per- 
son shall  be  permitted  to  occupy  any  one  booth  ai  one 
time,  and  no  person  shall  remain  in  or  occupy  a  booth 
longer  than  necessary  to  prepare  his  ballot,  and  in  no 
event  longer  than  ten  minutes.  En.  March  12,  1872. 
Am'd.  1891,  175. 

Cal.  Rep.  Cit.     91,  530. 

§  1207.  Spoiled  or  unused  ballots.  Any  voter  who  shall 
spoil  a  ballot  shall  return  such  spoiled  ballot  to  the  ballot 
clerk  and  receive  another  one  in  its  place,  one  at  a  time, 
not  to  exceed  three  in  all.  All  the  ballots  thus  returned 
shall  be  immediately  canceled,  and,  with  those  not  dis- 
tributed to  the  voters,  shall  be  returned  with  the  registered 
list  and  ballots,  as  now  provided  in  sections  one  thousand 
two  hundred  and  sixty-three  and  one  thousand  two  hun- 
dred and  sixty-four  of  this  code.  Every  elector  who  does 
not  vote  the  ballot  delivered  to  him,  shall,  before  leaving 
the  polling  place,  return  such  ballot  to  the  ballot  clerks 
having  charge  of  the  ballots,  who  shall  immediately  cancel 
the  same  and  return  them  in  the  same  manner  as  spoiled 
ballots.  The  ballot  clerks  shall  account  for  the  ballots 
delivered  to  them  by  returning  a  sufficient  number  of  un- 
used ballots  to  make  up  when  added  to  the  number  of 
official  bnllots  cast  and  the  number  of  spoiled  ballots  re- 
turned, the  number  of  ballots  given  to  them,  and  it  shall 
be  the  duty  of  the  officers  receiving  such  returned  ballots 
to  compel  such  an  accounting;  and  immediately  upon  the 
closing  of  the  polls,  and  before  any  ballot  shall  be  taken 
from  the  ballot  boxes,  or  either  thereof,  the  ballot  clerks 
must,  In  the  presence  of  all  persons  in  the  room  who  may 


251     -  ELECTION    TICKETS    AND    BALLOTS.  §  1208 

desire  to  observe  the  same,  proceed  to  deface  every  unused 
or  spoiled  ballot,  by  drawing  across  the  face  thereof,  in 
writing  ink,  with  a  pen,  two  lines  which  shall  cross  each 
other,  and  said  ballot  clerks  shall  thereupon  immediately, 
and  before  any  ballots  be  taken  from  the  ballot  box,  or 
either  thereof,  place  all  said  ballots  thus  defaced  within  an 
envelope  '•-  seal  said  envelope,  and  thereupon  a  majority 
of  the  election  officers  shall  immediately  write  their  names 
across  the  sealed  portion  of  said  envelope.  En.  March  12, 
1872.     Am'd.  1891,  175;  1895,  302. 

Cal.  Rep.  Cit.     46,  405;   91,  531;   108,  110. 

§  1208.  Illiterate  or  helpless  voters.  When  it  appears 
from  the  register  that  any  elector  has  declared  under  oath, 
when  he  registered,  that  he  cannot  read,  or  that  by  reason 
of  physical  disability  he  is  unable  to  mark  his  ballot,  he 
shall,  upon  request,  receive  the  assistance  of  two  of  the 
officers  of  election,  of  different  political  parties,  in 
the  marking  thereof,  to  be  chosen  as  follows:  One  by  the 
inspector  then  receiving  the  ballots,  and  the  other  by 
the  judge  of  the  opposite  political  party  which  at  the  last 
election  cast  the  highest  number  of  votes  throughout  the 
state,  and  in  the  event  there  are  more  judges  than  one 
of  said  party,  then  by  the  one  of  said  judges  who  shall 
be  named  by  said  inspector.  Neither  of  the  persons  ap- 
pointed shall  be  of  the  same  political  party  with  the  person 
appointing,  nor  shall  either  of  said  persons  so  making  said 
appointments  appoint  the  other  for  said  purposes.  Such 
officers  shall  thereafter  give  no  information  regarding  the 
marking  of  said  ballot.  The  officers  making  such  appoint- 
ments shall  make  the  same  in  writing,  and  sign  the  same, 
and  upon  the  same  paper  the  persons  so  appointed  shall 
subscribe  and  take  the  following  oath  before  assisting  such 
elector: 

State    of    California,    county    of   ,    assembly    district 

number  ,  precinct,  ss. 

and  ,  being  duly  sworn,  each  for  himself,  says 

that  he  is  one  of  the  officers  of  election  appointed  to 
assist  (here  insert  the  name  of  the  elector)  in  mark- 
ing his  ballot,  and  that  he  will  not  give  any  information, 
now  or  hereafter,  regarding  the  same. 

Subscribed  and  sworn  to  before  me,  this day  of , 

A.  D.  18—.  


§§  1209,  1210  ELECTION   TICKETS  AND  BALLOTS.  252 

Said  affidavit  may  be  sworn  to  before  any  officer  of  elec- 
tion competent  to  administer  an  oath,  and  the  same,  with 
the  indorsements  thereon,  shall  be  returned  to  the  county 
clerk,  as  provided  in  section  cne  thousand  two  hundred 
and  sixty-one  of  this  code. 

Lists  of  the  voters  who  have  been  assisted  in  marking 
their  ballots  shall  be  kept  by  the  clerks  keeping  the  poll 
lists,  and  shall  be  returned  and  preserved,  as  the  poll 
lists  are  returned  and  preserved.  As  amended  March 
twenty-third,  eighteen  hundred  and  ninety-three.  En. 
March  12,  1872.     Am'd.  1891,  175;   1893,  307;   1895,  302. 

Cal.   Rep.   Cit.     46,  405;    92,  136;    108,  113;    121,  482;    136, 
274;   145,  327;   145,  335. 

§  1209.  Removal  of  slip  from  ballot.  No  member  of  the 
board  of  election  shall  deposit  in  the  ballot  box  any  ballot 
from  which  the  slip  containing  the  number  of  the  ballot 
has  not  been  removed  by  the  inspector.  En.  March  12, 
1872.     Am'd.  1891,  175. 

§  1210.  Sample  ballots.  The  county  clerk  of  each 
county,  or,  in  case  of  separate  city  or  town  elections,  the 
clerk  or  secretary  of  the  legislative  body  of  such  city  or 
town,  shall  cause  to  be  printed,  on  plain  white  paper,  with- 
out watermark  or  indorsements  (except  the  words  "Sample 
Ballot"  printed  on  the  back),  at  least  as  many  copies  of 
the  form  of  ballot  provided  for  use  in  each  voting  precinct 
as  there  shall  be  registered  voters  in  such  precinct.  Such 
copy  shall  be  designated  "Sample  Ballot,"  and  shall  be 
furnished  to  registered  voters  at  the  office  of  such  clerk  or 
secretary  five  days  before  the  day  fixed  by  law  for  such 
election,  and  at  any  time  during  such  five  days;  provided, 
that  not  more  than  one  sample  ballot  shall  be  furnished 
to  any  one  voter.  Such  clerk  or  secretary  shall  cause  to 
be  printed,  in  large,  clear  type,  on  cards,  instructions  for 
the  guidance  of  electors  in  obtaining  and  marking  their 
ballots.  He  shall  furnish  one  such  card  to  every  registered 
voter  at  the  same  time  and  in  the  same  manner  that  he 
mails  the  sample  ballot,  as  set  forth  in  section  eleven 
hundred  and  ninety-lour;  and  twelve  such  cards  to  the 
board  of  election  in  each  election  precinct  in  his  county, 
at  the  same  time  and  in  the  same  manner  as  the  printed 
ballots  and  sample  ballots.  The  board  of  election  shall 
post  at  least  one  of  such  cards  in  each  booth  or  compart- 
ment provided  for  the  preparation  of  ballots,  and  not  less 
than  three  of  such  cards  at  other  places  in  and  about  the 


253  ELECTION    TICKETS    AND    BALLOTS.  8  1^11 

polling  place  on  the  day  of  election.  Section  twelve  hun- 
ared  and  fourteen  and  twelve  hundred  and  fifteen  of  this 
code,  and  section  sixty-one  of  the  Penal  Code,  shall  also 
be  printed  on  each  of  said  cards.  En.  March  12,  1872. 
Am'd.  1891,  175;    1899,  139. 

Cal.   Rep.   Cit.     103,   540. 

§  1211.     Canvassing    of    votes — Marked  or  spoiled  ballots. 

1.  In  canvassing  the  votes  any  ballot  which  is  not  made 
as  provided  in  this  act  shall  be  void;  but  each  ballot  must 
be  preserved  and  returned  with  the  other  ballots;  pro- 
vided, however,  that  two  or  more  impressions  of  the  voting 
stamp  in  one  voting  square,  or  a  cross  (X)  made  partly 
within  and  partly  without  a  voting  square  or  space  shall 
not  make  such  ballot  void.  Any  name  written  upon  a 
ballot  shall  be  counted  for  the  office  under  which  it  is 
written,  provided  it  is  written  in  the  "blank  column." 

2.  If  a  voter  marks  more  names  than  there  are  persons 
to  be  elected  to  an  office,  or  if,  for  any  reason,  it  is 
impossible  to  determine  the  voter's  choice  for  any  office  to 
be  filled,  his  ballot  shall  not  be  counted  for  such  office. 

3.  If  a  voter  stamps  in  a  circle  at  the  head  of  one  of  the 
party  columns,  and  also  stamps  in  the  voting  square  after 
the  name  of  any  candidate  in  the  same  or  any  other 
column,  or  writes  the  name  of  a  person  for  such  office  in 
the  blank  column,  such  act  does  not  invalidate  his  ballot, 
but  his  vote  must  be  counted  for  the  candidate  opposite 
whose  name  the  cross  is  made,  or  for  the  person  whose 
name  is  so  written  in  the  blank  column,  and  as  to  all  other 
officers,  the  ballot  must  be  counted  as  a  straight  party  vote 
for  the  candidates  for  the  offices  under  the  circle  stamped; 
where,  however,  there  are  two  or  more  persons  to  be 
elected  to  the  same  office,  and  the  voter  places  a  cross 
opposite  the  name  of  a  candidate  not  in  the  party  column 
beneath  the  circle  so  stamped,  or  writes  a  name  in  the 
blank  column  for  such  office,  then  the  ballot  cannot  be 
counted  for  the  candidates  for  such  office  designated  in 
the  voter's  party  column,  except  in  favor  of  those  opposite 
whose  names  he  also  stamps  a  ci'oss. 

4.  No  mark  upon  a  ballot  which  is  unauthorized  by  this 
act  shall  be  held  to  invalidate  such  ballot,  unless  it  shall 
appear  that  such  mark  was  placed  thereon  by  the  voter 
for  the  purpose  of  identifying  such  ballot. 

5.  If  the  name  of  the  same  pei'son  is  printed  more  than 
once  on  a  ballot  as  a  candidate  for  the  same  office,  the 


§§  1212-1215       ELECTION   TICKETS   AND   BALLOTS.  254 

placing  of  a  cross  opposite  such  name  in  more  than  one 
of  the  different  places  where  it  is  so  printed  must  not  be 
regarded  as  putting  a  distinguishing  mark  on  the  ballot, 
and  must  be  counted  only  as  one  vote  for  such  person. 
En.  March  12,  1872.  Am'd.  1891,  176;  1899,  140;  1903, 
149. 

Cal.  Rep.  Cit.  108,  108;  108,  113;  120,  653;  127,  56;  127, 
57;  136,  269;  136,  270;  136,  271;  136,  272;  136,  672; 
142,   372;    143,  470.     Suhd.   4—142,  600. 

§  1212.  Time  for  voting.  Any  person  entitled  to  vote  at 
a  general  election  held  within  this  state  shall,  on  the  day 
of  such  election,  be  entitled  to  absent  himself  from  any 
service  or  employment  in  which  he  is  then  engaged  or 
employed  for  the  period  of  two  consecutive  hours,  between 
the  time  of  opening  and  the  time  of  closing  the  polls;  and 
such  voter  shall  not,  because  of  so  absenting  himself,  be 
liable  to  any  penalty,  nor  shall  any  deduction  be  made  on 
account  of  such  absence  from  his  usual  salary  or  wages. 
En.  March  12,  1872.     Am'd.  1891,  176. 

§  1213.  Certificate  of  nomination,  destruction  of  or  false 
making  of.  No  person  shall  falsely  make  or  fraudulently 
deface  or  destroy  any  certificate  of  nomination,  or  any  part 
thereof,  or  file  any  certificate  of  nomination,  knowing  the 
same,  or  any  part  thereof,  to  be  falsely  made,  or  suppress 
any  certificate  of  nomination  which  has  been  duly  filed,  or 
any  part  thereof,  or  to  make,  use,  keep,  or  furnish  to 
others,  except  as  in  this  code  so  directed,  any  paper  water- 
mark in  imitation  of  ballot  paper,  or  disclose  the  same  to 
any  person  not  engaged  in  making,  printing,  or  distribut- 
ing of  ballot  paper  or  ballots.    En.  Stats.  1891,  178. 

§  1214.  Destruction  of  supplies.  No  person  shall,  dur- 
ing an  election,  remove  or  destroy  any  of  the  supplies  or 
other  conveniences  placed  in  the  voting  booths  or  com- 
partments, as  provided  in  this  code,  for  the  purpose 
of  enabling  the  voter  to  prepare  his  ballot.  No  person 
shall,  during  an  election,  remove,  tear  down,  or  deface 
the  cards  printed  for  the  instruction  of  voters.  En.  Stats. 
1891,  178. 

§  1215.  Disclosing  name  of  candidate — Electioneering, 
etc.  No  ofliccr  of  election  shall  disclose  to  any  person 
the   name  of  any   candidate   for    whom    any    elector    has 


255  ELECTION  TICKETS  AND  BALLOTS.  S  1216 

voted.  No  officer  of  elec.lon,  nor  any  person,  shall  do 
any  electioneering  on  election  day  within  one  hundred 
feet  of  any  polling  place.  No  person  shall  remove  any 
ballot  from  any  polling  place  before  the  closing  of  the 
poll.  No  person  shall  apply  for  or  receive  any  ballot  at 
any  election  precinct  other  than  that  in  which  he  is  en- 
titled to  •<-'-  No  person  shall  show  his  ballot  after  it 
is  marked  to  any  person  in  such  a  way  as  to  reveal  the 
contents  thereof,  or  the  name  or  names  of  the  candidate 
or  candidates  for  whom  be  has  marked  his  ballot;  nor 
shall  any  person,  except  a  member  of  the  board  of  election, 
receive  from  any  voter  a  ballot  prepared  by  such  voter, 
or  examine  such  ballot,  or  solicit  the  voter  to  show  the 
same.  No  person  shall  ask  another  at  a  polling  place 
for  whom  ue  intends  to  vote.  No  voter  shall  receive  a 
ballot  from  any  other  person  than  one  of  the  ballot 
clerks;  nor  shall  any  other  person  than  a  ballot  clerk 
deliver  a  ballot  to  such  voter.  No  voter  shall  deliver  to 
the  board  of  election,  or  to  any  member  thereof,  any  bal- 
lot other  than  the  one  he  has  received  from  the  ballot 
clerk.  No  voter  shall  place  any  mark  upon  his  ballot  by 
which  it  may  be  afterward  identified  as  the  one  voted  by 
him.  No  person  shall  solicit  a  vote  or  speak  to  a  voter 
on  the  subject  of  marking  his  ticket  within  one  hundred 
feet  of  the  polling  place.     En.  Stats.  1891,  178. 

Cal.  Rep.  Cit.  108,  108;  108,  109;  108,  110;  1^^,  653;  127, 
56;  127,  57;  134,  152;  136,  269;  136,  270;  136,  271;  136. 
271;   136,  269;   138,  20;   141,  415;   142,  5oo. 

§  1216.  Registrar  of  voters.  In  all  counties  and  cities 
and  counties  in  this  state  having  a  registrar  of  voters 
and  a  ■  --•- ^  of  election  commissioners,  the  powers  con- 
ferred and  the  duties  imposed  by  this  code  upon  the  coun- 
ty clerks  and  other  officers,  in  relation  to  matters  of  elec- 
tion and  polling  places,  shall  be  exercised  and  performed 
by  such  registrar  of  voters  and  board  of  election  commis- 
sioners, and  all  certificates  of  nomination  required  by 
this  code  to  be  made  to  county  clerks  shall  be  made  to 
the  registrar  of  voters.     En.  Stats.  1891,  178. 

Cal.  Rep.  Cit.     97,  84;^111,  305. 


§§  1224-1226  VOTING    AND    CHALLENGES.  tB» 

CiiAPTER   IX. 

VOTING    AND    CHALLENGES. 

§  12'2i.  Voting,    when   to   commence   and  continue. 

§  1225.  Manner  of  voting. 

§  1226.  Announcement    of   voter's   name,    etc. 

§  1227.  Putting  ballot  in  box. 

§  1228.  Record  that  perso.i  has  voted,   how  kept. 

§  1229.  Same. 

§  1230.  Grounds    of   challenge. 

§  1231.  Procee-dings   on    challenge   for   want    of   identity. 

§  1232.  Proceedings   on    challenge    for   nonresidence    in    state. 

§  1233.  Proceedings    on    challenge    for    nonresidence    in    precinct. 

§  1234'.  Proceedings  on  challenge  for  having  before  voted. 

§  1235.  Proceedings    for    conviction    of    crime    or    defalcation. 

§  1236.  Challenges,    how    determined 

§  1237.  Same. 

§  1238.  If    person    refuses   to   be   sworn,    vote   to    be   rejected. 

§  1239.  Rules  for  the  ■determination  of  questions   of  residence. 

§  1240.  Term    of    residence,    how    computed. 

§  1241.  Rules  must   be   read,    if  requested. 

§  1242.  Proceedings   upon    determination   of    challenge. 

§  1243.  List    of   challenges   to   be   kept. 

§  1224.     Voting,     when     to     commence     and     continue. 

Voting  may  commence  as  soon  as  the  polls  are  opened, 
and  may  be  continued  during  all  the  time  the  polls  re- 
main open.     En.  March  12,  1872. 

§  1225.  IVlanner  of  voting.  The  person  offering  to  vote 
must  hand  his  ballot  to  the  inspector,  or  to  one  of  the 
judges  acting  as  inspector,  and  announce  his  name  and 
the  number  affixed  to  it  on  the  register  in  use  at  the 
precinct  wnere  he  offers  his  vote;  provided,  that  in  incor- 
porated cities  and  towns  tne  said  person  shall  also  give 
the  name  of  the  street,  avenue,  or  location  of  his  resi- 
dence, ^"  '  ■  -  ""mber  thereof,  if  it  be  numbered,  or  such 
clear  and  definite  description  of  the  place  of  such  residence 
as  shall  definitely  fix  the  same.  En.  March  12,  1872.  Am'd. 
1875-G.  26;   1877-8.  26. 

Cal.  Rep.  Cit.     83,  76;    83,  77;    83,  79;   111,  423. 

Register  in  use,  printed  copies  to  be  posted:  Ante,  sec. 
1149.     Copies  not  to  be  torn  or  defaced:   Ante,  sec.  1150. 

§  1226.  Announcement  of  voter's  name,  etc.  The  in- 
spector, -Md^e  acting  as  such,  must  receive  the  ballot, 
and  before  depositing  it  in  the  ballot  box  must,  in  an 
audible  tone  of  voice,  announce  the  name  and  register 
numl)'"-  nrovided,  that  In  incorporated  towns  and  cities 
tiie   said   inspector,   or  judge  acting   as    such,    shall    also 


257  VOTING    AND    CHALLENGES.  §§  1227-1230 

announce  the  residence  of  the  person  voting,  and  the  same 
shall  be  recorded  on  the  poll  list  by  the  poll  clerk.     En. 
March  12,  1872.     Am'd.  1875-6,  26;  1877-8,  26. 
Cal.  Rep.  Cit.     83,  76;  83,  77;  83,  79. 

§  1227.  Putting  ballot  in  box.  If  the  name  be  found  on 
the  register  in  use  at  the  precinct  where  the  vote  is 
offered,  and  the  vote  is  not  rejected  upon  a  challenge 
taken,  the  inspector,  or  judge  acting  as  such,  must,  in 
the  presence  of  the  board  of  election,  place  the  ballot, 
without  opening  or  examining  the  same,  in  the  ballot  box; 
and  no  person  shall  be  allowed  to  vote  whose  name  is 
not  on  said  register  in  use  at  the  precinct.  En.  March 
12,  1872.     Am'd.  lo.3-4,  26;   1877-8,  26. 

Cal.  Rep.  Cit.     136,  276. 

Certified  copy  of  register,  prima  facie  evidence:  See 
ante,  sec.  1117. 

Challenge:  See  post,  sees.  1230  et  seq. 

§  1228.  Record  that  person  has  voted,  how  kept.  When 
the  ballot  has  been  placed  in  the  box,  one  of  the  judges 
must  write  the  word  "voted"  opposite  the  number  of  the 
person  on  the  printed  copy  of  the  register.  En.  March 
12,  1872.     Am'd.  1877-8,  27;  1880,  80. 

§  1229.  Same.  Each  clerk  must  keep  a  list  of  persons 
voting,  and  the  name  of  each  person  who  votes  must  be 
entered  thereon  and  numbered  in  the  order  of  voting. 
En.  March  12,  1872. 

Official  entry  as  prima  facie  evidence  of  facts  stated 
therein:  Code  Civ.  Proc,  sec.  1926. 

§  1230.  Grounds  of  challenge.  A  person  offering  to 
vote  may  be  orally  challenged  by  any  elector  of  the 
county  upon  either  or  all  Df  the  following  grounds: 

1.  That  he  is  not  the  person  whose  name  appears  on  the 
register. 

2.  That  he  has  not  resided  within  the  state  one  year 
next  preceding  the  election. 

3.  That  he  has  not  been  a  naturalized  citizen  of  the 
United  States  for  ninety  aays  prior  to  the  election. 

4.  That  he  has  not  resided  within  the  county  for  ninety 
days  preceding  the  election. 

5.  That  he  has  not  resided  within  the  precinct  for  thirty 
days  next  preceding  the  election. 

Pol.  Code— 17 


§§  1231,  1232  VOTING    AND    CHALLENGES.  258 

6.  That  lie  has  before  voted  that  day. 

7.  That  he  has  been  convicted  of  an  infamous  crime. 

8.  That  he  has  not  been  convicted  of  the  embezzlement 
or  misappropriation  of  public  money.  En.  March  12, 
1872.     Am'd.  1880,  80. 

List  of  challenges  to  be  kept:  Post,  sec.  1243. 

Subd.  1.  Identity:  See  post,  sees.  1231,  1236,  sub.  1, 
and  sec.  1237. 

Subd.  2.  One  year's  residence  in  state:  See  post,  sees. 
1232,  1237.  Residence  for  voting  purposes,  rules  for  de- 
termining place  of:  Post,  sec.  1239. 

Subd.  3.  Naturalization  for  ninety  days:  See  ante,  sec. 
1083  and  notes;   also,  see  post,  sec.  1237. 

Subd.  4.  Ninety  days'  residence  in  county:  See  ante, 
sec.  1083;   post,  sees.  1233,  1237. 

Subd.  6.  Previous  voting:  See  post.  sees.  1234,  1236, 
subd.  2. 

Subd.  7.  Conviction  for  infamous  crime:  See  ante, 
sec.  1084;   post,  sees.  1235,  1237. 

Subd.  8.  Conviction  for  embezzlement,  etc.:  See  ante, 
sec.  1084;  post,  sees.  1235,  1237. 

§  1231.     Proceedings  on  challenge  for  want  of  Identity. 

If  the  challenge  is  on  the  ground  that  he  is  not  the  person 
whose  name  appears  on  the  great  register,  the  inspector 
must  tender  him  the  following  oath: 

"You  do  swear  (or  affirm)  that  you  are  the  person 
whose  name  is  entered  on  the  great  register."  En.  March 
12,  1872. 

Taking  the  oath  tendered  determines  challenge  in  favor 
of  party  challenged:  Post,  sec.  1236,  subd.  1.  Necv'ssity 
of:  Post,  sec.  1237.  Refusal  bars  vote:  Post,  sec.  1238. 
See  also  Pen.  '^ode,  sec.  43. 

§  1232.  Proceedings  on  challenge  for  nonresidence  in 
state.  If  the  challenge  is  on  the  ground  that  he  has  not 
resided  ir  the  state  for  one  year  next  preceding  the  elec- 
tion, the  ■  -irson  challeged  must  be  sworn  to  answer  ques- 
tions, and  after  he  is  sworn  the  following  questions  must 
be  propo'     '  d  to  him  by  the  inspector: 

1.  Have  •  >u  resided  in  this  state  for  one  year  immedi- 
ately pr' ceding  this  election? 

2.  Have  you  been  absent  from  this  state  within  one 
year  Imrp-    ately  preceding  this  election?     If  yes,  then, 


259  VOTING   AND    CHALLENGES.  §§  1233,  123» 

3.  When  you  left  did  you  leave  for  a  temporary  pur- 
pose, with  the  design  of  returning,  or  for  the  purpose 
of  remaining  away? 

4.  Did  you,  while  absent,  regard  this  state  as  your  home? 

5.  Did  you,  while  absent,  vote  in  any  other  state? 

And  such  other  questions  as  may  be  necessary  to  a 
determination  of  the  challenge.  En.  March  12.,  1872. 
Am'd.  1880.  81. 

Before  administering  oaths  rules  may  be  read:  Post,  sec. 
1241. 

Refusal  to  be  sworn  or  to  answer  questions  is  misde- 
meanor: Pen.  Code,  sec.  43.  And  bars  vote:  Post,  sec. 
1238  of  this  code. 

Place  of  residence  of  elector,  rules  for  determining: 
Post,  sec.  1239. 

Challenge  tried  and  determined  by  board  of  election  at 
time  of  challenge:  Post,  sec.  1237.  Proceedings  after:  Post, 
sec.  1242. 

§  1233.  Proceedings  on  challenge  for  nonresidence  in 
precinct.  If  -the  challenge  is  on  the  ground  that  he  has 
not  resided  in  the  county  for  ninety  days,  or  precinct 
for  thirty  days  next  preceding  the  election,  the  person 
challenged  must  be  sworn  to  answer  questions,  and  after 
he  is  sworn,  the  following  questions  must  be  propounded 
to  him  by  the  inspector: 

1.  When  did  you  last  come  into  this  county  or  election 
precinct? 

2.  When  you  came  into  this  county  or  precinct,  did 
you  come  for  a  temporary  purpose,  merely,  or  for  the 
purpose  of  making  it  your  home? 

3.  Did  you  come  into  this  county  or  precinct  for  the 
purpose  of  voting  here? 

And  such  other  questions  as  may  be  necessary  to  a 
determination  of  the  challenge.  En.  March  12,  1872. 
Am'd.  1880,  81. 

§  1234.  Proceedings  on  challenge  for  having  before 
voted.  If  the  challenge  is  on  the  ground  that  the  person 
challegned  has  before  voted  that  day,  the  inspector  must 
tender  to  the  person  challenged  this  oath: 

"You  do  swear  (or  affirm)  that  you  have  not  before 
voted  this  day."     En.  March  12,  1872. 

Cal.  Rep.  Cit.     75,  628. 


§§  1233-1239  VOTING    AND    CHALLENGES.  280 

Taking  the  oath  tendered  defeats  challenge:  Post,  sec. 
1236,  subd.  2.     Refusal  bars  vote:   Post,  sec.  1238., 

Voting  twice,  or  oftener,  is  felony:  Pen,  Code,  sec.  45. 
Attempt  is  misdemeanor:   Pen.  Code,  sec.  46. 

§  1235.  Proceedings  for  conviction  of  crime  or  defalca- 
tion. If  the  chalienge  is  on  the  ground  that  the  person 
challenged  has  been  convicted  of  an  infamous  crime,  or 
that  he  has  been  convicted  of  the  embezzlement  or  mis- 
appropriation of  public  money,  he  must  not  be  questioned, 
but  the  fact  may  be  proved  by  the  production  of  an  au- 
thenticated copy  of  the  record,  or  by  the  oral  testimony  of 
two  witnesses.     En.  March  12,  1872.     Am'd.  1880,  81. 

§  1236.  Challenges,  how  determined.  Challenges  upon 
the  grounds  either: 

1.  That  the  person  challenged  is  not  the  person  whose 
name  appears  on  the  great  register; 

2.  That  the  party  has  before  voted  on  that  day — 

Are  determined  in  favor  of  the  party  challenged  by  his 
taking  the  oath  tendered.    En.  March  12,  1872. 

§  1237.  Same.  If  the  challenge  is  on  the  ground  that 
the  person  challenged  is  not  the  person  whose  name 
appears  on  the  great  register,  he  must  take  the  oath 
tendered  by  the  board.  Challenges  for  causes  other  than 
those  specified  in  the  preceding  section  must  be  tried 
and  determined  by  the  board  of  election  at  the  time  ol 
the  challenge.    En.  March  12,  1872.     Am'd.  1880,  81. 

§  1238.  If  person  refuses  to  be  sworn,  vote  to  be  re- 
jected. If  any  person  challenged  refuses  to  take  the  oaths 
tendered,  or  refuses  to  be  sworn  and  to  answer  the  ques- 
tions touching  the  matter  of  residence,  he  must  not  be 
allowed  to  vote.     En.  March  12,  1872. 

Refusal  to  be  sworn  or  to  answer  questions  is  misde- 
meanor: Pen.  Code,  sec.  43. 

§  1239.  Rules  for  the  determination  of  questions  of 
residence.  The  board  of  election,  in  determining  the 
place  of  residence  of  any  person,  must  be  governed  by 
the  following  rules,  as  far  as  they  are  applicable: 

1.  That  place  must  be  considered  and  held  to  be  the 
residence  of  a  person  in  which  his  habitation  is  fixed,  and 


-CI  VOTING  AND   CHALLENGliS.  §  mv 

to  Which,  whenever  he  is  absent,  he  has  the  intention  of 
returning; 

2.  A  person  must  not  be  held  to  have  gained  or  lost 
residence  bj'  reason  of  his  presence  or  absence  from  a 
place  while  employed  in  the  service  of  the  United  States, 
or  of  this  state,  nor  while  engaged  in  navigation,  nor 
while  a  student  at  any  institution  of  learning,  nor  while 
kept  in  an  almshouse,  asylum,  or  prison; 

3.  A  person  must  not  be  considered  to  have  lost  his 
residence  who  leaves  his  home  to  go  into  another  state, 
or  precinct  in  this  state,  for  temporary  purposes  merely, 
with  the  intention  of  returning; 

4.  A  person  must  not  be  considered  to  have  gained  a 
residence  in  any  precinct  into  which  he  comes  for  tem- 
porary purposes  merely,  without  the  intention  of  making 
such  precinct  his  home; 

5.  If  a  person  remove  to  another  state  with  the  in- 
tention of  making  it  his  residence,  he  loses  his  residence 
in  this  state; 

6.  If  a  person  remove  to  another  state  with  the  inten- 
tion of  remaining  there  for  an  indefinite  time,  and  as 
a  place  of  present  residence,  he  loses  his  residence  in  this 
state,  notwithstanding  he  entertains  an  intention  of  return- 
ing at  some  future  period; 

7.  The  place  where  a  man's  family  resides  must  be  held 
to  be  his  residence;  but  if  it  be  a  place  for  temporary 
establishment  for  his  faipily,  or  for  transient  objects  it  is 
otherwise; 

8.  If  a  ma?,  uave  a  family  fixed  in  one  place,  and  he 
does  business  in  another,  the  former  must  be  considered 
his  place  of  residence;  but  any  man  having  a  family,  and 
who  has  taken  up  his  abode  with  the  intention  of  remain- 
ing, and  whose  family  does  not  so  reside  with  him,  must 
be  regarded  as  a  resident  where  he  has  so  taken  up  his 
abode; 

9.  The  mere  intention  to  acquire  a  new  residence,  with- 
out the  fact  of  removal,  avails  nothing;  neither  does  the 
fact  of  removal,  without  the  intention.  En.  March  12, 
1872.     Am'd.  1873-4,  26;    1897,  191. 

Cal.  Rep.  Cit.     83,  82;  120,  638.     Subd.  4—145,  328.     Subd. 

9—145,  328;   145,  691. 
Questions  as  to  residence:  Ante,  sees.  1232,  1233. 


§§  1240-1243    CANVASSING    AND    RETURNING    THE    VOTE.  262 

Compare  with  this  section,  rules  for  determining  place 

of  residence  generally:  Ante,  sec.  52. 

Term  of  residence,  how  computed:   Post,  sec.  1240, 
Subd.   2.     Constitutional   basis:   See  Const.   Cal.,  art.   11, 

sec.  4. 

§  1240.  Term  of  residence,  how  computed.  The  term 
of  residence  must  be  computed  by  including  the  day  on 
which  the  person's  residence  commenced,  and  by  ex- 
cluding the  day  of  the  election.     En.  March  12,  1872. 

§  1241.  Rules  must  be  read,  if  requested.  Before  ad- 
ministering an  oath  to  a  person  touching  his  place  of 
residence,  the  inspector  must,  if  requested  by  any  person, 
read  to  the  person  challenged  the  rules  prescribed  by  sec- 
tions 1238  and  1239.     En.  March  12,  1872. 

Oath  touching  place  of  residence:   Ante,  sees.  1232,  1233. 

§  1242.     Proceedings    upon     determination     of  challenge. 

If  the  challenge  is  determined  against  the  person  offering 
to  vote,  the  ballot  offered  must,  without  examination, 
be  returned  to  him;  if  determined  in  his  favor,  the  ballot 
must  be  deposited  in  the  ballot  box.     En.  March  12,  1872. 

§  1243.  List  of  challenges  to  be  kept.  The  board  r  ust 
cause  one  of  the  clerks  to  keep  a  list,  showing: 

1.  The  names  of  all  persons  challenged: 

2.  The  grounds  of  such  challenges; 

3.  The  determination  of  the  board  upon  the  challenge. 
En.  March  12.  1872. 

CHAPTER  X. 

CANV.\SSING    AND    RETURNING   THE    VOTE. 

§   IL'."..'.  I'anvass   to    be    i>ubic   and    without   adjournment. 

5  )2.".:i.  Canvass,    how   commenced. 

S  1254.  BaUots  must  be  made  to  agree  with  names  on  the  list. 

$  lS)u.  Uallois.    d'JBtruction   of  number   in   excess  of  names  on   lists. 

§  12.'>ti.  Sanu'. 

8  12.'j7.  Counting  the   votes. 

§  1258.  Tallies. 

8  12."9.  Tlcl<ftH   to   be   strung   and   inclosed   in   sealed   envelopes. 

8  laiO.  Return    list. 

8  U'«l.  Certain    pajx-rs   to  bo   sealed   up. 

8  1262.  InKiM'ctor    to    kiep    certain    papers. 

8  1263.  Returns  and  ballots  to  be  delivered  to  a  member  of  the  board. 


263  CANVASSING   AND    RETURNING   THE    VOTE.     §§1252-1254 

§  1264.    To   whom  ballots   to  be   delivered;   how   sealed. 

§  1264a.  Delivery    and    custody    of    roster    of    voters,    after    election;    to 

apply   to   all   elections. 
§  1265.     Clerk  to  keep  ballots  unopened. 

§  1266.    When    package    containing    ballots    may   be    destroyed. 
§  1267.     Returns   to   be   delivered   by    clerk   to   supervisors. 
§  1268.     Copy   of  register   to  be   filed   In   county  clerk's   ofBce. 

§  1252.     Canvass  to  be  public  and  without  adjournment. 

As  soon  as  the  polls  are  finally  closed  the  judges  must 
immediately  proceed  to  canvass  the  votes  given  at  such 
election.  The  canvass  must  be  public,  in  the  presence 
of  bystanders,  and  must  be  continued  without  adjournment 
until  completed  and  the  result  thereof  is  declared.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     ill,  421;  111,  423. 

§  1253.  Canvass,  how  commenced.  The  canvass  must 
be  commenced  by  taking  out  of  the  box  the  ballots  un- 
opened (except  so  far  as  to  ascertain  whether  each  ballot 
is  single),  and  counting  the  same  to  ascertain  whether  the 
number  of  ballots  corresponds  with  the  number  of  names 
on  the  list  of  voters  kept  by  the  clerks.  In  the  city  and 
county  of  San  Francisco,  at  the  closing  of  the  polls,  the 
inspector  must  administer  to  the  additional  members 
of  the  board  of  canvassers  the  oath  prescribed  in  section 
one  thousand  one  hundred  and  forty-eight,  and  likewise 
to  two  clerks  appointed  by  such  additional  members. 
He  must  then  proceed  to  take  out  of  the  box  the  ballots, 
unopened,  one  at  a  time,  numbering  them  on  the  backs 
in  numerical  order,  commencing  with  number  one,  and 
writing  with  ink  the  initials  of  his  own  name  upon  the 
back  of  each  ballot  as  taken  out.  He  shall  pass  each  bal- 
lot, as  soon  as  thus  indorsed,  to  the  additional  inspector, 
who  must,  in  like  manner,  write  thereon  the  initials  of 
his  own  name,  so  that  each  ballot  can  be  subsequently 
identified  by  either  or  both  such  inspectors.  En.  March 
12.  1872.     Am'd.  1873-4,  28. 

Cal.  Rep.  Cit.     Ill,  422. 

List  of  voters:  Ante,  sec.  1229. 

§  1254.  Ballots  must  be  made  to  agree  with  names  on 
the  list.  If  two  or  more  separate  ballots  are  found  so 
folded  together  as  to  present  the  appearance  of  a  single 
ballot,  they  must  be  laid  aside  until  the  count  of  the  bal- 
lots is  completed;  then,  if  upon  comparison  of  the  count 
with  the  number  of  names  of  electors  on  the  lists  which 
have  been  kept  by  the  clerks,  it  appears  that  the  two  bal- 


§§  1255-1258    CANVASSING    AND    RETURNING    THE    VOTE.  Wi 

/ 

lots  thus  folded  together  were  cast  by  one  elector,  /they 
must  be  rejected.    En.  March  12,  1872.     Am'd.  1873-4,  29. 

§  1255.  Ballots,  destruction  of  number  in  excess  of 
names  on  lists.  The  ballots  must  be  Immediately  replaced 
in  the  box,  and  if  the  ballots  in  the  box  exceed  in  number 
the  names  on  the  lists,  one  of  the  judges  must  publicly,  and 
without  looking  into  the  box,  draw  out  therefrom  singly, 
and  destroy,  unopened,  a  number  of  ballots  equal  to  such 
excess;  and  the  board  of  election  must  make  a  record,  upon 
the  poll  list,  of  the  number  of  ballots  so  drawn  and  de- 
stroyed.    En.  March  12,  1872.     Am'd.  1873-4.,  29;   1905,  194. 

§  1256.  Sam.e.  The  number  of  ballots  agreeing  or  be- 
ing thus  made  to  agree  with  the  number  of  names  on 
the  lists,  the  lists  must  be  signed  by  the  members  of  the 
board  and  attested  by  the  clerks,  and  the  number  of  names 
thereon  must  be  set  down  in  words  and  figures  at  the 
foot  of  each  list,  and  over  the  signatures  of  the  judges 
and  the  attestation  of  the  clerks,  substantially  in  the 
form  prescribed  in   section  1174.    En.  March  12,  1872. 

§  1257.  Counting  the  votes.  After  the  lists  are  thus 
signed,  the  board  must  proceed  to  open  the  ballots,  and 
count  and  ascertain  the  number  of  votes  cast  for  each  per- 
son voted  for.  At  all  elections  where  a  general  ticket  and 
a  municipal  ticket  are  used,  the  canvass  of  the  general 
ticket  shall  be  completed  before  the  canvass  of  the  muni- 
cipal ticket  is  commenced.  All  ballots  rejected  for  il- 
legality must  be  indorsed  upon  the  ballot  the  cause  of 
such  rejection  and  signed  by  a  majority  of  the  election 
board,  and  thereafter  strung  upon  a  string.  En.  March 
12,  1872.     Am'd.  1889.  109;  1891,  176;  1893,  308;   1899,  140. 

§  1258.  Tallies.  Each  clerk  must  write  down  each  of- 
fice to  be  filled,  and  the  name  of  each  person  marked  in 
each  ballot  as  voted  for  to  fill  such  office,  and  keep  the 
number  of  votes  by  tallies,  as  they  are  read  aloud.  Such 
tallies  must  be  made  with  pen  and  ink,  and  immediately 
uijon  the  completion  of  the  tallies  the  clerks  who  re- 
spectively complete  the  same  must  draw  two  heavy  lines 
In  ink  from  the  last  tally  mark  to  the  end  of  the  line 
In  which  such  tallies  terminate,  and  also  write  the  initials 
of  the  person  making  the  last  tally  in  such  line.  En. 
March  12,  1872.     Am'd.  1889,  110;   1891,  177;  1895,  303. 

Cal.  Rep.  Clt.    13G,  400. 


26t.  CANVASSING  AND  RETURNING  THE  VOTE.    9S  1269-1262 

§  1259.  Tickets  to  be  strung  and  inclosed  In  sealed- 
envelopes.  The  ballot,  as  soon  as  the  n^mes  marked  on 
it  as  rotei  for  are  read  and  verified,  must  be  strung  on  a 
string  by  one  of  the  judges  and  must  not  thereafter  be 
examined  by  any  person,  but  must,  as  soon  as  all  are 
counted,  be  carefully  sealed  in  a  strong  envelope,  each 
member  of  the  board  writing  his  name  across  the  seal. 
En.  March  12,  1872.     Am'd.  1889,  11;  1891,  177;  1899,  141. 

Cal.  Rep.  Cit.     G7,  306;  97,  86. 

§  1260.  Return  list.  As  soon  as  all  the  votes  are 
counted  and  the  tickets  sealed  up,  lists  must  be  attached  to 
the  tally  lists,  containing  the  names  of  persons  voted  for 
and  for  what  office,  and  the  number  of  votes  given  for 
each  candidate,  the  number  being  written  at  full  length, 
and  such  lists  must  be  signed  by  the  members  of  the  board, 
and  attested  by  the  clerks,  substantially  in  the  form  in 
section  1174  given.    En.  March  12,  1872. 

§  1261.    Certain    papers  to   be    sealed     up.     The   board 

must,  before  it  adjourns,  inclose  in  a  cover,  and  seal  up 
and  direct  to  the  county  clerk,  the  copy  of  the  register 
upon  which  one  of  the  judges  marked  the  word  "voted" 
as  the  ballots  were  received,  all  certificates  of  registration 
received  by  it,  one  of  the  lists  of  the  persons  challenged, 
one  copy  of  the  list  of  voters,  and  one  of  the  tally  lists 
and  list  attached  thereto.  The  board  must  also,  before 
it  adjourns,  post  conspicuously,  on  the  outside  of  the 
polling  place,  a  copy  of  the  result  of  the  votes  cast  at 
such  polling  place;  such  copy  of  the  result  must  be  signed 
by  the  members  of  the  board,  and  attested  by  the  clerks. 

The  board  must  also  immediately  transmit  unsealed  to 
the  county  clerk  a  copy  of  the  result  of  the  votes  cast 
at  such  polling  place,  which  copy  must  be  signed  by  the 
members  of  the  board,  and  which  copy  shall  be  open  to 
the  inspection  of  the  public.  It  shall  be  a  misdemeanor 
for  any  person  to  remove  or  deface  such  posted  copy  of 
the  result  or  to  delay  or  change  the  copy  to  be  delivered 
to  the  county  clerk.  En.  March  12,  1872.  Am'd.  1873-4, 
29;  1899,  63;  1899,  83;  1901,  5. 

Cal.  Rep.  Cit.    132,  284;  143,  337. 

§  1262.     Inspector  to  keep  certain  papers.     The  inspector 

must   retain,   open   to   the   inspection   of   all   electors,   for 
at  least  six   months,  the  other  list  of  voters,  tally  list, 
and  list    attached    thereto.    En.    March    12,  1872.    Am'd. 
1873-4,  30. 
Cal.  Rep.  Cit.    132,  284. 


§§  1263-1264a     CANVASSING  AND   RETURNING   THE   VOTE.  7fi 

§  1263.  Returns  and  ballots  to  be  delivered  to  a  menTber 
of  the  board.  The  sealed  packages  containing  the  regis- 
ter, lists,  papers,  and  ballots,  must,  before  the  board  ad- 
journs, be  delivered  to  one  of  its  number,  to  be  deter- 
mined by  lot,  unless  otherwise  agreed  iipon.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     132,  284. 

§  1264.    To  whom  ballots  to  be  delivered;   how  sealed. 

The  member  to  whom  such  packages  are  delivered,  must, 
without  'delay,  deliver  such  packages  without  their  having 
been  opened,  to  the  county  clerk,  nearest  postmaster,  or 
sworn  express  agent,  who  shall  indorse  on  such  packages 
the  name  of  the  party  delivering  them,  and  date  of  such 
delivery.  If  delivered  to  a  postmaster  or  express  agent, 
such  postmaster  or  express  agent  shall  forward  the  pack- 
ages by  the  first  mail  or  express  to  the  county  seat.  In 
the  city  and  county  of  San  Francisco,  such  packages  must 
be  delivered  to  the  registrar  of  voters  within  three  hours 
from  the  time  of  adjournment  of  the  board,  which  time  of 
adjournment  must  be  indorsed  upon  such  package,  and 
upon  each  poll  list,  in  ink,  and  signed  by  a  majority  of 
the  members  of  such  board.  In  the  city  and  county  of  San 
Francisco  the  packages  must  be  put  up  and  sealed  in  the 
following  manner,  by  an  inspector,  and  at  least  three 
other  members  of  the  board,  and  be  signed  with  their  re- 
spective signatures  across   (flap)  the  same  written. 

One  package  to  contain  the  voted  ballots  only;  one  pack- 
age to  contain  one  poll  and  tally  list  only;  one  package  to 
contain  the  precinct  registers,  index  to  register,  list  ot 
voters  challen'ged,  and  list  of  assisted  voters;  and  one 
package  to  contain  the  unused  ballots.  En.  March  12,  1872. 
Am'd.  1873-4,  30;  1893,  308;   1905,  194. 

Cal.  Rep.  Cit.     143,  471. 

§  1264a.  Delivery  and  custody  of  roster  of  voters  after 
election;  to  apply  to  all  elections.  The  board  of  election 
must  before  it  adjourns,  enclose  in  a  cover  and  seal  up 
and  direct  to  the  county  clerk  or  to  the  registrar  of  vot- 
ers, in  counties  or  cities  and  counties  in  this  state  having 
a  registrar  of  voters,  the  roster  of  voters  and  such  sealed 
package  containing  such  roster  of  voters  must  be  delivered 
to  that  one  of  its  members  who  has  been  selected  to  de- 
liver the  other  sealed  packages  required  by  law.  This 
member  must,  without  delay,  deliver  the  pacliage  contain- 
ing the  roster  of  voters  without  its  having  been  opened  In 
the  same  manner  and  to  the  same  persons  and  officials  as 


267  CANVASSING    AND    RETURNING   THE    VOTE.  §  12fi5 

he  is  required  by  law  to  deliver  the  other  sealed  packages 
entrusted  to  him  by  said  board.  All  rosters  of  voters  must 
be  kept  in  the  office  of  the  county  clerk  or  in  the  office  of 
the  registrar  of  voters  in  counties  and  cities  and  counties 
having  a  registrar  of  voters,  as  a  public  record,  for  a  period 
of  one  year  and  when  received  by  such  county  clerk  or 
registrar  of  voters,  all  packages  containing  such  rosters  of 
voters  shall  be  unsealed  and  such  rosters  of  voters  shall 
at  all  times  be  open  to  the  inspection  of  any  citizen.  The 
provisions  of  this  section  shall  apply  to  all  rosters  of  vot- 
ers whether  used  at  elections  or  primary  elections.  En. 
Stats.  1905,  633. 

§  1265.  Clerk  to  keep  ballots  unopened.  On  receipt  of 
the  packages  the  clerk  must  file  the  one  containing  ballots 
and  must  keep  it  unopened  and  unaltered  for  twelve 
months,  after  which  time,  if  there  is  not  a  contest  com- 
menced in  some  tribunal  having  jurisdiction  about  such 
election,  he  must  burn  the  package  without  opening  or 
examining  its  contents;  provided  how^^^"-  that  after  the 
time  limited  for  a  contest,  and  in  the  event  any  contests 
have  been  commenced,  then  after  said  ballots  have  been 
opened  and  counted  by  the  superior  court  in  said  contests, 
a  judge  of  the  superior  court  of  the  county  wherein  said 
ballots  were  voted  may  order  said  packages  to  be  opened 
for  inspection  in  any  case  being  tried  in  his  court  where 
he  has  jurisdiction  of  the  same,  whenever  he  shall  deem 
it  necessary  to  inspect  the  ballots  contained  in  said  pack- 
ages in  order  to  produce  testimony  to  establish  the  proof 
of  any  material  issue  of  fact  arising  in  the  course  of  the 
trial  of  said  case.  In  no  event  shall  the  said  packages, 
or  any  of  them,  or  in  ballots  contained  therein,  be  taken 
from  the  custody  of  the  county  clerk.  Whenever  said 
packages,  or  any  of  them,  shall  have  been  Inspected  and 
examined,  -'d  a  record  made  of  the  testimony  therein 
contain"'  -  same  shall  be  restored  to  the  exclusive  con- 
trol and  cMstody  of  the  county  clerk,  who  snail  reseal 
the  packages  with  the  ballots  contained  therein,  and  keep 
the  same  until  he  shall  burn  them,  in  accordance  with 
the  Qirectiin  of  this  section;  provided  further,  that  if  in 
any  congressional  district  within  this  state  there  has 
been  or  shall  be  filed  a  contest  of  the  election  of  any  per- 
son declared  to  have  been  elected  a  member  of  congress, 
and  the  county  clerk  or  registrar  of  voters  in  any  county 
or  city  s"  county  be  notified  by  the  contestant,  that 
such   n-nT-'-sional   election  contest  is  pen'''^g,   then   and 


§§  1266-12CS    CANVASSING   AND    RETURNING   THE    VOTE.  268, 

in  that  case  such  county  clerk  or  registrar  of  voters  shall 
not  destroy  the  ballots  in  that  county  or  city  and  county, 
or  in  the  part  or  portion  thereof  within  such  congressional 
distr'  '  In  wmch  such  con+pp+  is  pending,  until  the  final 
determination  of  such  contest  before  the  house  of  rep- 
resentatives of  the  congress  of  the  United  States;  and 
such  county  clerk  or  registrar  of  voters  shall  hold  such 
ballots  in  his  custody  subject  to  the  inspection  of  any  com- 
mittee ^f  the  house  of  rerir"-  —  ■^-■^Ur^^a  or  sub-committee 
thereof,  having  in  charge  the  investigation  of  such  contest, 
and  shall  produce  such  ballots  for  examination  before  any 
such  committee  of  the  '  of  representatives  or  sub- 
committee or  before  any  commissioner  designated  by 
such  congressional  committee  or  sub-committee  or  before 
any  ofiicer  designated  by  act  of  congress  and  duly  selected 
to  take  depositions  and  proof  in  any  such  contest  of  the 
election  of  any  person  to  congress.  En.  Marcn  12,  1872. 
Am'd.  1893,  309;   1903,  42. 

Cal.  Rep.  Cit.     80,  361;   97,  86;   143,  341;    143,  471. 

Contest:   See  Code  Civ.  Proc,  sees.  1111-1127. 

§  1266.  When  package  containing  ballets  may  be  de- 
stroyed. If  within  twelve  months  there  is  such  a  contest 
commenced,  he  must  keep  the  package  unopened  and  un- 
altered until  it  is  finally  deetrmined,  when  he  must,  as 
provided  in  tne  preceding  section,  destroy  it,  unless  such 
package  is,  by  virtue  of  an  order  of  the  tribunal  in  which 
the  contest  is  pending,  brought  and  opened  before  it,  to 
the  end  that  evidence  may  be  had  of  its  contents,  in  which 
event  the  package  and  contents  are  in  the  custody  of  such 
tribunal.     En.    March    12,    1872. 

Cal.  Rep.  Cit.     67,  306;    80,  361;    97,  86;    97,  89;    111,  423. 

§  1267.     Returns  to  be  delivered  by  clerk  to  supervisors. 

The  other  pacKage  the  clerk  mnat  produce  before  the  board 
of  supervisors,   when   it  is   in   session   for  the   purpose  of 
canvassing  returns.     En.  March  12,  1872. 
Canvassing  returns:  See  post,  sees.  1278-1280. 

§  1268.  Copy  of  register  to  be  filed  in  county  clerk's  of- 
fice. As  soon  as  the  returns  are  canvassed  the  clerk  must 
take  the  copy  of  the  register  returned  and  file  it  in  his 
office.     En.   March   12,  1872. 

Cal.  Rep.  Cit.     Ill,  131;    132,  284. 


CANVASS   OF    RETURNS.  §§  1278-1281 


CH^rx'ER  XI. 

CANVASS     OF     RETURNS— DECLARATION     OF     RESULT— COMMIS- 
SIONS    AND    CERTIFICATES    OF    ELECTION. 

§  127S.  Meeting   of   supeivi.-  ts   to    canvass   returns. 

§  1279.  Samp.     (Repealerl.^ 

ii  1280.  Same. 

S  1281.  Canvass,    how    made. 

§  12S2.  Statement   ol'  result   to  be  entered  of  record. 

§  1283.  Decl.iration    of    res-ult. 

§  1284.  Certificates   issued   by   clerk. 

§  12S5.  Disliict   returns,    how   made   up. 

§  1286.  How    transmitted. 

§  1287.  Duty  of  clerlis  receiving  district  returns. 

§  1288.  State   returns,    how   made. 

§  1289.  How    transmitted. 

§  1290.  Duty   of   secretaiy   of   state   relative   to. 

§  1291.  Commissions    issued    by    governor. 

§  1292.  Returns  of  election  for  governor  an-d  lieutenant-governor,  how 
made. 

§  1293.  How    transmitted. 

§  1294.  Same. 

§  129.").  Same. 

§  1296.  Canvass  of  returns  of  election  for  governor  and  lieutenant- 
governor. 

§  1297.  Defects   in   form   of  returns,    when   to   be   disregarded. 

§  1278.     Meeting  of  supervisors  to  canvass  returns.     The 

board  of  supervisors  of  each  county  must  meet,  at  their 
usual  place  of  meeting,  on  the  first  Monday  after  each 
election,  to  canvass  the  returns.  En.  March  12,  18(2. 
Am'd.  xoci,  119. 

Cal.  Rep.  Cit.     52,  9;   52,  21;   111,  131;   132,  284. 

§  1279.     Same.     (Repealed.)     En.  March  12,  1872.    Rep. 
1887,  119. 
Cal.  Rep.  Cit.     52,  21. 

§  1280.  Same.  If  at  the  time  of  meeting,  the  returns 
from  each  precinct  in  the  county  in  which  polls  were 
opened  have  been  received,  the  board  must  then  and  there 
proceed  to  canvass  the  returns;  but  if  all  the  returns  have 
not  been  received  the  canvass  must  be  postponed  from  day 
to  day  until  all  the  returns  are  received,  or  until  six  post- 
ponements have  been  had.    En.  March  12,  1872. 

Cal.  Rep.  Cit.  52,  9;  52,  21;  111,  131;  132,  284;  132, 
285. 

§  1281.  Canvass,  how  made.  The  canvass  must  be 
made  m  public,  and  by  opening  the  returns  and  estimating 


§§  1282-1285  ONVASS    OF   RETURNS.  /?0 

the  vote  of  such  county  or  township  for  each  person  voted 
for,  and  for  and  against  each  proposition  voted  upon  at 
such  el-^-c^  on,  and  declaring  the  result  thereof;  and  such 
count  must  be  continued  daily,  Sundays  and  holidays  ex- 
cepted, and  for  not  less  than  six  (6)  hours  each  and  every 
day  until  completed.  En.  March  12,  1872.  Am'd.  1899,  66. 
Cal.  Rep.  Cit.     52,  4;   52,  9;   52,  21;  111,  131;   141,  561. 

§  1282.     Statement  of    result  to  be    entered    of    record. 

The  clerk  o.  the  board  must,  as  soon  as  the  result  is  de- 
clared, enter  on  the  records  of  such  board  a  statement  of 
such  result,  which  statement  must  show: 

1.  The  whole  number  of  votes  cast -in  the  county; 

2.  The  names  of  the  persons  voted  for,  and  the  proposi- 
tiorio  Trr-f-  -  

3.  The  office  to  fill  which  each  person  was  voted  for; 

4.  The  number  of  votes  given  at  each  precinct  to  each 
of  such  persons,  and  for  and  against  each  of  such  propo- 
sitions; , 

5.  The  number  of  votes  given  in  the  county  to  each  of 
such  and  for  and  aeainst  each  of  such  proposi- 
tions voted  upon.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  9;   52,  21;   111,  130;   132,  285. 

§  1283.  Declaration  of  result.  The  board  must  declare 
elected  the  person  having  the  highest  number  of  votes 
given  for  each  office  to  be  filled  by  the  votes  of  a  single 
county  or  subdivision  thereof.     En.   March   12,   1872. 

Cal.  Rep.  Cit.     85,  512. 

Irregularities  or  defect  or  informality  in  return:  Post, 
sec.  1297. 

§  1284.  Certificates  issued  by  clerk.  The  county  clerk 
must  immediately  make  out  and  deliver  to  such  person 
(except  to  the  person  elected  superior  judge)  a  certificate 
of  election  signed  by  him,  and  authenticated  with  the  seal 
of  the  superior  court.  En.  March  12,  1872.  Am'd.  1880,  20; 
1880,  82. 

Cal.   Rep.  Cit.     85,  512;    127,  350. 

§  1285.  District  returns,  how  made  up.  When  there  are 
officers,  other  than  representativts  in  congress,  members 
of  the  state  board  of  equalization,  and  railroad  commis- 
sioners voted  for,  who  are  chosen  by  the  electors  of  a 
district  composed  of  two  or  more  counties,   each  of  the 


271  CANVASS   OF   RETUHNS.  SS  1286-128S 

county  clerks  of  the  counties  composing  such  district,  im- 
mediately after  making  out  the  statement  specified  in  sec- 
tion twelve  hundred  and  eighty-two,  must  make  a  certified 
abstract  of  so  much  thereof  as  relates  to  the  election  of 
such  officers.     En.  March  12,  1872.     Am'd.  1880,  82. 

§  1286.  How  transmitted.  The  clerk  must  seal  up  such 
abstract,  indorse  it  "Election  Returns,"  and,  without  de- 
lay, transmit  the  same  by  mail  to  the  county  clerk  of  the 
county  which  stands  first  in  alphabetical  arrangement  in 
the  list  of  counties  composing  such  district.  En.  March 
12,  1872. 

§  1287.  Duty  of  clerks  receiving  district  returns.-  The 
clerk  to  whom  the  election  returns  of  a  district  are  made, 
must,  on  the  twentieth  day  after  such  election,  or  sooner, 
if  returns  from  all  the  counties  in  the  district  have  been 
receive,  open  in  public  such  returns,  and  from  them  and 
the  statement  of  the  vote  for  such  officers  in  his  own 
county: 

1.  Make  a  statement  of  the  vote  of  the  district  for  such 
ofiicers,  and  file  the  same,  together  with  the  returns,  in 
his  office; 

2.  Transmit  a  certified  copy  of  such  statement  to  the 
Secretary  of  State; 

3.  Make  out  and  deliver,  or  transmit  by  mail,  to  the 
persons  elected  a  certificate  of  election  (unless  it  is  by  law 
otherwise  provided).     En.   March   12,   1872. 

§  1288.  State  returns,  how  made.  When  there  has  been 
a  general  or  special  election  of  officers  chosen  by  the 
electors  of  the  state  at  large,  or  for  judicial  officers  (ex- 
cept justices  of  the  peace),  or  for  members  of  the  state 
board  of  equalization,  or  for  railroad  commissioners,  or 
for  senators  and  members  of  the  assembly,  each  county 
clerk,  so  soon  as  the  statement  of  the  vote  of  his  county 
is  made  out  and  entered  upon  the  records  of  the  board 
of  supervisors,  must  make  out  a  certified  abstract  of  so 
must  thereof  as  relates  to  the  votes  given  or  cast  for 
persons  for  said  offices  to  be  filled  at  such  election.  When- 
ever there  is  a  general  or  special  election  held  within  this 
state,  and  any  proposed  constitutional  amendment  or 
proposition  to  be  voted  for  by  the  election  of  the  state  at 
large,  each  county  clerk  so  soon  as  the  statement  of  the 
vote  is  made  out  and  entered  upon  the  record  of  the  board 
of  supervisors,  must  make  out  a  certified  abstract  of  such 
vote.     En.  March  12,  1872.     Am'd.  1880,  82;   1901,  289. 

Cal.  Rep.  Cit.    52,  5;  52,  6;  52,  7;  52,  22;  52,  25. 


§§  1289-1293  CANVASS   OF   RETURNS.  272 

§  1289.  How  transmitted.  The  clerk  must  seal  up  such 
abstract,  indorse  it  "Election  Returns,"  and  without  delay 
transmit  it  by  mail  to  the  Secretary  of  State.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     52,  22. 

§  1290.  Duty  of  secretary  of  state  relative  to.  On  the 
fortieth  day  after  the  day  of  election,  or  so  soon  as  the 
returns  have  been  received  from  all  the  counties  of  the 
state,  if  received  within  that  time  (except  in  this  code 
otherwise  provided),  the  Secretary  of  State  must  compare 
and  estimate  the  vote,  and  make  out  and  file  in  his  office 
a  statement  thereof,  and  transmit  a  copy  of  such  statement 
to  the  governor,  except  in  the  cases  of  senators  and  mem- 
bers of  the  assembly.  En.  March  12,  1872.  Am'd.  1880,  82; 
1901,  294. 

Cal.   Rep.   Cit.     85,   512. 

§  1291.  Commissions  issued  by  governor.  Upon  receipt 
of  such  copy,  the  governor  must  issue  commissions  to  the 
persons  who  from  it  appear  to  have  received  the  highest 
number  of  votes  for  offices,  except  that  of  governor  or 
lieutenant-governor,  to  be  filled  at  such  election.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     85,  512;  138,  36. 

Except  that  of  governor  and  lieutenant-governor:  See 
post,  sees.  1292  et  seq. 

§  1292.  Returns  of  election  for  governor  and  lieutenant- 
governor,  how  made.  When  an  election  has  been  held 
to  fill  the  office  of  governor  or  lieutenant-governor,  the 
clerk  of  each  county,  in  addition  to  the  abstract  made  for 
transmission  to  the  Secretary  of  State,  must,  as  soon  as 
the  statement  of  the  vote  of  his  county  is  made  out  and 
entered  upon  the  records  of  the  board  of  supervisors, 
make  two  certified  abstracts  of  so  much  thereof  as  relates 
to  the  vote  given  for  such  officers.     En.  March  12,  1872. 

Election  of  governor  and  lieutenant-governor:  Const. 
Cal.,  art.  V,  sees.  2,  15. 

§  1293.  How  transmitted.  The  clerk  must  seal  up  each 
abstract  separately,  and  indorse  thereon  "Election  Returns 
for  Governor  and  Lieutenant-Governor."  En.  March  12, 
1872. 

Returns  to  be  sealed:  Const.,  Cal.  art.  V,  sec.  4. 


2T8  ELECTION   FOR   ELECTORS.  $§  1294-1297 

§  1294.  Same.  He  must  at  once  direct  one  copy  to 
"The  Speaker  of  the  Assembly  next  to  meet,"  address  it  to 
Sacramento,  California,  and  deposit  it,  postpaid,  in  the  po'^t- 
office.     En.  March  12,  1872. 

Returns  to  be  directed  to  speaker  of  assembly:  Const. 
Cal.,  art.  V,  sec.  4. 

§  1295.  Same.  The  other  copy  he  must  direct  and  ad- 
dress in  the  same  manner,  and  at  once  deliver  it  to  a 
member  elect  of  the  legislature,  or  to  a  senator  who  holds 
over;  and  the  person  to  whom  it  is  so  delivered  must  de- 
liver it  to  the  speaker  on  or  before  the  second  day  next 
after  his  election.    En.  March  12,  1872.  • 

§  1296.  Canvass  of  returns  of  election  for  governor  and 
lieutenant-governor.  The  returns  of  election  for  governor 
and  lieutenant-governor  must,  during  the  first  week  of 
the  session,  be  opened,  canvassed,  and  the  result  declared 
by  the  speaker  of  the  assembly  in  presence  of  both  houses. 
En.  March  12,  1872. 

Returns  to  be  opened  and  published  in  presence  of  both 
houses  of  legislature:  Const.  Cal.,  art.  V,  sec.  4. 

§  1297.  Defects  in  form  of  returns,  when  to  be  disre- 
garded. No  declaration  of  the  result,  commission,  or  cer- 
tificate must  be  withheld  on  account  of  any  defect  or 
informality  in  the  return  of  ony  election,  if  it  can  with 
reasonable  certainty  be  ascertained  from  such  return  what 
office  is  intended  and  who  is  elected  thereto.  En.  March, 
12,  1872. 

CHAPTER  XH. 

ELECTION    FOR     ELECTORS    OF    PRESIDENT    AND     VICE-PRESI- 
DENT. 

§  1307.     Electors,    when    chosen. 

§  130S.     Returns,    how    made. 

§  1300.     How    transmitted. 

§  1310.    Messenger,    when    clerk    may    employ. 

§  1311.    Proof    of   necessity    for   and    approval    of   appointment    of   mes- 
senger. 

§  1312.     Compensation   of   messenger. 

§  1313.    Duties    of    secretary    of    state    relative    to    returns. 

§  1314.     Duty    of    governor 

§  1315.    Meeting    of    electors. 

§  1316.     Vacancies    In,    how    supplied. 

§  1317.    Voting    by    electors,    and    returns. 

§  131S.     Separate    ballots    for    president    and    vice-president. 

§  1319.     Must   make   lists   of  persons   voted   for. 

§  1320.    Result  to  be  transmitted  to  the  president  of  the  United   States 
senate. 

§  1321.     CompenFation    of    electors. 

§  1322.    How  audited  and   paid. 
Pol.  Code— 18 


§§  1307-1312  ELKCTION    FOR   ELECTORS.  274 

§  1307.  Electors,  when  chosen.  At  the  general  election 
in  each  bisextile  or  leap  year,  unless  by  the  laws  of  the 
United  States  another  time  is  fixed,  and  then  at  such  time 
there  must  be  chosen  by  the  qualified  voters  of  the  state, 
as  many  electors  of  president  and  vice-president  of  the 
United  States  as  the  state  is  then  entitled  to.  En.  March 
12,  1872. 

Choosing  presidential  electors:  Const.  U.  S.,  art.  II,  sec. 
1,  and  amend.  12. 

§  1308.  Returns,  how  made.  The  clerk  of  each  county, 
as  soon  as  the  statement  jf  the  vote  of  ais  county  at  such 
election  is  made  out  and  entered  on  the  records  of  the 
board  of  supervisors,  must  make  a  certified  abstract  of  so 
much  thereof  as  relates  to  the  vote  given  for  persons  for 
electors  of  president  and  vice-president  of  the  United 
States.     En.  March  12,  1872. 

§  1309.  How  transmitted.  The  clerk  must  seal  up  such 
abstract,  indorse  it  "Presidential  Election  Returns,"  and 
without  delay  transmit  it  to  the  Secretary  of  State  by  mail 
or  in  the  manner  hereinafter  prescribed.  En.  March  12, 
1872. 

§  1310.  Messenger,  when  clerk  may  employ.  If  the 
county  clerk  of  any  county  has  reason  to  believe  that 
the  abstract  will  not,  in  the  due  course  of  mail,  reach  the 
Secretary  of  State  before  the  time  fixed  by  law  for  can- 
vassing the  returns  of  such  election,  he  may  with  the 
approval  of  the  superior  judge,  employ  a  person  to  convey 
and  deliver  such  abstract  to  the  Secretary  of  State.  En. 
March  12,  1872.     Am'd.  1880,  21;  1880,  82. 

§  1311.  Proof  of  necessity  for  and  approval  of  appoint- 
ment of  messenger.  In  the  event  provided  for  in  the  pre- 
ceding section,  the  clerk  must  make  an  affidavit,  setting 
forth  the  reasons  for  his  belief,  and  the  name  of  the  per- 
son employed  by  him,  which  affidavit,  with  the  approval 
of  the  superior  judge  indorsed  thereon,  must  be  given  to 
the  person  appointed,  and  by  him,  with  the  abstract,  must 
he  delivered  to  the  Secretary  of  State.  En.  March  12,  1872. 
Am'd.  1880.  82. 

§  1312.  Compensation  of  messenger.  The  person  ap- 
pointed by  the  clerk,  after  he  delivers  the  abstract  and 
statement,  is  entitled  to  receive  as  compensation  mileage 
at  the  rate  of  thirty  cents  a  mile  from  the  county  seat  to 


275  ELECTION   FOR   ELECTORS.  5$  1313-1319 

the  seat  of  government.  His  account  therefor,  certified  hy 
the  Secretary  of  State,  must  be  audited  by  the  controller 
and  paid  out  of  the  general  fund  in  the  state  treasury. 
En.  March  12,  1872. 

§  1313.  Duties  of  secretary  of  state  relative  to  returns. 
On  the  last  Monday  in  the  month  of  the  election,  or  as 
soon  as  the  returns  have  been  received  from  all  the  coun- 
ties in  the  state,  if  received  before  that  time,  the  secre- 
tary of  state  must  compare  and  estimate  the  votes  given 
for  electors,  and  certify  to  the  governor  the  names  of  the 
proper  number  of  persons  having  the  highest  number  of 
votes.     En.  March  12,  1872. 

§  1314.  Duty  of  governor.  The  governor  must,  upon  the 
receipt  of  such  certificate,  transmit  to  each  of  such  per- 
sons a  certificate  of  election,  and  on  or  before  the  day 
of  their  meeting  deliver  to  the  electors  a  list  of  the  names 
of  electors,  and  must  do  all  other  things  required  of  him 
in  the  premises  by  any  act  of  congress  in  force  at  the 
time.     En.  March  12,  1872. 

§  1315.  Meeting  of  electors.  The  electors  chosen  must 
assemble  at  the  seat  of  government  on  the  second  Monday 
in  January  next  following  their  election,  at  two  o'clock 
in  the  afternoon.     En.  March  12,  1872.     Am'd.  1889,  1. 

§  1316.  Vacancies  in,  how  supplied.  In  case  of  the 
death  or  absence  of  any  elector  chosen,  or  in  the  case  the 
number  of  electors  from  any  cause  be  deficient,  the  elec- 
tors then  present  must  elect,  from  the  citizens  of  the  state, 
so  many  persons  as  will  supply  such  deficiency.  En. 
March  12,  1872. 

§  1317.  Voting  by  electors,  and  returns.  The  electors, 
when  convened,  must  vote  by  ballot  for  one  person  for 
president  and  one  person  for  vice-president  of  the  United 
States,  one  of  whom,  at  least,  is  not  an  inhabitant  of  this 
state.     En.  March  12,  1872. 

Casting  electoral  vote:  Art.  XII  of  amdts.  to  Const.  U.  S. 

§  1318.  Separate  ballots  for  president  and  vice-presi- 
dent. They  must  name  in  their  ballots  the  persons  voted 
for  as  president,  and  in  distinct  ballots  the  persons  voted 
for  as  vice-president.     En.  March  12,  1872. 

§  1319.  Must  make  lists  of  persons  voted  for.  They 
must  make  distinct  lists  of  all  persons  voted  for  as  presi- 


§§  1320-1333  ELECTION   FOR   SENATORS.  276 

dent,  and  of  all  persons  voted  for  as  vice-president,  and 
of  the  number  of  votes  given  for  each.  En.  March  12, 
1872. 

§  1320.  Result  to  be  transmitted  to  the  president  of  tlie 
United  States  senate.  They  must  certify,  seal  up,  and 
trt^nsmit  by  mail  such  lists  to  the  seat  of  government  of 
the  United  States,  directed  to  the  president  of  the  senate. 
En.  March  12,  1872. 

§  1321.  Compensation  of  electors.  Electors  receive  the 
same  pay  and  mileage  as  is  allowed  to  members  of  the  as- 
sembly.    En.  March  12,  1872. 

Pay  and  mileage  allowed  to  members  of  assembly:  See 
ante,   sec.   266. 

§  1322.  How  audited  and  paid.  Their  accounts  therefor, 
certified  by  the  secretary  of  state,  must  be  audited  by  the 
controller,  who  must  draw  his  warrants  for  the  same  on 
the  treasurer,  payable  out  of  the  general  fund.  En.  March 
12,    1872. 

CHAPTEIR  XIII. 

ELECTIONS    FOR    MEMBERS    OF    CONGRESS. 

Article    I.     Election  for  Senators,    §§   1332,    1333. 

II.     Election    for   Representatives,    §§    1343-1347. 

ARTICLE  I. 

ELECTION    FOR    SENATORS. 

§  1332.    Elections    for    full    terms. 
§  1333.    Elections  to  fill  vacancies. 

§  1332.  Elections  for  full  terms.  Elections  for  senators 
in  congress  for  full  terms  must  be  held  at  the  regular 
session  of  the  legislature  next  preceding  the  commence- 
ment of  the  term  to  be  filled.     En.  March  12,  1872. 

Elections  for  senators  and  representatives,  by  whom 
prescribed:  Const.  U.  S.,  art.  I,  sec.  4. 

§  1333.  Elections  to  fill  vacancies.  Elections  to  fill  a 
vacancy  in  the  term  of  a  United  States  senator  must  be 
held  at  the  session  of  the  legislature  next  succeeding  the 
occurrence  of  such  vacancy.     En.  March  12,  1872. 

Vacancy  during  recess  of  legislature  temporarily  filled 
by  executive  of  state:  Const.  U.  S.,  art.  I,  sec.  3. 


277  ELECTIONS    FOR    REPRESENTATIVES.  S5  1343-1347 

ARTICLE  II. 

ELECTIONS    FOR    REPRESENTATIVES. 

§  1343.  When    held. 

§  1344.  Returns,    how    made. 

§  134n.  How   transmitted. 

§  1346.  Duty   of   secretary  of  state   relative   to. 

§  1347.  Certificate  Issued  by  governor. 

§  1343.  When  held.  At  the  general  election  to  be  held 
in  the  year  eighteen  hundred  and  eighty,  and  at  the  gen- 
eral election  every  two  years  thereafter,  there  must  be 
elected,  for  each  congressional  district,  one  representative 
to  the  congress  of  the  United  States.  En.  March  12,  1872. 
Am'd.   1880,   82. 

§  1344.  Returns,  how  made.  The  clerk  of  each  county, 
as  soon  as  the  statement  of  the  vote  of  his  county  at  such 
election  is  made  out  and  entered  on  the  recorcls  of  the 
board  of  supervisors,  must  make  a  certified  abstract  of 
so  much  thereof  as  relates  to  the  vote  given  for  persons 
for  representatives  to  congress.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  9;  52,  15;  52,  32;  132,  285. 

§  1345.  How  transmitted.  The  clerk  must  seal  up  such 
abstract,  indorse  it  "Congressional  Election  Returns,"  and 
without  delay  transmit  it  by  mail  to  the  secretary  of  state. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  10;  52,  15. 

§  1346.     Duty  of  secretary  of  state  relative  to.    On  the 

sixtieth  day  after  the  day  of  election,  or  as  soon  as  the 
returns  have  been  received  from  the  counties  of  the  state, 
comprising  any  one  district,  if  received  within  that  time, 
the  secretary  of  state  must  compare  and  estimate  the  votes 
given  or  cast  for  such  representatives,  and  certify  to  the 
governor  the  person  having  the  highest  number  of  votes 
in  each  congressional  district  as  duly  elected.  En.  March 
12,  1872.     Am'd.  1901,  294. 

Cal.  Rep.  Cit.     52,  7;  52,  10;  132,  285. 

§  1347.  Certificate  issued  by  governor.  The  governor 
must,  upon  the  receipt  of  such  certificate,  transmit  to  each 
of  such  persons  a  certificate  of  his  election,  sealed  with 
the  great  seal  and  attested  by  the  secretary  of  state.  En. 
March  12,  1872. 


§§  1357,  1338  PRIMARY    ELECTIONS.  "» 

CHAPTER  XIV. 

PRIMARY     ELECTIONS.  ^ 

§  1357.     Delegates    to    be    elected    at    primary    elections. 
§  135S.     Tei  ms   as   used    in    this    chapter   defined. 
§  1359.    To   be   conducted   as   other  elections. 
§  1360.     Under    what    control— Expenses— Returns. 

§  1361.     Parties    entitled    to    designation    upon   official    ballot— Petitions. 
§  136L'.     When    shall    be    held. 

§  1363.     Secretary    of    state    to    transmit    copies    Of    petitions— Apportion- 
ment   of    delegates— Notice. 
§  1364.     Election    officers— Precincts. 

I  1365.     Ballots.  » 

§  1366.     Qualifications    and    registration    of    voters. 
§  1367.     Manner   of   voting— Challenge. 

§  1367a.  Duty  of  ballot  clerk  to  compare  signatures  of  voters;  challenge, 
when. 

§  1368.     Legality    of   conventions. 

§  1369.  •List    of   delegates   holding   credentials. 

§  1370.     Penalty    for    failure   to   act   as   primary    officer. 

§  1371.     Election    commissioners,    who    may    act. 

§  1372.    This  chapter,    where   mandatory  and  where  optional. 

§  1373.     Presidential   i^rimary    in   May. 

§  1374.     Ballots,    preservation    of — Contests. 

§  1375.    Vacancies,    additional    vote. 

§  1376.     Registration   of  voters.     (Repealed.) 

§  1377.     Delegates,    election   of.     (Repealed.) 

§  1378.     Delegates,    lists    and    credentials.     (Repealed.) 

§  1379.     Offenses    against.     (Repealed.) 

§  13S0.     Proceedings    where    no    board    of    election    commissioners.     (Re- 
pealed.) 

§  1357.     Delegates   to   be    elected    at   primary    elections. 

All  delegates  elected  under  the  provisions  of  this  chapter 
to  conventions  of  political  parties  for  the  purpoce  of  mak- 
ing nominations  of  candidates  for  public  office  within  this 
state  shall  be  elected  at  elections  to  be  known  and  desig- 
nated as  primary  elections,  and  conducted  at  the  time 
and  place,  and  under  the  regulations  in  this  chapter  here- 
inafter specified,  and  not  otherwise.  En.  March  12,  1872. 
Am'd.  1873-4,  74.  Rep.  1899,  56;  1901,  606.  En.  Stats. 
1901,  606. 

Cal.  Rep.  Cit.     145,  155. 

§  1358.  Terms  as  used  in  this  chapter  defined.  A  con- 
vention to  nominate  candidates  for  public  office  to  be  voted 
for  by  the  electors  oi  the  entire  state  will  be  hereinafter 
in  this  chapter  designated  as  a  state  convention,  and  a 
primary  election  for  the  election  of  delegates  to  such  con- 
vention will  be  hereinafter  in  this  chapter  designated  as 
a  state  primary-  Conventions  to  nominate  candidates  for 
representatives  in  congress,  and  members  of  the  board  of 


279  PRIMARY    ELECTIONS.  5  1359 

equalization,  or  railroad  commissioners,  or  for  senators 
and  assemblymen,  or  judges  of  the  superior  court,  from 
districts  including  more  than  one  county,  will  be  herein- 
after in  this  chapter  designated  as  district  conventions, 
and  a  primary  election  to  elect  delegates  to  such  conven- 
tions will  be  hereinafter  in  this  chapter  designated  as  a 
district  primary.  Conventions  to  nominate  candidates  for 
county,  or  city  and  county  officers,  judges  of  the  superior 
court,  or  justices  of  the  peace  in  any  city  and  county, 
and  members  of  the  senate  and  assembly  representing 
districts  wholly  within  one  county  or  city  and  county, 
supervisors  and  all  township  officers,  will  be  hereinafter 
in  this  chapter  designated  as  local  conventions,  and  a  pri- 
mary election  to  elect  delegates  to  such  conventions  will 
be  hereinafter  in  this  chapter  designated  as  a  local  pri- 
mary. A  convention  to  nominate  candidates  for  city  or 
town  officers  will  be  hereinafter  in  this  chapter  designated 
as  a  city  convention,  and  a  primary  election  to  elect  dele- 
gates to  such  conventions  will  be  hereinafter  in  this  chap- 
ter designated  as  a  city  primary.  En,  March  12,  1872. 
Rep.  1899,  56;  1901,  606.  En.  Stats.  1901,  606. 
Cal.  Rep.  Cit.     145,  155. 

§  1359.  To  be  conducted  as  other  elections.  Elections 
herein  provided  for  and  known  and  designated  as  primary 
elections  shall  be  conducted,  managed,  and  controlled  as 
to  selection  of  precinct  officers,  their  powers  and  duties, 
publication  of  notices,  use  of  original  affidavits  of  regis- 
tration, indexes  and  supplements  thereto,  challenging  of 
voters,  voting  booths,  printing  and  use  of  the  ballots,  cards 
of  instruction,  ascertainment  of  results,  time  for  opening 
and  closing  of  the  polls,  and  all  other  details,  in  the  same 
manner,  and  subject  to  the  same  regulations  as  are  elec- 
tions for  state,  district,  county,  city  and  county,  city,  town, 
and  local  officers  as  far  as  applicable,  except  as  otherwise 
provided  in  this  chapter;  provided,  that  sample  ballots 
shall  not  be  printed  or  distributed,  and  that  there  shall 
be  but  one  ballot-box  at  each  polling  place;  also,  provided, 
that  there  shall  be  printed  for  each  primary  election  pre- 
cinct only  as  many  ballots  for  each  participating  political 
party  as  there  are  names  appearing  on  the  register,  in- 
dexes or  supplements  thereto  as  persons  entitled  to  vote 
thereat;  also,  provided,  that  the  compensation  which  shall 
be  allowed  to  each  primary  precinct  election  c  fficer  shall 
not  exceed  four  dollars  per  day,  and  it  shall  be  the  duty  of 
every  person  so  chosen  to  act  as  such  primary  precinct 


§  1360  PRIMARY    ELECTIONS.  «» 

election  officer  at  such  primary  election  to  perform  the  ser- 
vices required  of  him  in  such  capacity.  That  the  primary 
precinct  election  officers  shall  be:  an  inspector,  two  judges, 
two  clerks,  and  one  ballot  clerk  for  each  primary  election 
precinct,  who  must  have  been  registered  electors  thereof 
for  at  least  thirty  days  prior  to  their  appointment  and  who 
must  possess  all  the  other  qualifications  required  of  pre- 
cinct election  officers  for  general  elections,  provided,  that 
the  same  person  shall  not,  without  his  consent,  be  com- 
pelled to  serve  as  said  primary  precinct  election  officer 
more  than  once  in  every  two  years.  En.  March  12,  1872. 
Rep.  1899,  56;  1901,  606.  En.  Stats.  1901,  607.  Am'd.  1903, 
118;  1905,  173. 

Cal.  Rep.  Cit.    145,  155. 

§  1360.     Under  what  control — Expenses — Returns.       All 

state,  district,  and  local  primaries,  held  under  the  pro- 
visions of  this  chapter,  shall  be  under  the  control  of  the 
board  of  election  commissioners  of  each  county,  or  city 
and  county,  respectively,  and  shall  be  a  county,  or  city 
and  county  charge,  respectively,  and  the  expense  of  con- 
ducting city  primaries  shall  be  a  city  or  town  charge, 
and  under  the  control  of  the  city  council,  trustees,  or 
governing  body  of  any  city  or  town;  provided,  that  no 
expense  of  holding  any  convention  shall  be  a  public 
charge;  and  provided  further,  that  all  necessary  expenses 
incurred  by  the  secretary  of  state  under  this  chapter 
shall  be  a  state  charge,  and  payable  out  of  the  general 
fund.  The  boards  of  supervisors  of  counties,  and  of  any 
city  and  county,  and  the  city  council  or  board  of  trustees, 
or  other  governing  body  of  any  city  or  town,  shall  appro- 
priate from  the  genera]  funds  of  the  county,  city,  city  and 
county,  city  or  town,  as  the  case  may  be,  sufficient  sums 
of  money  to  pay  the  necessary  expenses  of  conducting 
the  primary  elections  herein  specified,  and  it  shall  be  the 
duty  of  the  proper  officers  to  pay  such  expenses  where 
the  same  are  either  a  county,  city  and  county,  or  city  or 
town  charge,  respectively.  The  board  of  election  com- 
missioners of  any  county,  or  city  and  county,  and  the  city 
councils  or  boards  of  trustees  of  cities  and  towns,  as  to 
all  elections  for  delegates  to  conventions  held  under  their 
control  as  the  case  may  be,  under  the  provisions  of  this 
chapter,  shall  forthwith,  after  any  such  election,  canvass 
the  returns  and  shall,  within  three  days,  issue  to  the 
persons  elected  as  delegates  to  the  respective  party  con- 
ventions certificates  stating  such  fact,  and  thereupon  such 


281  PRIMARY    ELRCTIONS.  9  186^ 

persons   shall  constitute  the   delegates   of   the   party,  and 
shall   be   entitled   to   sit   and   act  in  the   respective   party 
conventions   to   which   they   are   elected.     En.    March   12, 
1872.     Rep.  1899,  56;  1901,  606.     En.  Stats.  1901,  607. 
Cal.  Rep.  Cit.     145,  155. 

§  1361.  Parties  entitled  to  designation  upon  official  bal' 
lot — Petitions.  All  political  parties  which,  at  the  last  elec- 
tion prior  to  any  ensuing  primary  election  herein  provided 
for,  polled  at  least  three  per  cent  of  the  entire  vote  of  the 
state,  county,  district,  city  and  county,  city  or  town,  or 
other  political  division  for  which  a  primary  election  is  to 
be  held  under  the  provisions  of  this  chapter,  or  which, 
in  the  case  of  any  county,  city  and  county,  township,  city 
or  district  wherein  no  general  election  shall  have  been 
held  after  its  organization,  shall  have  polled  at  least  three 
per  cent  of  the  votes  cast  in  the  precincts  composing  such 
county,  city  and  county,  township,  city  or  district,  shall 
be  entitled  to  a  designation  and  place  upon  the  official 
ballot  to  be  used  in  ali  elections  for  delegates  under  this 
chapter,  upon  complying  with  the  provisions  of  this  sec- 
tion. All  other  political  organizations  which  shall  file 
with  the  proper  officer  or  board  of  election  commissioners 
the  petition  required  in  such  behalf  by  the  provisions  of 
this  chapter  shall  be  entitled  to  participate  in  such  pri- 
mary election.  Where  a  state  or  district  convention  is  to 
be  held,  the  governing  committee  of  any  political  party 
for  such  territory  shall,  at  least  forty  days  prior  to  the 
dates  of  the  state  or  district  primary,  file  with  the  secre- 
tary of  state,  a  writing,  designated  in  this  chapter  as  a 
petition,  authenticated  by  the  v^hairman  and  secretary,  or 
other  governing  officers  of  such  party,  state  or  district 
committee,  setting  forth  the  name  of  such  party,  that  such 
writing  is  authenticated  by  the  proper  officers  of  the  party 
committee,  that  it  is  the  intention  of  such  party  to  hold  a 
state  or  district  convention  or  conventions,  for  the  pur- 
pose of  making  a  nomination  or  nominations  of  candidates 
for  public  offices  to  be  voted  for  at  the  next  ensuing  gen- 
eral election,  or  at  any  special  election  within  the  same 
territory  which  may  be' called  within  two  years  after  the 
primary  election,  for  the  purpose  of  filling  any  vacancy 
in  any  public  office  for  which  such  convention  is  entitled  to 
make  nominations,  and  requesting  that  a  place  be  given  to 
it  upon  the  official  primary  election  ballot  where  such 
primary  election  is  to  be  held  ander  the  provisions  of  this 
chapter.    Where    a  state   convention   is   to   be   held,   the 

10 


§  1361  PRIMARY    ELECTIONS.  282 

respective  petitions  as  filed  shall  provide  tliat  the  same 
delegates  composing  the  state  convention,  who  reside 
within  the  respective  railroad  commissioner  districts  and 
state  equalization  districts,  shall  be  the  delegates  to  the 
respective  conventions  to  nominate  candidates  for  rail- 
road commissioners,  and  for  members  of  the  state  board 
Oi.  equalization.  And  the  petitions  filed  by  congressional 
district  committees,  where  there  are  such  committees, 
shall  state  whether  the  delegates  elected  to  a  state  con- 
vention, within  such  congressional  district,  shall  be  the 
delegates  empowered  to  nominate  a  candidate  for  congress 
in  such  district,  or  whether  separate  delegates  shall  be 
selected  in  such  congressional  district  for  that  purpose. 
And  petitions  filed  by  senatorial  or  assembly  district  com- 
mittees, from  districts  including  more  than  ore  county, 
where  there  are  such  district  committees,  shall  state 
whether  the  same  delegates  to  the  state  convention  re- 
siding within  such  district  shall  nominate  the  candidate 
for  senator  or  assemblyman  in  such  district,  or  whether 
separate  delegates  shall  be  elected  in  such  district  for 
that  purpose.  And  unless  there  shall  be  such  district  pe- 
titions providing  for  such  separate  delegates  in  the  cases 
aforesaid,  such  district  candidates  for  congress,  state  sen- 
ator, or  assemblyman  shall  be  nominated  by  the  delegates 
to  the  state  convention  who  come  from  and  reside  within 
such  respective  districts.  Such  petition  must  further  state 
the  number  of  delegates  who  will  compose  the  conven- 
tion, and  specify  the  basis  of  the  apportionment  upon 
which  they  are  to  be  elected.  Such  petition  may  either 
make  such  apportionment  in  detail,  or  may  leave  such  ap- 
portionment in  detail  to  the  party  committees  of  the  re- 
spective counties,  or  of  any  city  and  county  in  this  state; 
piovided,  however,  that  any  apportionment  made  in  ac- 
cordance with  the  provisions  of  this  chapter  must  be  made 
on  the  same  basis  for  each  subdivision,  and  must  not  be 
to,  or  the  election  by,  territory  not  included  in  the  same 
assembly  district;  nor  such  as  to  allow  voters  in  different 
counties  to  vote  for  the  same  delegate  or  delegates;  such 
petition  must  be  duly  verified  as  to  the  truth  of  such  mat- 
ters by  the  chairman  or  secretary,  or  a  governing  officer 
of  such  party,  befoi*'/  an  officer  authorized  to  administer 
an  oath  in  this  state.  If  the  petition  be  by  a  political  or- 
ganization which  has  not  previously  polled  three  per  cent 
of  the  vote  a.s  heretofore  mentioned  and  specified  in  this 
section,  then  and  in  that  event  such  petition  must  be 
signed    by    the    electors    residing    within    the    state,    dis- 


283  PRIMARY    ELECTIONS.  §  1361 

trict,  or  political  division,  for  which  candidates  are  to  be 
presented,  equal  in  number  to  at  least  three  per  cent  of 
the  entire  vote  cast  at  the  last  preceding  election  in  the 
state,  district,  or  political  division,  for  whch  nominations 
are  to  be  made,  and  must  be  verified  as  required  by  sec- 
tion eleven  hundred  and  eighty-eight  of  the  Political  Code. 
Such  signatures  need  not  all  be  appended  to  one  paper; 
but  shall  have  added  thereto  the  address  as  required  by 
the  last-named  section.  Such  petition  may  also  contain 
the  names  of  any  committee  of  said  organization  and  of 
the  officers  of  such  c-ommittee  for  the  territory  to  which 
said  petition  relates,  with  the  address  of  such  officers. 
Where  local  conventions  are  to  be  held  such  petitions 
must  be  authenticated  in  the  i;ame  manner  as  above  pro- 
vided for  state  or  district  conventions  by  the  governing 
officers  or  committee  of  the  party  for  the  county,  city,  or 
city  and  county,  or  by  signers  to  a  verified  petition  as 
hereinbefore  specified,  and  must  set  forth  the  same  things 
as  hereinbefore  required  in  a  petition  for  participation  in 
a  state  or  district  primary  election.  Such  last-named 
petition  must  further  specify  whether  or  not  the  same 
delegates  are  to  serve  in  the  local  convention,  and  also  in 
subdivisions  of  such  local  conventions,  for  the  purpose  of 
nominating  state  senators,  members  of  the  assembly, 
judges  of  the  superior  court,  supervisors  or  other  township 
and  local  officerc  or  whether  different  sets  of  delegates 
are  to  be  elected  to  such  local  conventions,  and  must 
specify  in  detail  the  apportionment  of  delegates,  whether 
by  assembly  districts,  or  by  wards,  or  by  primary  election 
precincts,  or  combinations  thereof  not  to  exceed  an  as- 
sembly district,  for  each  proposed  convention,  and  the 
basis  of  apportijnment  shall  be  tl.e  same  as  hereinbefore 
provided;  provided,  however,  that  only  such  delegates  as 
have  been  elected  from  any  senatorial  or  assembly  district 
shall  make  the  nomination  of  senator  or  assemblyman 
from  such  district,  respectively.  If  the  apportionment  last 
mentioned  is  not  contained  in  any  petition  filed,  then  such 
apportionment  shall  be  made  by  the  board  of  election  com-, 
missioners  with  whom  the  petition  is  filed  before  the 
publication  provided  for  in  section  thirteen  hundred  and 
sixty-three  of  this  code.  Such  last-named  petition  for 
participation  in  a  local  primary  election  must  be  filed  with 
the  board  of  election  commissioners  of  the  county,  or  city 
and  county,  at  least  thirty  days  before  the  date  of  sucJi 
primary  election.  "Where  a  city  primary  is  to  be  held  such 
petition  must  set  forth  the  same  facts  required  to  be  set 


§  1362  PRIMART    ELECTIONS.  28* 

forth  in  a  petition  for  participation  in  a  local  primary  elec- 
tion, must  be  governed  by  the  same  rules,  and  must  be  ex- 
ecuted by  the  governing  officers  or  committee  of  the  party 
for  such  city  or  town,  and  in  like  manner  and  time  filed 
with  the  governing  body  of  such  city  or  town,  or  by  sign- 
ers to  a  verified  petition  as  hereinbefore  specified.  Such 
last-named  petition  for  participation  in  a  city  primary 
must  specify  in  detail  the  apportionment  of  delegates, 
whether  by  assembly  districts,  or  by  wards,  or  by  primary 
election  precincts,  or  combinations  thereof  not  to  exceed 
an  assembly  district,  where  the  same  have  already  been 
established.  En.  March  12,  1872.  Rep.  1899,  56;  1901. 
606.     En.    Stats.   1901,   608. 

Cal.  Rep.  Cit.     145,  155;   147.  374. 

;<  1362.  When  shall  be  held.  Primary  elections  shall  be 
held  in  this  state  under  the  provisions  of  this  chapter  on 
the  following  dates,  that  is  to  say:  On  the  second  Tuesday 
in  the  month  of  August  in  each  and  every  even-numbered 
year  a  primary  election  shall  be  held  for  the  election  of 
delegates  to  all  state,  district,  and  local  conventions  for 
the  purpose  of  making  nominations  for  oflBcers  to  be  voted 
for  at  the  next  ensuing  general  election,  and  in  case  of  any 
county,  or  city  and  county,  where  at  the  date  of  the  taking 
effect  of  this  chapter,  or  thereafter,  there  shall  be  held  a 
general  election  for  county,  city,  or  city  and  county,  oflB- 
cers,  in  odd-numbered  years,  then  a  primary  election  shall 
be  held  in  such  county,  city,  or  city  and  county,  on  the 
second  Tuesday  in  August  in  each  and  every  odd-numbered 
year  for  the  purpose  of  electing  delegates  to  any  local 
convention  for  the  purpose  of  making  nominations  for 
candidates  for  county,  or  city  and  county,  officers  to  be 
voted  for  at  the  next  ensuing  election.  In  any  year  when 
by  law  an  election  is  to  be  held  in  any  city  or  town  In  this 
state  for  the  purpose  of  electing  city  or  town  officers, 
primary  elections  for  the  election  of  delegates  to  such  city 
conventions  shall  be  held  on  the  sixth  Tuesday  next  pre- 
ceding the  election  for  such  public  ofl[icers  in  such  city  or 
town;  provided,  that  where  any  city  election  of  city  officers 
is  to  be  held  on  tthe  same  day  as  any  general  or  county 
election  for  state,  (.istrict,  county,  or  township  officers, 
then  the  delegates  to  any  such  city  convention  shall  be 
plected  from  the  proper  territory  at  the  state  or  local 
primary  in  such  county.  En.  March  12,  1872.  Rep.  1899, 
5G;  1901,  606;  En.  Stats.  1901,  610. 
Cal.  Rep.  Cit.  .  145,  155. 


285  PRIMARY    ELECTIONS.  S  WS* 

§  1363.  Secretary  of  state  to  transmit  copies  of  petitions 
— Apportionment  of  delegates — Notice.  Upon  the  expira- 
tion of  the  time  allowed  by  law  for  the  filing  of  the 
petitions  with  the  secretary  of  state,  as  herein  provided, 
he  must  transmit  copies  of  su^h  petitions  to  the  various 
election  commissioners  of  the  counties  or  of  any  city  and 
county,  in  which  such  primaries  are  to  be  held  under  the 
provisions  of  this  chapter.  And  the  secretary  of  state 
shall  forthwith  in  writing  notify  the  governing  body  of 
each  political  party  which  has  theretofore  filed  with  him 
such  petition,  of  the  transmission  of  such  copies  of  its 
petition  to  the  election  commissioners  of  such  various 
counties,  or  cities  and  counties,  within  the  state;  provided, 
that  when  the  petition  filed  is  by  a  political  party  or  or- 
ganization, which  has  not  previously  polled  three  per  cent 
of  the  vote  as  in  this  chapter  specified,  such  notice  may 
be  given  to  any  person  designated  in  said  petition  as  the 
person  to  whom  such  notice  may  be  sent,  or  to  any  officer 
of  any  committee  whose  name  and  address  is  contained  in 
said  petition.  Within  ten  days  after  the  receipt  of  such 
notice,  where  its  petition  theretofore  filed  with  the  secre- 
tary of  state  does  not  make  the  apportionment  of  delegates 
in  detail,  the  proper  party  committees  of  the  petitioning 
political  party  in  the  respective  counties,  or'  any  city  and 
county,  in  this  state,  shall  file  with  the  election  com- 
missioners of  the  respective  county,  or  city  and  county, 
its  apportionment  of  delegates  within  such  county, 
or  city  and  county.  At  least  fifteen  days  before  the 
holding  of  a  state,  district,  or  local  primary,  under  the 
provisions  of  this  chapter,  the  election  commissioners  of 
each  county,  or  city  and  county,  and  in  like  manner  before 
1  9  holding  of  a  city  primary,  under  the  provisions  of  this 
chapter,  the  board  of  trustees  or  governing  body  of  such 
city  shall  publish  a  notice  thereof  for  three  successive 
publications  in  at  least  one  daily  newspaper  published  in 
such  city,  county,  or  city  and  county,  as  the  case  may  be. 
If  there  be  no  daily  newspaper  in  any  city,  county,  or  city 
and  county,  then  in  some  weekly  newspaper  for  at  least 
two  successive  publications,  and  if  there  be  neither  daily 
nor  weekly  newspapers  in  any  city,  county,  or  city  and 
county,  respectively,  then  for  like  periods  in  some  daily 
or  weekly  newspaper  in  an  adjoining  city,  county,  or  city 
and  county,  as  the  case  may  be.  Such  notice  shall  con- 
tain the  names  of  the  political  parties  which  are  entitled 
to  nominate  candidates  for  public  offices  by  convention, 
and  which  are  entitled  to  participate  in  the  primary  elec- 


§§  1364,  1365  PRIMARY   ELECTIONS.  SSB 

tion  next  ensuing,  the  offices  for  which  nominations  may 
be  made,  a  designation  of  precincts,  the  location  of  polling 
places,  the  names  of  primary  election  officers,  together 
with  the  number  of  delegates  and  the  apportionment 
thereof,  which  each  party  is  entitled  to  elect,  from  each  as- 
sembly district,  ward,  township,  or  parts  of  wards  or 
townships,  or  other  territorial  district,  as  such  apportion- 
ments are  made  and  set  forth  in  the  varioas  petitions  of 
the  different  political  parties  as  in  this  chapter  provided, 
or  as  made  by  the  election  commissioners  when  not  made 
by  the  proper  petition  or  committee.  En.  March  12,  1872. 
Rep.  1899,  56;  1901,  606.  En.  Stats.  1901,  611. 
Cal.  Rep.  Cit.     145,  155. 

s  1364.  Election  officers — Precincts.  Prior  to  each  state 
or  district  primary  held  under  the  provisions  of  this  chap- 
ter, and  upon  receipt  of  the  notice  from  the  secretary  of 
state,  the  election  commissioners  shall  appoint  the  proper 
number  of  primary  election  officers  for  each  primary  elec- 
tion precinct  which  shall  be  then,  or  shall  have  been 
theretofore,  established  by  them.  The  appointment  of 
primary  election  officers,  and  the  establishment  of  primary 
election  precincts  for  the  foregoing  and  for  all  other 
primaries  shall  be  made  by  the  proper  board  of  election 
commissioners  sufficiently  previous  in  point  of  time  to 
permit  the  apportionment  of  delegates  and  the  publications 
herein  directed.  The  election  commissioners  may  com- 
bine not  more  than  three  contiguous  general  election 
precincts  into  one  primary  election  precinct;  provided,  that 
no  primary  election  precinct  shall  embrace  territory  not  in 
the  same  assembly  or  supervisoral  district;  and  provided 
further,  that  where  any  city,  town,  or  city  and  county,  is 
by  law  or  charter  divided  into  wards,  no  primary  election 
precinct  in  such  city,  town,  or  city  and  county,  shall  em- 
brace territory  not  included  in  the  same  ward,  and  in  the 
same  supervisoral  and  in  the  same  assembly  district.  En. 
March  12,  1872.  Rep.  1899,  56;  1901.  606.  En.  Stats.  1901, 
612. 

Cal.  Rep.   Cit.     145,  155. 

§  1365.  Ballots.  The  ballots  for  the  primary  election 
shall  be  printed  and  provided  in  as  many  lots  for  each 
precinct  as  there  are  parties  entitled  to  participate  therein. 
At  the  top  of  each  and  every  ballot  of  each  lot  and  on  a 
strip  extending  beyond  the  top  of  the  ballot  proper,  so  as 


287  PRIMARY    ELECTIONS.  S  1366 

to  be  seen  with  the  ballot  folded,  and  without  unfolding  it, 
shall  be  printed  in  bold  type  the  name  of  the  party  for 
which  that  particular  lot  of  ballots  was  printed.  The  only 
other  matter  to  be  printed  on  any  ballot  shall  consist  of 
appropriate  directions  for  voting  the  ballot,  and  the  desig- 
nations of  the  various  conventions  to  which  delegates  are 
to  be  elected,  and  the  number  of  delegates  which  the 
parties  operating  coextensively  within  each  division  there- 
of is  entitled  to  elect  to  each  convention  at  the  particular 
precinct  where  said  ballot  is  to  be  used;  all  of  which  shall 
be  concisely  and  briefly  set  forth.  The  voter  may  write 
the  names  of  his  choice  for  delegates  with  pen  or  pencil, 
or  he  may  attach  in  the  proper  place  on  the  ballot  with 
any  adhesive  substance  a  slip  of  white  paper  containing  the 
names  of  his  choice;  provided,  that  on  any  such  slip  there 
may  be  printed  a  designation  of  the  convention  to  which 
the  delegates  are  to  be  elected.  Each  voter  may  vote  for 
as  many  names  for  delegates  as  may  be  entitled  to  be 
elected  to  his  respective  party  convention,  or  conventions, 
from  the  primary  precinct  at  which  he  votes,  under  and 
by  virtue  of  the  apportionment  hereinbefore  determined 
by  the  various  party  committees,  and  the  directions  in 
pursuance  therewith  appearing  on  said  ballot.  Any  ballot 
upon  which  any  names  appear  for  delegates  to  conventions 
of  more  than  one  party  shall  be  disregarded.  Nor  shall 
any  ballot  contain  names  of  any  delegates  to  more  than 
one  state  convention,  or  more  than  one  district  conven- 
tion, or  more  than  one  local  convention,  or  more  than  one 
city  convention;  nor  shall  any  of  the  printed  matter 
placed  on  any  ballot  by  legal  authority  be  changed,  erased, 
or  interlined.  Any  ballot  not  conforming  hereto  shall  be 
disregarded.  In  case  of  a  tie  vote  between  candidates  for 
delegates,  so  that  it  cannot  be  determined  who  is  elected, 
such  fact  must  be  reported  and  certified  to  such  candi- 
dates and  to  the  secretary  of  the  proper  party  commit- 
tee, if  such  party  shall  have  polled  at  least  three  per  cent 
of  the  entire  vote  as  in  this  chapter  mentioned,  and  if  such 
-  party  shall  not  have  polled  said  three  per  cent,  then  to  the 
person  designated  in  the  petition  filed  by  such  party, 
and  the  convention  may  determine  the  respective  rights 
of  such  candidates  to  sit  or  act  in  the  convention.  Noth- 
ing herein  shall  be  held  to  prevent  the  election  of  the 
same  person  to  more  than  one  convention  of  the  same 
party  where  one  of  the  conventions  is  held  for  a  political 
division  including  the  other,  or  where  other  separate  nom- 
inating conventions  are  legally  held  in  each. 


§  1366  PRIMART  ELECTIONS.  »8 

The  ballots  for  each  party  shall  be  substantially  in  the 
following   form: 

(Insert  name  of  party)  PARTY. 

Primary  Election,  Tuesday,  August ,  1902. 

County. 

Assembly  (Ward,  Township  or 

other  Territorial)  District. 

Election  Precinct  No 

Vote  for  delegates  to  the  respective  conventions  of  one 
party  only. 

(If  any  party  committee  calls  for  election  of  different 
delegates  to  district,  senatorial,  assembly  or  other  sub- 
divisions of  local  conventions,  or  if  delegates  are  to  be 
elected  to  city  conventions,  then  have  ballots  to  show.) 

-(Insert  name  of  party)   DELEGATES. 
For  delegates  to  (insert  name  of  party)  state  or  district 
conventions.    Vote  for  eight  delegates  only. 

1     

2     

3     

4     

5     

6 

7     

8     

For  delegates  to  (insert  name  of  party)  local  (city, 
county,  or  city  and  county)  conventions  and  subdivisions 
thereof.     Vote  for  five  delegates  only. 

1     

2     

3 

4     

5     

En.  March  12,  1872.  Rep.  1899,  56;  1901,  606.  En.  Stats. 
1901,  612. 

Cal.  Rep.  Cit.  145,  155. 

§  1366.  Qualifications  and  registration  of  voters.  The 
qualifications  and  registration  of  voters  and  the  privileges 
of  electors  to  attend  the  polls  at  primary  elections  shall  be 
subject  to  the  same  tests  and  governed  by  the  same  rules 
and  regulations  as  are  in  the  constitution  and  Political 
Code  of  this  state  established  and  prescribed  for  general 
elections;   and  the  same  officers  who  furnish  the  origlnf  1 


289  PRIMARY    ELECTIONS.  9  1367 

affidavits  of  registration,  indexes  and  supplements  thereto, 
for  general  elections,  as  provided  for  in  this  code,  shall 
lurnish  them  for  use  at  primary  elections.  It  shall  be  the 
duty  of  the  proper  officers  to  furnish  the  original  affidavits 
of  registration,  indexes  and  supplements  thereto,  for  use 
at  primary  elections,  which  shall  show  the  names  of  all 
voters  entitled  to  vote  at  such  elections;  provided,  that 
where  a  new  registration  pursuant  to  law  is  not  com- 
pleted in  point  of  time  sufficient  to  permit  of  its  use  at 
the  next  ensuing  primary  election,  then  the  original  affi- 
davits of  registration  and  indexes  used  at  the  last  general 
election  in  any  county,  or  city  and  county,  in  this  state, 
may  be  used  at  any  primary  election,  together  with  the 
original  affidavits  of  registration  since  the  last  election 
and  supplemental  indexes,  showing  all  additional  registra- 
tions, changes  and  corrections  made  since  the  last  general 
registration,  completed  to  and  including  the  "twentieth 
day  prior  to  the  primary,  which  shall  be  the  last  day  on 
which  any  person  laay  register  or  transfer  his  registra- 
tion, so  as  to  entitle  him  to  vote  at  such  primary.  And  the 
election  commissioners,  shall  furnish,  at  least  five  days 
prior  to  any  primary  election,  complete  sets  of  indexes  of 
the  register  and  supplements  thereto,  for  each  precinct  In 
which  a  primary  election  is  to  be  held,  to  the  secretary  of 
each  political  organization  participating  in  the  primary. 
It  is  the  duty  of  the  county  clerk  to  furnish,  at  least  forty- 
eight  hours  prior  to  the  day  on  which  any  primary  election 
is  held,  under  the  provisions  of  this  chapter,  to  the  city 
or  town  clerk  of  the  city  or  town  in  which  a  primary  Is 
to  be  held,  all  the  original  affidavits  of  registration,  fndexes 
and  supplements  thereto,  for  use  by  the  officers  of  election 
at  all  the  precincts  at  said  primary  election.  City  and 
town  clerks  are  required  to  return  to  the  county  clerk, 
within  twenty-four  hours  after  the  closing  of  the  polls, 
all  original  affidavits  of  registration  by  them  received  from 
the  county  clerk.  En.  Stats.  1899,  48.  Rep.  1901,  606.  En. 
Stats.  1901,  614.  Am'd.  1903,  49. 
Cal.  Rep.  Cit.      145,  155. 

§  1367.  Manner  of  /oting — Challenge.  A  person  desir- 
ing to  vote  at  any  primary  election  on  behalf  of  any  party 
or  for  delegates  to  any  convention,  shall  write  his  name 
and  address  on  the  roster  of  voters,  or  where  unable  to 
write  shall  have  the  same  written  thereon  for  him  as  pro- 
vided by  law,  and  he  must  also  write,  or  where  unable  to 
write,  have  written  for  him  on  such  roster,  opposite  such 

Pol.  Code— 19 


§§  1367a,  1368  PRIMARY    ELECTIONS.  290 

name  and  address,  the  name  of  the  political  party  for 
whose  candidates  he  in  good  faith  intends  to  vote  at  the 
election  for  which  the  primary  is  held.  The  ballot  clerk 
shall  thereupon  announce  his  name  and  address  and  the 
name  of  the  political  party  for  whose  candidates  he  intends 
to  vote.  The  voter  thereby  declares  as  a  test  of  his  right 
to  vote  a  bona  fide  present  intention  of  supporting  the  nom- 
inees of  such  political  party  or  organization  at  the  next  en- 
suing election,  and  any  voter  may  be  challenged  as  to  his 
right  to  vote  for  the  candidates  of  the  political  party  for 
whom  he  desires  to  vote,  and,  when  so  challenged,  his 
right  to  vote  must  be  withheld  unless  he  make  oath  or 
affirmation  as  to  his  bona  fide  present  intention  to  support 
the  nominees  of  the  convention  to  which  delegates  are  to 
be  so  elected  for  such  political  party  or  organization. 

It  shall  be  the  duty  of  the  inspector  to  tender  such  oath 
or  affirmation  to  any  voter  challenged  on  the  grounds 
aforesaid.  The  voter  may  likewise  be  challenged  for  any 
cause  that  might  disqualify  a  voter  at  a  general  election. 
If  not  challenged,  or  if  the  challenge  is  overruled,  or  with- 
drawn, he  shall  receive  from  the  ballot  clerk  a  ballot  hav- 
ing the  designation  or  heading  of  the  political  party  whose 
name  was  written  on  such  roster  by  or  for  him^  and  he  may 
be  permitted  to  prepare  and  vote  the  same.''  En.  Stats. 
1899,  48.  Rep.  1901,  606.  En.  Stats.  1901,  615.  Am'd.  1905, 
173. 

Cal.  Rep.  Cit.     145,  155. 

§  1367a.  Duty  of  ballot  clerk  to  compare  signatures  of 
voters;  challenge  when.  In  all  cases  except  in  those  where 
the  name  and  address  of  a  person  desiring  to  vote  at  a 
primary  election  has  been  written  on  the  roster  of  voters 
for  him,  as  provided  ii.  section  1367  of  the  Political  Code, 
it  shall  be  the  duty  of  the  ballot  clerk,  in  the  presence  and 
view  of  the  bystanders,  to  compare  the  signature  of  such 
person  on  the  roster  of  voters  with  the  signature  of  that 
person  on  the  register  and  no  ballot  must  be  given  to 
such  voter  until  such  a  comparison  of  signatures  has  been 
made,  and  until  such  a  comparison  of  signatures,  as  afore- 
said, has  been  made,  the  right  of  such  voter  to  vote  may 
be   challenged.     En.    Stats.   1905,   441. 

§  1368.  Legality  of  conventions.  No  convention  shall 
be  illegal  because  of  a  failure  of  any  precinct  or  political 
division  to  elect  delegates  thereto.  A  majority  of  dele- 
gates chosen  shall  constitute  a  quorum,  and  each  conven- 


291  PRIMARY     ELECTIONS.  §5  1369-1371 

tion  shall  be  the  judge  of  the  election  and  qualification  of 
its  members,  and  no  convention  shall  be  recognized  as  in 
law  entitled  to  make  nominations  unless  the  delegates 
thereto  representing  the  territory  or  political  division 
where  the  provisions  of  this  chapter  are  mandatory,  or  in 
force  and  effect,  were  elected  under  and  by  virtue  of  the 
provisions  of  this  chapter.  En.  Stats.  1899,  48.  Rep.  1901, 
GOG.     En.  Stats.  1901,  615. 

Cal  Rep.  Cit.     145,  155;    147,  373;    147,  375. 

§  1369.  List  of  delegates  holding  credentials.  Immedi- 
ately upon  making  cut  the  credentials  of  any  delegates 
elected  under  this  law,  the  clerk  shall  mail  to  the  secre- 
tary of  each  political  party  or  organization  which  par- 
ticipated in  the  primary,  a  complete  list  of  all  delegates 
to  whom  credentials  shall  have  been  given  as  herein  pro- 
vided, and  said  clerk  must,  in  proper  book  to  be  kept  by 
him,  record  the  names  of  all  delegates  elected,  with  the 
vote  received  by  each,  specifying  those  to  whom  creden- 
tials have  been  given,  stating  when  and  where  such 
credentials  were  issued,  delivered  or  mailed;  and  if  any 
delegate  entitled  to  credentials  shall  not  have  received  his 
credentials,  or  shall  have  lost  the  same,  said  clerk  must, 
upon  request,  issue  a  new  credential  to  such  delegate, 
which  must  be  stamped  "duplicate."  En.  Stats.  1899,  49. 
Rep.  1901,  GOG.     En.  Stats.  1901,  615. 

Cal.  Rep.  Cit.     145,  155. 

§  1370.  Penalty  for  failure  to  act  as  primary  officer. 
Any  person  so  chosen  to  act  as  a  primary  election  officer, 
who  shall  willfully  fail  or  refuse  to  act  in  the  capacity  for 
which  he  is  chosen,  without  having  been  excused  there- 
from, shall  be  liable  to  a  civil  suit  in  the  sum  of  twenty- 
five  dollars,  in  liquidated  damages,  to  be  brought  by  the 
district  attorney,  in  the  name  of  the  people  of  the  state 
of  California,  which  sum,  when  collected,  together  with 
costs,  shall  be  paid  into  the  treasury  of  the  county,  or  city 
and  county.  En.  Stats.  1899,  49.  Rep.  1901.  601.  En. 
Stats.   1901,  615. 

Cal.  Rep.  Cit.     145,  155. 

§  1371.  Election  commissioners,  who  may  act.  When 
there  shall  not  be  in  any  city,  county,  or  city  and  county, 
any  board  of  election  commissioners  as  such,  then  all 
duties  enjoined  and   powers   conferred   herein   upon   such 


§  1372  PRIMARY    ELECTIONS.  292 

board  of  election  commissioners,  shall  be  enjoined  and 
conferred  upon  and  performed  by  the  common  council  or 
board  of  trustees  of  a  city,  or  board  of  supervisors  of  a 
county,  or  city  and  county,  in  each  case  respectively,  as 
hereinbefore  specified;  provided,  however,  that  where  this 
chapter  is  made  mandatory,  or  is  in  force  and  effect  in  any 
county  which  contains  within  its  limits  a  city  or  cities  in 
which  this  chapter  is  also  mandatory,  or  in  force  and  effect, 
then  and  in  that  event  whenever  a  primary  under  this 
chapter  other  than  a  city  primary  is  to  be  held  in  such 
county,  in  the  whole  or  any  part  of  such  county,  outside 
of  as  well  as  within  the  corporate  limits  of  such  city  or 
cities  therein,  the  board  of  supervisors  of  such  county 
shall  be  the  election  commissioners,  having  the  exclusive 
charge  and  control  of  such  primary  under  the  provisions 
of  this  chapter.  En.  Stats.  1899,  51.  Rep.  1901,  606.  En. 
Stats.  1901,  616. 

Cal.  Rep.  Cit.     145,  155. 

§  1372.  This  chapter,  where  mandatory  and  where  op- 
tional. This  chapter  and  each  and  every  provision  there- 
of shall  be  obligatory  and  mandatory  in  cities,  and  cities 
and  counties,  having  a  population  of  over  seven  thousand 
five  hundred,  according  to  the  last  general  census  of  the 
government  of  the  United  States,  and  for  this  chapter  and 
its  purposes  the  population  of  the  cities,  and  cities  and 
counties,  in  which  this  act  is  hereby  made  obligatory  and 
mandatory,  is  hereby  declared  to  be  as  follows: 

The  city  and  county  of  San  Francisco,  three  hundred 
and   forty-two  thousand   seven  hundred   and   eighty-two. 

The  city  of  Los  Angeles,  one  hundred  and  two  thousand 
four  hundred  and  seventy-nine. 

The  city  of  Oakland,  sixty-six  thousand  nine  hundred  and 
sixty. 

The  city  of  Sacramento,  twenty-nine  thousand  two  hun- 
dred and  eighty-two. 

The  city  of  San  Jose,  twenty-one  thousand  five  hundred. 

The  city  of  San  Diego,  seventeen  thousand  seven  hun- 
dred. 

The  city  of  Stockton,  seventeen  thousand  five  hundred 
and  six. 

The  city  o^  Alameda,  sixteen  thousand  four  hundred  and 
sixty-four. 

The  town  of  Berkeley,  thirteen  thousand  two  hundred 
and  fourteen. 


293  PRIMARY    ELECTIONS.  S  1372 

The  city  of  Fresno,  twelve  thousand  foui  hundred  and 
seventy. 

The  city  of  Pasadena,  nine  thousand  one  hundred  and 
seventeen. 

The  city  of  Vallejo,  seven  thousand  nine  hundred  and 
sixty-five. 

In  all  other  portions  of  the  respective  counties  in  which 
the  cities  above  named  are  respectively  situate,  and  in  all 
other  cities,  and  cities  and  counties,  and  in  all  other  coun- 
ties of  the  state,  and  in  all  political  subdivisions  of  a  lesser 
population,  this  chapter  shall  be  optional,  and  shall  be  in 
force  therein  only  upon  and  after  a  majority  vote  therefor 
by  the  electors  of  such  city,  or  city  and  county,  or  county, 
or  political  subdivision  of  lesser  population,  at  a  general 
or  special  election,  at  which  the  question  shall  have  been 
submitted  in  manner  as  follows:  When  a  petition  signed 
by  electors  of  such  city,  city  and  county,  county,  or  politi- 
cal subdivision  of  lesser  population,  in  number  equal  to 
one-half  of  the  total  vote  cast  in  such  city,  city  and  county, 
county,  or  political  s  bdivision  of  lesser  population,  at  the 
last  preceding  general  election,  is  filed  with  the  legislative 
body  or  council  of  a  city,  in  case  such  election  is  to  be 
held  in  such  city,  or  in  other  cases  with  the  board  of  super- 
visors of  the  county  wherein  such  election  is  to  be  held, 
asking  that  such  question  be  submitted  to  a  vote  of  such 
electors,  the  said  legislative  body,  council,  or  board  of 
supervisors  shall  by  proclamation  submit  such  question  to 
the  vote  of  such  electors  at  the  next  general  election; 
provided,  that  if  it  be  demanded  in  such  petition  that  the 
question  be  submitted  at  a  special  election,  it  shall  be  so 
submitted,  and  such  special  election  shall  be  held  within 
thirty  days  after  the  first  regular  meeting  of  such  legisla- 
tive body,  council,  or  board  of  supervisors,  after  the  filing 
of  such  petition.  The  ballots  used  at  such  general  or 
special  election  shall  contain  the  words  "for  the  Primary 
Law,"  and  "Against  the  Primary  Law."  Such  election 
shall  be  conducted,  and  the  notices  thereof  shall  be  given, 
and  the  returns  canvassed  in  all  respects  as  provided  by 
law  for  the  conducting  of  general  elections  that  the  can- 
vassing the  returns  thereof.  In  case  a  majority  of  the 
votes  cast  at  such  election  on  such  question  shall  be  for 
the  primary  law,  the  provisions  of  this  chapter  shall  take 
effect  and  be  in  force  forthwith,  in  said  city,  city  and 
county,  county,  or  political  subdivision  of  lesser  popula- 
tion, and  shall  remain  in  force  therein  until  rendered  in- 
applicable thereto  by  a  similar  vote. 


§§  1373,  1374  PRIMARY   ELECTIONS.  294 

But  all  delegates  elected  under  the  provisions  of  this 
chapter  before  such  last-mentioned  vote,  shall  serve  in  the 
respective  conventions  to  which  they  were  elected,  as  if 
said  last-mentioned  vote  had  not  been  had.  Every  board 
of  supervisors  or  other  legislative  body  or  council  acting 
under  the  provisions  of  this  section  shall  forthwith  send 
to  the  secretary  of  state  a  certified  copy  of  all  its  decisions 
and  declarations  hereunder;  the  secretary  of  state  shall 
file  the  same  in  his  office,  without  charge,  and  he  shall 
cause  the  same  to  be  published  as  an  appendix  to  the 
statutes  and  amendments  to  the  codes  enacted  at  the 
succeeding  session  of  the  legislature.  En.  Stats.  1899,  52. 
Rep.  1901,  606.     En.  Stats.  1901,  616. 

Cal.  Rep.  Cit.     145,  155;  147,  373. 

§  1373.  Presidential  primary  in  IV!ay.  In  the  year  nine- 
teen hundred  and  four,  and  every  four  years  thereafter, 
a  primary  election  shall  be  held  in  the  territory  and 
political  subdivisions  where  the  provisions  of  this  chapter 
are  mandatory  or  in  force,  on  the  first  Tuesday  in  the 
month  of  May,  for  the  purpose  of  choosing  delegates  to 
state  and  district  conventions  to  select  delegates  to  a 
national  convention,  and  such  primary  election  shall  be 
conducted  in  accordance  therewith,  and  all  of  said  pro- 
visions shall  relate  thereto;  provided,  that  where  the 
national  convention  of  any  political  party  shall  be  called 
to  assemble  prior  to  May  fifteenth  of  such  year  to  nomi- 
nate candidates  for  president  and  vice-president  of  the 
United  States  upon  a  day  in  any  year  where  such  a  presi- 
dent and  vice-president  are  to  be  elected,  then  and  in 
such  event  such  political  party  or  organization  may  select 
its  delegates  to  such  national  convention  in  such  manner 
as  the  state  governing  committee  of  such  political  party 
or  organization  shall  prescribe.  En.  Stats.  1899,  52.  Rep. 
1901,  606.     En.  Stats.  1901,  617. 

Cal.  Rep.  Cit.     145,  155. 

§  1374.  Ballots,  preservation  of — Contests.  Whenever 
the  provisions  of  this  chapter  are  in  force  and  effect,  the 
liallots  for  the  respective  political  parties  cast  at  the  pri- 
mary election  must,  after  being  counted,  be  sealed  in 
separate  envelopes  in  the  manner  provided  for  sealing  and 
certifying  l)allots  at  general  elections,  and  each  such  pack- 
age must  have  written  or  printed  thereon  plainly  the  desig- 
nation of  the  political  party  and  the  number  of  the  primary 


296  PRIMARY    ELECTIONS.  §  1375 

precinct  where  the  same  were  cast.  Such  ballots  must 
not  be  destroyed  until  after  the  adjournment  of  the  poli- 
tical convention  for  which  delegates  were  elected  by  such 
ballots.  If  there  shall  be  a  contest  before  any  political 
convention  and  the  contestant  shall  have  in  writing 
charged  that  the  ballots  in  a  designated  precinct  or  pre- 
cincts were  not  correctly  counted,  and  that  a  recount  there- 
of would  show  the  election  of  the  contestant  as  a  delegate, 
then  any  committee  to  which  such  convention  has  re- 
ferred such  contest  shall  have  power  to  issue  a  subpoena 
directed  to  the  election  commissioners  or  body  having 
charge  and  custody  of  such  ballots,  or  to  the  chairman 
or  clerk,  secretary,  or  registrar  of  voters  thereof,  com- 
manding such  person  or  persons  to  forthwith  produce  the 
envelopes  containing  the  ballots  for  such  party  cast  in 
the  precinct  or  precincts  designated  in  such  subpoena,  and 
if  such  subpoena  shall  be  accompanied  by  a  tender  of 
the  witness  and  mileage  fees  allowed  by  law  in  civil  ac- 
tions, the  person  or  persons  to  whom  such  subpoena  is 
directed  must  forthwith  take  such  ballots  so  sealed  be- 
fore such  committee,  or  send  the  same  so  sealed  by  some 
person  named  over  his  signature  as  the  bearer  thereof, 
who  shall  forthwith  take  such  ballots  sealed  before  such 
committee.  Such  subpoena  may  be  served  by  telegraphic 
copy,  telegraphed  by  the  chairman  or  secretary  of  such 
committee,  and  any  person  disobeying  such  subpoena 
shall,  upon  the  application  of  such  committee  to  the  su- 
perior court  of  the  county  where  such  subpoena  was  prop- 
erly served,  be  cited  by  said  court  to  show  cause  why 
he  should  not  be  punished  for  contempt  of  such  com- 
mittee, and  if  he  be  found  guilty  of  such  disobedience 
he  may  be  punished  for  such  contempt  by  such  court  in 
the  same  manner  as  provided  for  punishment  for  con- 
tempt for  disobedience  to  a  subpoena  in  a  civil  action. 
If  when  such  ballots  are  produced  before  such  committee 
it  shall  resolve  that  the  same  be  recounted,  it  may  order 
the  seal  to  be  broken,  and  may  recount  such  ballots  for 
any  precinct  and  declare  the  result  thereof,  and  report 
the  same  to  such  convention,  and  such  ballots  be  re-en- 
closed in  the  envelope  from  which  they  were  taken,  and 
be  returned  to  the  place  from  which  they  came.  En. 
Stats.  1899,  53.  Rep.  1901,  606.  En.  Stats.  1901,  618. 
Cal.  Rep.  Cit.     145.  155. 

§  1375.    Vacancies,    additional    vote.    If    any     delegate 
elected   under   the   provisions   of   this   chapter   shall    die 


§§  1376-1380  UNIVEESITT    OF   CALIFORNIA.  »6 

before,  or  from  any  cause  shall  be  unable  to  attend  upon, 
the  convention  to  which  he  was  elected  convenes,  then 
the  other  delegates  thereto  who  were  voted  for  in  the 
same  territory  as  such  delegate,  or  if  there  is  no  other 
delegate  remaining  from  said  territory,  then  the  other 
delegates  thereto  who  were  voted  for  in  the  same  assem- 
bly district,  shall  have  power  to  determine  by  a  majority 
vote  which  of  such  delegates  may  cast  an  additional  vote 
in  such  convention,  and  thereupon  the  delegate  so  named 
may  cast  such  additional  vote  in  such  convention.  En. 
Stats.  1899,  54.  Rep.  1901,  606.  En.  Stats.  1901,  619. 
Cal.  Rep.  Cit.     145,  155. 

§  1376.     Registration  of  voters.     (Repealed.)     En.  Stats. 
1899,  55.     Rep.  1901,  606. 

§  1377.     Delegates,  election  of.     (Repealed.)     En.  Stats. 
1899,  55.     Rep.  1901,  606. 

§  1378.     Delegates,    lists    and    credentials.     (Repealed.) 

En.  Stats.  1899,  55.     Rep.  1901,  606. 

§  1379.     Offenses    against.     (Repealed.)      En.    1899,    55. 
Am'd.  1899,  56.     Rep.  1901,  606. 

§  1380.     Proceedings   where    no    board    of   election    com- 
missioners.    (Repealed.)     En.   1899,   55.     Rep.   1901,   606. 


TITLE     III. 

EDUCATION. 

Chapter  I.    University  of  California,  §§  1385-1477. 
II.     State  Normal  School,   §§  1487-1507. 
III.     Public  Schools,  §§  1517-1891. 

CHAPTER  I. 

UNIVERSITY    OF    CALIFORNIA. 

(Vrtlcle    I.    General    Provisions    Relating    to    the    University,     JJ    1386- 
1405. 
II.     Endowment   of   the   University,    §    1415. 

III.  Regents   of   the  University,    §§    1425-1439. 

IV.  Secretary   of   the   Board   of  Regents,    §§   1449-1451. 
V.    Academic   Senate  of  the   University,    {§   1^1-1463. 

VI.    University   Cadeta,    SS    1473-1477.  , 


297  UNIVERSITY  OF  CALIFORNIA.  S§  1385,  0386 

ARTICLE  I. 

GENERAL.   PROVISIONS    RELATING    TO    THE   UNIVERSITY. 

§  1385.  Object   of  university. 

§  1386.  Colleges    to    be    maintained. 

§  13S7.  Scope   of   college   of   letters. 

§  1388.  Course    of   Instruction. 

§  1389.  President    of    university. 

§  1390.  Duties   of   president. 

§  13fll.  Government    and    discipline. 

§  1392.  Students. 

§  13!t3.  Fees    and    rates    of    tuition. 

§  1394.  Same. 

§  1395.  Free    scholarship. 

§  1390.  Colleges   may  be  affiliated  with  university. 

§  1397.  Annual   examination    for   degrees. 

§  1398.  Same. 

§  1399.  Same. 

§  1400.  Degrees  to  graduates   of  affiliated  colleges. 

§  1401.  Certificates  of  proficiency. 

§  1402.  Degrees. 

§  1403.  Degrees    In   colleges   of   letters. 

§  1404.  System    of    manual    labor    In    connection    with    agricultural    col- 
lege. 

§  1405.  Sectarian,    etc.,    tests   prohibited. 

§  1385.  Object  of  university.  The  University  of  Cali- 
fornia, located  in  Alameda  County,  has  for  Its  object 
general  instruction  and  education  in  all  the  departments 
of  science,  literature,  art,  industrial  and  professional 
pursuits,  and  special  instruction  for  the  professions  of 
agriculture,  the  mechanic  arts,  mining,  military  science, 
civil  engineering,  law,  medicine,  and  commerce.  EJn. 
March  12,  1872. 

Cal.  Rep.  Cit.     123,  618, 

University  of  California — declared  a  public  trust:  Const. 
Cal.,  art.  IX,  sec.  9. 

Organic  act  creating  university:  Stats.  1868,  p.  248. 
Am'd.  1871-2,  p.  655.  The  code  commissioners  say  of  this 
section:  "Probably  repealed  by  the  code,  but,  if  so,  re- 
vived and  made  irrepealable  by  section  9,  article  IX  of 
the  constitution." 

Acts  relating  to  the  state  university:  See  General  Laws, 
title  University  of  California. 

§  1386.  Colleges  to  be  maintained.  There  must  be 
maintained  in  the  university: 

1.  A  college  of  letters. 

2.  A  college  or  colleges  of  science.  Including  agriculture, 
mechanics,  mining,  engineering,  chemistry,  and  such  other 
specialties  as  the  board  of  regents  may  determine. 

3.  College  of  medicine  and  law. 


§  1387-1393  UNIVERSITY  OF  CALIFORNIA.  m 

4.  Such  other  colleges  as  the  board  of  regents  may  es- 
tablish.    En.  March  12,  1872.     Am'd.  1873-4,  31. 

Subd.  3.  Colleges  of  medicine  and  law,  afllliation  of: 
Post,  sec.  1396, 

§  1387.  Scope  of  college  of  letters.  The  college  of 
letters  must  embrace  a  liberal  course  of  instruction  in 
language,  literature  and  philosophy.    En.  March  12,  1872. 

§  1388.  Course  of  instruction.  Each  full  course  of  ifl- 
struction  consists  of  its  appropriate  studies  and  courses, 
to  be  determined  by  the  board  of  regents.  En.  March  12, 
1872.     Am'd.  1873-4,  31. 

§  1389.  President  of  university.  The  president  of  the 
university  is  the  executive  head  of  the  institution  in  all 
its  departments,  except  as  herein  otherwise  provided. 
En.  March  12,  1872. 

§  1390.  Duties  of  president.  He  must,  subject  to  the 
board  of  regents,  give  general  direction  to  the  practical 
affairs  of  the  several  colleges,  and  In  the  recess  of  the 
board  of  regents  may  remove  any  employee  or  subordi- 
nate officer  not  a  member  of  any  faculty,  and  supply  for 
the  time  being  any  vacancies  thus  created;  and  until  the 
regents  otherwise  direct  he  is  charged  with  the  duties  of 
one  of  the  professorships.     En.  March  12,  1872. 

§  1391.  Government  and  discipline.  The  immediate 
government  of  the  several  colleges  is  intrusted  to  their 
respective  faculties,  each  of  which  must  have  Its  own 
organization,  regulate  its  own  affairs,  and  may  recom- 
mend the  course  of  study  and  the  text-books  to  be  used. 
En.  March  12,  1872. 

§  1392.  Students.  Any  resident  of  California  of  the 
are  of  fourteen  years  or  upwards,  of  approved  moral 
character,  may  enter  himself  in  the  university  as  a  student 
at  large,  and  receive  tuition  in  any  branches  of  instruction 
at  the  time  when  the  same  are  given  in  their  regular 
course,  on  such  terms  as  the  board  of  regents  may  pre- 
scribe.    En.  March  12,  1872. 

Any  resident  of  California — no  person  to  be  debarred 
admission  on  account  of  sex:   Const.  Cal.,  art.  IX,  sec.  9. 

§  1393.  Fees  and  rates  of  tuition.  An  admission  fee 
and  rate  of  tuition  fixed   by  the  board  of  regents  must 


»9  UNIVERSITY   OP    CALIFORNIA.  SS  1394-1397 

be    required    of    each    pupil,    except    as    Iierein    otherwise 
provided.     En.  March  12,  1872. 

§  1394.  Same.  As  soon  as  the  income  of  the  university 
shall  permit,  admission  and  tuition  must  be  free  to  all 
residents  of  the  state;  and  the  regents  must  so  apportion 
the  representation  of  students  according  to  population 
that  all  portions  of  the  state  may  enjoy  equal  privileges 
therein.     En.   March   12,   1872. 

5  1395.  Free  scholarship.  If  approved  by  the  board  of 
regents,  scholarships  may  be  established  in  the  university 
by  any  persons  for  the  purpose  of  private  benefaction 
or  of  affording  tuition  in  any  course  of  the  university, 
free  from  the  ordinary  charges,  to  any  scholar  in  the 
public  schools  of  the  state  who  may  distinguish  himself 
in  study,  according  to  the  recommendation  of  his  teachers, 
and  who  passes  the  examination  required  for  the  grade 
at  which  he  wishes  to  enter  the  university.  En.  March 
12,  1872. 

§  1396.  Colleges  may  be  affiliated  with  universiyt.  The 
board  of  regents  may  affiliate  with  the  university  any 
incorporated  college  of  medicine,  law,  or  other  special 
course  of  instruction,  upon  such  terms  as  may  be  deemed 
expedient;  and  such  college  may  retain  the  control  of 
its  own  property,  have  its  own  board  of  trustees,  faculties, 
and  presidents,  respectively;  and  the  students  of  such 
colleges,  recommended  by  the  respective  faculties  there- 
of, may  receive  from  the  university  the  degrees  of  those 
colleges.     En.  March  12,  1872. 

Hastings  College  of  Law — acts  relating  to:  See  General 
Laws,  title  Hastings  Law  School.  Women  admitted  as 
students:    See  Const.  Cal.,  art.  IX,  sec.  9. 

Medical  department  of  the  University  of  California  to 
be  called  the  "Toland":   Stats.  1881,  p.  24. 

§  1397.  Annual  examination  for  degrees.  The  examina- 
tions for  degrees  must  be  annual.  Students  who  have 
passed  not  less  than  a  year  as  residents  in  any  college, 
academy,  or  school  in  this  state,  and  who,  after  examina- 
tion by  the  faculty  thereof,  are  recommended  by  them  as 
proficient  candidates  for  any  degree  in  any  regular  course 
of  the  university,  must  be  examined  therefor  at  the  an- 
nual examination;  and  on  passing  such  examination  may 
receive  the  degree  and  diploma  for  that  course,  and  rank 
as  graduates.    En.  March  12,  1872. 


§§  1398-1405  UNIVERSITY  OP   CALIFORNIA.  3(M 

§  1398.  Same.  All  students  of  the  university  who  have 
been  residents  thereat  for  not  less  than  one  year,  and 
all  graduates  thereof,  may  present  themselves  fo  ex- 
amination in  any  course  at  the  annual  examinations,  and, 
on  passing  such  examination,  may  receive  the  degree  and 
diploma  of  that  course.  En.  March  12,  1872.  Am'd.  1873- 
4,  31. 

§  1399.  Same.  Upon  such  examinations  each  profes- 
sor and  instructor  of  that  course  may  cast  one  vote,  by 
ballot,  upon  each  application  for  recommendation  to  the 
board  of  regents  for  a  degree.     En.  March  12,  1872. 

§  1400.     Degrees     to     graduates     of     affiliated     colleges. 

Graduates  of  the  College  of  California,  and  of  any  incor- 
porated college  affiliated  with  the  university,  may  receive 
the  degrees  from,  and  rank  as  graduates  of  the  university. 
En.  March  12,  1872. 

§  1401.  Certificate  of  proficiency.  The  board  of  re- 
gents may  also  confer  certificates  of  proficiency  in  any 
branch  of  study,  upon  such  students  of  the  university  as 
upon  examination  are  found  entitled  to  the  same.  En. 
March  12,  1872. 

§  1402.  Degrees.  The  proper  degree  of  each  college 
must  be  conferred  at  the  end  of  the  course  upon  such 
students  as,  having  completed  the  same,  are  found  pro- 
ficient therein.     En.  March  12,  1872. 

§  1403.  Degrees  in  colleges  of  letters.  The  degree  of 
bachelor  of  arts,  and  afterwards  the  degree  of  master  of 
arts,  in  usual  course,  must  be  conferred  upon  the  graduates 
Oi.  the  college  of  letters.     En.  March  12,  1872. 

§  1404.  System  of  manual  labor  in  connection  with 
agricultural  college.  A  system  of  moderate  manual  labor 
must  be  established  in  connection  with  the  agricultural 
college,  upon  its  agricultural  and  ornamental  grounds, 
for  practical  education  in  agricultural  and  landscape  gar- 
dening.    En.   March   12,   1872. 

§  1405.  Sectarian,  etc.,  tests  prohibited.  No  sectarian, 
political,  or  partisan  test  must  ever  be  allowed  or  exer- 
cised in  the  appointment  of  regents,  or  in  the  election  of 
profe.ssors,  teachers,  or  other  officers  of  the  university, 
or  in  the  admission  of  students  thereto,  or  for  any  pur- 


301  UNIVERSITY   OF    CALIFORNIA.  §  1415 

pose  whatsoever;  nor  must  the  majority  of  the  board  of 
regents  be  of  any  one  religious  sect  or  of  no  religious 
belief.     En.  March  12,  1872. 

Independence  of  political  or  sectarian  influence — pre- 
served by  Const.  Cal.,  art.  IX,  sec.  9. 

ARTICLE  II. 

ENDOWMENT   OF   THE   UNIVERSITY. 
§  141.5.     Endowment. 

§  1415.  Endowment.  The  indorsement  [endowment]  of 
the  university  is: 

1.  The  proceeds  of  the  sale  of  the  seventy-two  sections 
of  land  granted  to  the  state  for  a  seminary  of  learning. 

2.  The  proceeds  of  the  ten  sections  of  land  granted  to 
the  state  for  public  buildings. 

3.  The  income  derived  from  the  investments  of  the  pro- 
ceeds of  the  sale  of  the  lands  or  of  the  scrip  therefor, 
or  of  any  part  thereof,  granted  to  this  state  for  the  en- 
dowment, support,  and  maintenance  of  at  least  one  col- 
lege where  the  leading  object  shall  be — without  excluding 
other  scientific  and  classical  studies,  and  including  mili- 
tary tactics — to  teach  such  branches  of  learning  as  are 
related  to  agriculture  and  the  mechanic  arts. 

4.  The  income  of  the  fund  set  apart  by  "An  act  for 
the  endowment  of  the  University  of  California,"  approved 
April  second,  eighteen  hundred  and  seventy,  which  is  con- 
tinued in  force. 

6.  The  state  of  California,  in  its  corporate  capacity, 
may  take  by  grant,  gift,  devise,  or  bequest,  any  property 
for  the  use  of  the  university,  and  hold  the  same,  and  apply 
the  fun-ds  arising  therefrom,  through  the  regents  of  the 
university,  to  the  support  of  the  university,  as  provided 
in  article  IX,  section  four,  of  the  constitution. 

7.  The  regents  of  the  university,  in  their  corporate  ca- 
pacity, may  take,  by  grant,  gift,  devise,  or  bequest,  any 
property  for  the  use  of  the  university,  or  of  any  college 
thereof,  or  of  any  professorship,  chair,  or  scholarship  there- 
in, or  for  the  library,  an  observatory,  workshops,  gardens, 
greenhouses,  apparatus,  a  students'  loan  fund  or  any  other 
purpose,  appropriate  to  the  university;  and  such  prop- 
erty shall  be  taken,  received,  held,  managed,  and  invested, 
and  the  proceeds  thereof  used,  bestowed,  and  applied  by 
the  said  regents  for  the  purposes,  provisions,  and  condi- 
tions prescribed  by  the  respective  grant,  gift,  devise,  or 
bequest. 


§  1425  UNIVERSITY    OF    CALIFORNIA.  Wi 

8.  The  regents  of  the  university  may  invest  any  of  the 
permanent  funds  of  the  university,  which  are  now  or  here- 
after may  be  in  their  custody,  in  productive,  unincumbered 
real  estate  in  this  state,  subject  to  the  power  of  the  legis- 
lature to  control  or  change  such  investments,  excepting 
such  as,  by  the  terms  of  their  acquisition,  must  be  other- 
wise invested. 

9.  If  by  the  terms  of  any  grant,  gift,  devise,  or  bequest, 
such  as  are  described  in  the  preceding  sixth  and  seventh 
subdivisions,  conditions  are  imposed  which  are  impracti- 
cable under  the  provisions  of  the  Civil  Code,  such  grant, 
gift,  devise,  or  bequest,  shall  not  thereby  fail,  but  such 
conditions  shall  be  rejected,  and  the  intent  of  the  donor 
carried  out  as  near  as  may  be.  En.  March  12,  1872.  Am'd. 
1873-4,   31. 

Cal.  Rep.  Cit.     63,  39;   123,  619. 

Permanent  endowment  fund,  consolidation  of  funds  for, 
and  use  of  income  for  current  expenses:  See  Stats.  1878, 
p.  337. 

University  lands,  selection  and  sale  of:  Post,  sees. 
3533-3556. 

Subds.  1,  2.  Proceeds  of  lands  for  seminary  of  learning 
and  public  buildings,  disposition  of:  Post,  sec.  3535. 

Subd.  3.  College  or  agriculture  and  mechanic  arts,  pro- 
ceeds of  sales  of  lands  for:  Post,  sec.  3533.  Interest  in- 
violably appropriated  for  at  least  one:  Const.  Cal.,  art.  IX, 
sec.  9. 

Subd.  7.  Regents  to  receive  donations:  See  ante,  sec. 
1432,  subd.  5. 

ARTICLE  III. 

REGENTS    OP    THE   UNIVERSITY. 

§  142.5.  University   controlled   by    regents. 

§  1426.  Sixteen    regents   appointed    by    the    governor. 

§  1427.  Six   other   regents,    appointment   of. 

§  1428.  Vaeanties. 

§  1429.  President    of    the    board. 

I  14;!0.  Qudriun. 

ji  IVA.  Regents    receive    no   compensation. 

§  1432.  General  powers  and  duties  of  regents. 

§  14!:'..  Inciime   arising   from    endowment   at   disposition   of   regents. 

§  1134.  Fund    to   be    set    apart    for   current   expenses. 

(j   1 43.1.  Funds    may    be   drawn    from   state    treasury. 

g   1436.  Construction    of    buildings. 

§   1437.  Same. 

§   1438.  Same. 

!S   1439.  Temporary    buildings. 

§  1425.  University  controlled  by  regents.  The  univer- 
sity is  under  the  control  of  a  board  of  regents,  consisting 


303  UNIVERSITY    OF    CALIFORNIA.  S5  1426-1432 

of  twenty-two  members;  but  the  president  of  the  univer- 
sity, for  the  time  being,  shall  be  a  member  of  the  board 
of  regents,  by  virtue  of  his  office.  En.  March  12,  1872. 
Am'd.  1873-4,  33. 

Regents  of  university — are  civil  executive  officers:  Ante, 
sec.  343. 

§   1426.     Sixteen     regents    appointed     by    the     governor. 

Sixteen  members  of  the  board  are  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  senate.  Their 
term  of  office  is  sixteen  years.     En.  March  12,  1872. 

§  1427.  Six  otiier  regents,  appointment  of.  Six  mem- 
bers of  the  board  hold  by  virtuo  of  other  offices,  as  pro- 
vided in  section  353.     En.  March  12,  1872. 

Ex-officio  regents:   Ante,  s^c.  353. 

§  1428.  Vacancies.  Whenever  a  vacancy  occurs  in  the 
board,  the  governor  must  appoint  some  person  to  fill  it, 
and  the  person  so  appointed  holds  for  the  remainder  of 
the  term.     En.  March  12,  1872. 

§  1429.  President  of  the  board.  The  governor  is  presi- 
dent of  the  board.    En.  March  12,  1872. 

§  1430.  Quorum.  Seven  members  constitute  a  quorum 
of  the  board.     En.  March  12,  1872. 

§  1431.  Regents  receive  no  compensation.  The  mem- 
bers receive  no  compensation.     En.  March  12,  1872. 

§  1432.  General  powers  and  duties  of  regents.  The 
powers  and  duties  of  the  board  of  regents  are  as  follows: 

1.  To  meet  at  such  times  and  places  as  their  rules 
may  prescribe,  or  at  the  call  of  the  president  of  the  board. 

2.  To  control  and  manage  the  university  and  its  prop- 
erty. 

3.  To  prescribe  rules  for  their  own  government  and  for 
the  government  of  the  university. 

4.  To  adopt  and  prescribe  rules  for  the  government  and 
discipline  of  the  cadets. 

5.  To  receive,  in  the  name  of  the  state,  or  of  the  board 
of  regents,  as  the  case  may  be,  all  property  donated  to 
the  university. 

6.  To   choose   a   president   of   the   university,   the   pro- 


§  1433  UNIVERSITY   OF  CALIFORNIA.  804 

fessors,  and  other  officers  and  employees  of  the  university, 
prescribe  their  duties,  fix  and  provide  for  the  payment  of 
their  salaries. 

7.  To  fix  the  qualifications  for  admission  to  the  benefits 
of  the  university. 

8.  To  fix  the  admission  fee  and  rates  of  tuition. 

9.  To  appoint  a  secretary  and  treasurer,  prescribe  their 
duties,  and  fix  and  provide  for  the  payment  of  their  com- 
pensation. 

10.  To  remove,  at  pleasure,  any  officer,  professor,  or 
employee  of  the  university. 

11.  To  supervise  the  general  courses  of  instruction,  and 
on  the  recommendation  of  the  several  faculties,  prescribe 
the  authorities  and  text-books  to  be  used  in  the  several 
colleges. 

12.  To  confer  such  degrees,  and  grant  such  diplomas, 
as  are  usual  in  universities,  or  as  they  deem  appropriate. 

13.  To  establish  and   maintain  a  museum. 

14.  To  establish  and  maintain  a  library. 

15.  To  take  immediate  measures  for  the  permanent  im- 
provement and  planting  of  the  university  grounds. 

16.  To  keep  a  record  of  all  their  proceedings. 

yi.  Through  the  president  of  the  university,  to  report 
to  the  governor  the  progress,  condition,  and  wants  of  each 
of  the  colleges  embraced  in  the  university,  the  course  of 
study  in  each,  the  number  of  professors  and  students, 
the  amount  of  receipts  and  disbursements,  together  with 
the  nature,  cost,  and  results  of  all  important  investiga- 
tions and  experiments,  and  such  other  information  as  they 
may  deem  important.  En.  March  12,  1872.  Am'd.  1873-4, 
33. 

Subd.  3.  Government  of  the  university. — Sale  of  intoxi- 
cating liquors  within  two  miles  of  the  university  pro- 
hibited: Stats.  1873,  p.  12.  Superseded  by  Pen.  Code,  sec. 
172,  as  amended  April  3,  1876. 

Subd.  5.  To  receive  donations,  specimens  collected  by 
state  geological  survey:   Ante,  sec.  550. 

§  1433.     Income  arising  from  endowment  at  disposition 
of   regents.     The   entire   income   arising   from   the   endow- 
ment  is   subject   to   the   trusts   at   the   disposition   of  the 
board  of  regents  for  the  support  of  the  university.    En 
March  12,  1872. 


305  UNIVERSITY   OF   CALIFORNIA.  H  1434-1433 

Consolidated  perpetual  endowment  fund:  Stats.  1878  p. 
337. 

§  1434.     Fund  to  be  set  apart  for  current  expenses.     For 

the  current  expenditures  of  the  university  specific  sums 
of  money  must  be  set  aside,  out  of  the  funds  at  their 
disposal,  by  the  board  of  regents,  which  are  subject  to 
the  warrants  of  the  president  of  the  board,  drawn  upon 
the  treasurer  of  the  univer£,ity  in  pursuance  of  the  orders 
of  the  board  of  regents.     En.  March  12,  1872. 

Current  expenses — income  of  consolidated  perpetual  en- 
dowment fund  to  be  used  for:   Stats.  1878,  p.  337. 

§  1435.     Funds  may  be  drawn  from  state  treasury.     All 

moneys  which  may  at  any  time  be  in  the  state  treasury, 
subject  to  the  use  of  the  board  of  regents,  may  be  drawn 
therefrom  by  the  president  of  the  board,  upon  the  order 
of  the  board,  in  favor  of  the  treasurer  of  the  university. 
En.  March  12,  1872.     Am'd.  1873-4,  35. 

§  1436.  Construction  of  buildings.  The  regents  must 
cause  to  be  constructed  such  buildings  as  are  needed  for 
the  use  of  the  university.     En.  March  12,  1872. 

§  1437.  Same.  The  plan  adopted  in  the  construction  of 
buildings  must  provide  separate  buildings  for  separate 
uses,  and  so  group  all  such  buildings  that  a  central  build- 
ing may  bring  the  whole  in  harmony  as  part  of  one  de- 
sign.    En.   March   12,   1872. 

§  1438.  Same.  The  construction  and  furnishing  of  the 
buildings  must  be  let  out  to  the  lowest  responsible  bid- 
der, after  advertisement,  for  not  less  than  ten  days  in  at 
least  two  daily  newspapers  published  in  the  city  of  San 
Francisco;  but  ^he  regents  may  reject  any  bid,  and  ad- 
vertise anew.     En.  March  12,  1872. 

§  1439.  Temporary  buildings.  Until  the  university 
buildings  are  ready  for  use  the  regents  may  make  tem- 
porary arrangements  for  buildings  at  Oakland.  En.  March 
12,  1872. 

Pol.  Code— 20 


§§  1449,  1450  UNIVERSITY   OF    CALIFORNIA.  SOS 

ARTICLE  IV. 

SECRETARY    OF    THE    BOARD    OF    REGENTS. 

§  1449.     Qualifications   and    choice    of   secretary. 
§  1450.     Residence   ana   duties   of  secretary. 
I  1451.     Term    and    compensation. 

§  1449.  Qualifications  and  choice  of  secretary.  A  prac- 
tical agriculturist,  competent  to  superintend  the  ■working 
of  the  agricultural  farm  and  to  discharge  the  duties  of 
secretary  of  the  board  of  regents,  must  be  chosen  by  the 
board  as  their  secretary.     En.  March  12,  1872. 

§  1450.  Residence  gnd  duties  of  secretary.  The  secre- 
tary   must: 

1.  Reside  and  keep  his  office  at  the  seat  of  the  university. 

2.  Keep  a  record  of  the  transactions  of  the  board  of 
regents,  which  must  be  open  at  all  times  to  the  inspection 
of  any  citizen  of  this  state. 

3.  Have  the  custody  of  all  books,  papers,  documents, 
and  other  property  which  may  be  deposited  in  his  office. 

4.  Keep  and  file  all  reports  and  communications  which 
may  be  made  to  the  university  appertaining  to  education, 
science,  art,  husbandry,  mechanics,  or  mining. 

5.  Address  circulars  to  societies  and  others,  soliciting 
information  upon  the  latest  and  best  modes  of  culture  (^f 
the  products  adapted  to  the  soil  and  climate  of  the  state, 
and  on  all  subjects  connected  with  field  culture,  horti- 
culture, stock-raising,  and  the  dairy. 

6.  Correspond  with  established  schools  of  mining  and 
metallurgy  in  Europe,  and  obtain  information  respecting 
the  improvements  of  mining  machinery  adapted  to  Cali- 
fornia. 

7.  Correspond  with  the  patent  office  at  Washington, 
and  with  the  representatives  of  the  government  of  the 
United  States  abroad,  to  procure  contributions  to  agri- 
culture from  these  sources;  receive  and  distribute  seeds, 
plants,  shrubbery,  and  trees  adapted  to  our  climate  and 
soils,  for  the  purposes  of  experiment. 

8.  Obtain  contributions  to  the  museums  and  the  library 
o'  the  university. 

9.  Keep  a  correct  account  of  all  the  executive  acts  of 
the  president  of  the  university. 


307  UNIVERSITY  OF   CALIFORNIA.  §§  1451-1463 

10.  Keep  an  accurate  account  of  all  moneys  received 
into  the  treasury  or  paid  therefrom. 

11.  Distribute  the  seeds,  plants,  trees,  and  shrubbery 
received  by  him,  and  not  needed  by  the  university,  equally 
throughout  the  state,  to  farmers  and  others  who  will  agree 
to  cultivate  them  properly  and  return  to  the  secretary's 
office  a  reasonable  proportion  of  the  products  thereof, 
with  a  statement  of  the  mode  of  cultivation,  and  such 
other  information  as  may  be  necessary  to  ascertain  their 
value  for  cultivation  in  the  state. 

12.  Publish  from  time  to  time  in  the  newspapers  of  the 
state,  free  of  charge,  information  relating  to  agriculture, 
the  mechanic  arts,  mining  and  metallurgy.  En.  March  12, 
1872. 

§  1451.  Term  and  compensation.  The  secretary  holds 
office  at  the  pleasure  of  and  receives  the  compensation 
fixed  by  the  board.     En.  March  12,  1872. 


ARTICLE  V. 

ACADEMIC    SENATE    OF    THE     lWIVERSITT  ' 

§  1461.     Academic  senate. 
§  1462.     General   powers  of. 
§  1463.     Proceedings  of. 

§  1461.  Academic  senate.  The  academic  senate  is 
composed  of  the  faculties  and  instructors  of  the  university. 
En.  March  12.  1872. 

Cal.  Rep.  Cit.     123,  619. 

§  1462.  General  powers  of.  The  senate  must  conduct 
the  general  administration  of  the  university,  regulate  the 
general  and  special  courses  of  instruction,  receive  and 
determine  all  appeals  from  acts  of  discipline  enforced  by 
the  faculty  of  any  college,  and  exercise  such  other  powers 
as  the  board  of  regents  may  confer  upon  it.  En.  March  12, 
1872. 

§  1463.  Proceedings  of.  Its  proceedings  must  be  con- 
ducted according  to  the  rules  of  order  adopted  by  it,  and 
every  person  engaged  in  instruction  in  the  university  may 
participate  in  its  discussions;  but  the  right  of  voting  is 
confined  to  the  president  and  the  professors.  En.  March 
12,  1872. 


§§  1473-1477  STATE    NORMAL,    SCHOOL.  808 


ARTICLE  VI. 

UNIVERSITY    CADETS. 

§  1473.  University    cadets. 

I  1474.  Officers    of. 

§  147.5.  Equipment   of. 

§■  1476.  Retired    officers    of. 

§  1477.  Report    of    military    instructor. 

§  1473.  University  cadets.  The  students  of  the  univer- 
sity must  he  organized  into  a  body  Itnown  as  the  "Univer- 
sity Cadets."     En.  March  12,  1872. 

§  1474.  Officers  of.  The  officers  of  cadets,  between  and 
including  tlie  ranks  of  second  lieutenant  and  colonel, 
must  be  selected  by  the  chief  military  instructor,  with  the 
assent  of  the  president  of  the  university,  and  must  be 
commissioned  by  the  governor.  En.  March  ±2,  1872.  Am'd. 
1873-4,  35. 

§  1475.  Equipment  of.  The  adjutant-general  of  the 
state  must  issue  such  arms,  munitions,  accoutrements, 
and  equipments  to  the  university  cadets  as  the  board  of 
regents  mav  require  and  the  governor  approved.  En. 
March  12,  1872,     Am'd.  1873-4,  35. 

§  1476.  Retired  officers  of.  Upon  graduating  or  retiring 
from  the  university,  such  oiRcers  may  resign  their  com- 
missions or  hold  the  same  as  retired  oflBcers  of  the  uni- 
versity cadets,  liable  to  be  called  into  service  by  the  gov- 
ernor in  case  of  war,  invasion,  insurrection,  or  rebellion. 
Eti.  March  12,  1872. 

§  1477.  Report  of  military  instructor.  The  military  In- 
structor must  make  quarterly  reports  to  the  adjutant- 
general  of  the  state,  showing  the  number,  discipline,  and 
equiprdents  of  the  cadets.     En.  March  12,  1872. 

CHAPTEH  II. 

STATE     NORM.\L    SCHOOL. 


§  14S7 

§  14SX 

S  14S!i 

5  nno 

5  u'j\ 

5  Hil2 

S  1493 


Object    of   school. 

Undor  control    of   board    of   trustees. 

fJeneral    powers   and    duties  of   board. 

Regrular    nu'C-tlnps    of    board. 

.'Special    mcetlnfis    of    board. 

Time   and    place   of   meeting   of  joint   board;   powers   and   duties. 

Apportionment    if    pupils.     (Repealed.) 


309  STATE   NORMAL   SCHOOL.  §§  1487-1489 

§  1494.  General    qualifications    for    admission    as    pupils. 

§  1495.  Pujiils   from   state  at  large. 

§  149C.  Pui>ils    from    other    states. 

§  1-197.  Pupils   to  file  certain   declaration. 

§  149S.  Comiiotitive    examinations    before    county    boards.     (Repealed.) 

§  1499.  Manner    of    examination.     (Repealed.) 

§  liOO.  Persons  passing  to  be  admitted  as  pupils,    in  what  order.    (Re- 
pealed.) 

§  l.'iDl.  Principal    to   make   annual   report. 

§  1502.  Principal   may   be  permitted  to  attend  county  institutes. 

§  l.'iOG.  Issuance   of   certificates   or   diplomas   of  normal   school. 

§  1504.  Secretary    and    board    of    trustees.     (Repealed.) 

§  1.505.  Supervision    by    superintendent    of   public    instruction. 

^  1,50H.  Biennial    appropriation    to    be    made.     (Repealed.) 

§  1507.  Orders   on   controller,    how   drawn. 

§  1487.  Object  of  school.  The  state  normal  schools 
have  for  their  objects  the  education  of  teachers  for  the 
public  schools  of  this  state.  En.  March  12,  1872.  Am'd. 
1887,  137. 

Cal.  Rep.   Cit.     86,   632. 

See  Const.  Cal.,  art.  IX,  sec.  6,  authorizing  normal  school 
to  be  establishedi  as  part  of  the   common-school   system. 

§  1488.  Under  control  of  board  of  trustees.  The  state 
normal  schools  shall  be  under  the  management  and  con- 
trol of  boards  of  trustees,  constituted  as  provided  in  sec- 
tion three  hundred  and  fifty-four  of  the  Political  Code  of 
the  state  of  Caiifornia.  En.  March  12,  1872.  Am'd.  1887, 
137. 

State  normal  schools  and  trustees  of:  See  ante,  sec. 
354. 

Acts  establishing  and  relating  to  normal  schools:  See 
post,  Appendix,  title  Normal  Schools. 

§  1489.  General  powers  and  duties  of  board.  The  pow- 
ers and  duties  of  each  board  of  trustees  are  as  follows: 

1.  To  elect  a  secretary,  who  shall  receive  such  salary 
(not  to  exceed  one  hundred  and  fifty  dollars  per  annum) 
as  may  be  allowed  by  the  board; 

2.  To  prescribe  rules  for  their  government  and  the  gov- 
ernment of  the  school; 

3.  To  prescribe  rules  for  the  report  of  oflBcers  and  teach- 
ers of  the  school,  and  for  visiting  other  schools  and  in- 
stitutions; 

i.  To  provide  for  the  purchase  of  school  apparatus,  fur- 
niture, stationery,  and  text-books  for  the  use  of  pupils; 

5.  To  establish  and  maintain  model  and  training  schools 
L.  the  primary  and  grammar  grades,  and,  in  their  discre- 


§§  1490,  1491  STATE   NORMAL   SCHOOL.  81* 

tion,  of  the  kindergarten  grade,  and  to  require  the  students 
of  the  normal  schools  to  teach  and  instruct  classes  there- 
in; 

6.  To  elect  the  president  of  the  school,  and  to  elect  the 
teachers,  upon  their  nomination  by  the  president  of  the 
school,  fix  their  salaries,  and  prescribe  their  duties;  pro- 
vided, that  after  the  president  or  a  teacher  has  served  suc- 
cessfully and  acceptably  in  the  school  for  the  period  of  two 
years  prior  to  or  afte  the  passage  of  this  act,  his  or  her 
appointment  thereafter  may,  at  the  discretion  of  the  boa,rd 
or  trustees,  be  made  for  a  term  not  to  exceed  four  years, 
unless  removed  for  cause; 

7.  To  control  and  expend  all  moneys  appropriated  for 
the  support  and  maintenance  of  the  school,  and  all  moneys 
received  for  tuition  or  donations; 

8.  To  cause  a  record  of  all  their  proceedings  to  be  kept, 
which  shall  be  open  to  public  inspection  at  the  school; 

9.  To  keep  open  to  public  inspection  an  account  of  re- 
ceipts and  expenditures; 

10.  To  annually  report  to  the  state  superintendent  of 
public  instruction  a  statement  of  their  transactions,  and  of 
all  matters  pertaining  to  the  school; 

11.  To  transmit  with  such  report  a  copy  of  the  presi- 
dent's annual  report; 

12.  To  revoke  any  diploma  by  them  granted,  on  receiv- 
ing satisfactory  evidence  that  the  holder  thereof  is  ad- 
dicted to  drunkenness,  is  guilty  of  gross  immorality,  or 
is  reputedly  dishonest  in  his  dealings;  provided,  that  such 
person  shall  have  at  least  thirty  days'  previous  notice  of 
such  contemplated  action,  and  slaall,  if  he  ask  it,  be  heard 
in  his  own  defense.  En.  March  12,  1872.  Am'd.  1873-4,  75; 
1887,  137;    1897,   234;    1899,  77;    1905,  25. 

Cal.  Rep.   Cit.     136,   215;    136,  217. 

Acts  estaolishing  and  relating  to  normal  schools:  See 
post,  Appendix,  title  Normal  Schools. 

§  1490.  Regular  meetings  of  board.  Each  board  of 
trustees  must  hold  two  regular  meetings  in  each  year,  and 
may  hold  special  meetings,  at  the  call  of  the  secretary, 
when  directed  by  the  chairman.  En.  March  12,  1872. 
Am'd.  1887,  138. 

§  1491.  Special  meetings  of  ooard.  The  time  and  place 
of  regular  meetings  must  be  fixed  by  the  by-laws  of  the 


311  STATE   NORMAL  SCHOOL.  S  1492 

board.  The  secretary  must  give  written  notice  of  the 
time  and  place  of  special  meetings-  to  each  member  of 
the  board.  Each  member  shall  be  allowed  his  expenses 
in  attending  the  meetings  of  the  board,  the  bills  to  be 
audited  the  same  as  any  bills  for  the  maintenance  of  the 
school.     En.  March  12,  1872.     Am'd.  1887,  138;   1897,  235. 

§  1492.  Time  and  place  of  meeting  of  joint  board;  pow- 
ers and  duties.  There  shall  be  a  joint  board  of  state 
normal  school  trustees,  to  be  composed  of  the  governor, 
the  superintendent  of  public  instruction,  the  presidents 
of  the  different  state  normal  schools,  the  chairman  and 
two  other  members  of  each  normal  school  board.  The 
two  members  besides  the  chairman  of  each  local  board 
shall  be  selected  by  the  respective  local  boards  for  every 
joint  meeting.  Said  joint  board  shall  meet  on  the  second 
Friday  of  April  in  each  year,  alternately  at  the  different 
state  normal  schools.  The  first  meeting  after  the  passage 
of  this  act  shall  be  at  San  Diego,  the  second  meeting  at 
San  Francisco,  the  third  at  San  Jose,  the  fourth  at  Chico. 
and  the  fifth  at  Los  Angeles.  Thereafter  the  places  of 
meeting  shall  be  in  the  order  mentioned  above.  Special 
meetings  may  be  called  at  any  time  and  at  any  place  by 
the  governor  for  the  transaction  of  any  urgent  business 
affecting  the  welfare  of  any  or  all  the  state  normal  schools, 
when  in  his  judgment  it  is  necessary.  The  governor  shall 
be  ex-officio  chairman  of  said  joint  board  of  normal  school 
trustees. 

The  powers  and  duties  or  said  joint  board  of  normal 
schools  trustees  are  as  follows: 

1.  To  prescribe  and  enforce  a  uniform  series  of  text- 
books for  use  in  the  state  normal  schools;  the  state  series 
of  text-books  shall  be  used,  when  published,  in  the  grades 
and  classes  for  which  they  are  adapted. 

2.  To  prescribe  and  enforce  a  uniform  course  of  study, 
and  time  and  standard  for  graduation  from  the  state  nor- 
mal schools. 

3.  To  prescribe  a  uniform  standard  of  admission  for 
students  entering  the  normal  schools,  and  for  transfer  of 
pupils  from  one  normal  school  to  another;  provided,  that 
a  student  for  good  cause  may,  upon  recommendation  of  the 
president  of  the  school  from  which  he  'seeks  to  be  trans- 
ferred, enter  any  other  normal  school  and  without  ex- 
amination be  admitted  to  classes  corresponding  to  those 
in  the  school  which  he  has  left. 


§§  1493-1497  STATBJ    NORMAL    SCHOOU  8U 

4.  To  sit  as  a  board  of  arbitration  in  matters  concern- 
ing the  management  of  each  state  normal  school  that  may 
need  adjustment. 

5.  The  joint  board  shall  also  have  the  power  to  pass 
any  general  regulations  that  may  be  applied  to  all  the 
state  normal  schools,  thus  affecting  their  well-being. 

6.  Members  in  attending  the  meetings  of  the  joint  board 
shall  receive  mileage  while  in  actual  attendance  upon 
the  meeting,  the  same  to  be  paid  out  of  any  appropriation 
made  by  the  legislature  for  that  purpose. 

7.  The  superintendent  of  public  instruction  shall  be  the 
secretary  of  the  joint  board.  The  secretary  shall  keep  a 
full  record  of  all  proceedings  of  the  joint  meetings  of  the 
trustees,  and  shall  notify  the  secretary  of  each  board  of 
trustees  of  any  changes  made  in  the  course  of  study,  or 
the  text-books  to  be  adopted.  En.  March  12,  1872.  Am'd. 
1887,  138;  1897,  235;   1899,  78;   1903,  161. 

Cal.  Rep.  Cit.    136,  215;   136,  218. 

§  1493.  Apportionment  of  pupils.  (Repealed.)  En. 
March  12,  1872.     Rep.  1873-4,  79. 

§  1494.     General   qualifications  for  admission   as   pupils. 

Every  person  admitted  as  a  pupil  to  the  normal  school 
course  must  be: 

First — Of  good  moral  character. 

Second — Of  sixteen  years  of  age. 

Third — Of  that  class  of  persons  who,  if  of  a  proper  age, 
would  be  admitted  in  the  public  schools  of  this  state,  with- 
out restriction.    En.  March  12,  1872.    Am'd.  1873-4,  76. 

Cal.  Rep.  Cit.     136,  216. 

§  1495.  Pupils  from  state  at  large.  Teachers  holding 
valid  certificates  to  teach  in  any  county  in  this  state,  may 
be  admitted  to  any  state  normal  school  in  the  state.  En. 
March  12,  1872.    Am'd.  1897,  236. 

§  1496.  Pupils  from  other  states.  Persons  resident  of 
another  state  may  be  admitted  upon  letters  of  recom- 
mendation from  the  governor  or  superintendent  of  schools 
thereof.    En.  March  12,  1872.     Am'd.  1873-4,  77. 

§  1497.  Pupils  to  file  certain  declaration.  Every  person 
making  application  for  admission  as  a  pupil  to  the  normal 
school  must,  at  the  time  of  making  such  application,  file 


818  STATE   NORMAL   SCHOOL.  5S  1498-1503 

with  the  president  of  the  school  a  declaration  that  he 
enters  the  school  to  fit  himself  for  teaching,  and  that  it  is 
his  intention  to  engage  in  teaching  in  the  public  schools 
of  this  state,  or  in  the  state  or  territory  where  the  appli- 
cant resides.  En.  March  12,  1872.  Am'd.  1873-4,  77;  1897, 
236. 

§  1498.  Competitive  examinations  before  county  boards. 
(Repealed.)     En.  March  12,  1872.    Rep.  1873-4,  79. 

§  1499.  Manner  of  examination.  (Repealed.)  En. 
March  12,  1872.    Rep.  1873-4,  79. 

§  1500.  Persons  passing  to  be  admitted  as  pupils,  in 
what  order.  (Repealed.)  En.  March  12,  1872.  Rep. 
1873-4,  79. 

§  1501.  Principal  to  make  annual  report.  The  president 
of  each  state  normal  school  must  make  a  detailed  annual 
report  to  the  board  of  trustees,  with  a  catalogue  of  the 
pupils,  and  such  other  particulars  as  the  board  may  re- 
quire or  he  may  think  useful.  En.  March  12,  1872.  Am'd. 
1887,  138;   1897,  236. 

§  1502.  Principal  may  be  permitted  to  attend  county 
institutes.  The  board  of  trustees  of  any  normal  school 
or  its  executive  committee,  may  grant  permission  to  the 
principal  or  any  teacher  of  such  school  to  attend  any 
county  institute,  and  give .  instruction  on  subjects  relating 
to  education  in  the  public  schools.  En.  March  12,  1872. 
Am'd.  1893,  302. 

§  1503.  Issuance  of  certificates  or  diplomas  of  normal 
school.  (1)  The  board  of  trustees  of  each  state  normal 
school,  upon  the  recommendation  of  the  faculty,  may  issue 
to  those  pupils  who  worthily  complete  the  full  course  of 
study  and  training  prescribed,  diplomas  of  graduation, 
either  from  the  normal  department  or  the  kindergarten 
department,  or  both. 

(2)  Such  diploma  from  the  normal  department  shall  en- 
title the  holder  thereof  to  a  certificate  corresponding  in 
grade  to  the  grade  of  the  diploma  from  any  county,  or 
city  and  county,  board  of  education  in  the  state.  One 
from  the  kindergarten  department  shall  entitle  the  holder 
to  a  certificate  to  teach  in  any  kindergarten  class  of  any 
primary  school  in  the  state. 


U 


§  1503  STATE    NORMAL,   SCHOOL.  314 

(3)  Whenever  any  county,  or  city  and  county,  board  of 
education  shall  present  to  the  state  board  of  education  a 
recommendation  showing  that  the  holder  of  a  normal 
school  diploma  from  the  normal  department  of  any  state 
normal  school  of  the  state  of  California,  or  of  a  diploma 
from  any  other  normal  school,  that  the  state  board  of 
education  shall  declare  to  be  equivalent  to  a  diploma  from 
the  normal  department  of  a  state  normal  school  of  this 
state,  has  had  a  successful  experience  of  two  years  in  the 
public  schools  of  this  state,  subsequent  to  the  granting  of 
such  diploma,  the  state  board  of  education  shall  grant 
to  the  holder  thereof  a  document  signed  by  the  president 
and  secretary  of  the  state  board,  showing  such  fact.  The 
said  diploma,  accompanied  by  said  document  of  the  state 
board  attached  thereto,  shall  become  a  permanent  certifi- 
cate of  qualification  to  teach  in  any  primary  or  grammar 
school  in  the  state,  valid  until  such  time  as  the  said 
diploma  may  be  revoked,  as  provided  in  section  fourteen 
hundred  and  eighty-nine  of  this  code,  or  until  such  time 
as  the  document  issued  by  the  state  board,  as  aforesaid, 
may  be  revoked  or  suspended  as  provided  in  subdivision 
five  of  section  fifteen  hundred  and  twenty-one  of  this 
code". 

(4)  Upon  presentation  of  the  diploma  and  document 
referred  to  in  subdivision  three  of  this  section  to  any 
county,  or  city  and  county,  superintendent  of  schools,  said 
superintendent  shall  record  the  name  of  the  holder  thereof 
in  a  book  provided  for  that  purpose  in  his  ofiice,  and  the 
holder  thereof  shall  henceforth  be  absolved  from  the 
requirements  of  subdivision  one  of  section  sixteen  hundred 
and  ninety-six  of  this  code. 

(5)  Said  diploma  of  graduation  from  any  state  normal 
school  in  this  state,  when  accompanied  by  a  document 
granted  by  the  faculty  of  the  state  university  on  or  before 
the  thirtieth  day  of  June,  nineteen  hundred  and  three, 
showing  that  the  holder  of  such  diploma  has  successfully 
completed  the  course  of  instruction  in  said  university  pre- 
scribed for  students  who  are  graduates  of  a  normal  school 
of  this  state,  shall  entitle  such  holder  to  a  high  school  cer- 
tificate authorizing  the  holder  to  teach  in  any  grammar 
and  primary  school,  and  in  any  high  school  in  this  state. 
En.  March  12,  1872.  Am'tl.  1873-4,  77;  1887,  138;  1893,  267; 
1897,  23G;   1901,  GG7. 


315  STATE   NORMAL.   SCHOOL.  §§  1504-150V 

Cal.  Rep.  Cit.     117,  521;   117,  522;   117,  523;   127,  448;  136, 

216. 
State  board  of  examination  abolished:   Post,  sec.  1757. 
State  board  of  education:  Post,  sees.  1517  et  seq. 

§  1504.  Secretary  and  board  of  trustees.  (Repealed.) 
En.  March  12,  1872.  Am'd.  1873-4,  78;  1887,  139.  Rep. 
1897,  237. 

§  1505.  Supervision  by  superintendent  of  public  instruc- 
tion. The  superintendent  of  public  instruction  must  visit 
each  school  from  time  to  time,  inquire  into  its  condition 
and  management,  enforce  the  rules  and  regulations  made 
by  the  board,  require  such  report  as  he  deem  proper  from 
the  teachers  of  the  school,  and  exercise  a  general  super- 
vision over  the  same.  En.  March  12,  1872.  Am'd.  1873-4, 
78;   1897,  23/. 

Superintendent  of  public  instruction:  Post,  sees.  1532, 
1533. 

§  1506.  Biennial  appropriation  to  be  made.  (Repealed.) 
En.  March  12,  1872.     Rep.  1887,  139;   1897,  237. 

§  1507.  Orders  on  controller,  how  drawn.  Each  order 
upon  the  controller  of  state  by  the  board  of  trustees  of 
a  state  normal  school  must  be  signed  by  the  president 
of  the  board  and  countersigned  by  the  secretary.  Upon 
presentation  of  the  order  aforesaid,  signed  and  counter- 
signed as  aforesaid,  the  controller  of  state  must  draw 
his  warrant  upon  the  state  treasurer  in  favor  of  the  board 
of  trustees  for  any  moneys  or  any  pai't  thereof,  appropri- 
ted  and  set  apart  for  the  support  of  the  normal  school, 
and  the  treasurer  must  pay  such  warrants  on  presentation. 
En.  March  12,  1872.     Am'd.  1873-4,  78;    1887,  139. 


§§  1517-1519 


PUBLIC    SCHOOLS. 


316 


Article  I. 
II. 
III. 
IV. 
V. 
VI. 
VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 


CHAPTER  III. 

PUBLIC    SCHOOLS. 

State   Board   of   Bducation,    §§    1517-1522. 

Superintendent   of  Public   Instruction,    §§    1532,    1533. 

School    Superintendents,    §§    1542-1553. 

Teachers'    Institutes,    §§    1560-1565. 

School   Districts,    §§    1575-1583. 

Elections   for   School   Trustees,    §§    1593-1602. 

Boards   of   Trustees   of   School   Districts   an-d    Citj     Boards   of 

Education,    §§    1611-1625. 
District    Census    Marshals,    §§    1634-1640. 
Clerks    of    School    Districts,    §§    1649-1652. 
Schools,    §§    1662-1674. 
Pupils,     ?'§     1682-16S7. 
Teachers.     §§    1696-1704. 
District    Libraries,    §§    1712-1717. 
Educational    Jcurnal,    §§    1726-1731.     (Repealed.) 
State    Board    of    Exam'ination,    §§    1741-1758.     (Repealed.) 
County    Boards   of    Education,    §§    1768-1778. 
Citv    Boards    of    Examination,     §§    1787-1794. 
County    School    Tax,    §§    1817-1820. 
District   School   Tax,    §§    1830-1852. 
General   Provisions  Relative   to  School  Funds  and   Taxes,    §§ 

1S57-1S61. 
Miscellaneous     Provisions    Relating    to     Public     Schools,     §§ 

1867-1891. 

ARTICLE  I. 


ST.'i^TE    BOARD    OF    EDUCATION. 

§  1517.  Board,     how    constituted. 

§  1518.  President   and   secretary  of. 

§  1519.  Concurrence    of   a    majority    of   all    members   necessary. 

§  1520.  Meetings    of. 

§  1521.  General    powers    and    duties   of. 

§  1522.  Traveling    expenses    of. 

§  1517.  Board,  how  constituted.  The  state  board  of 
education  consists  of  the  governor,  the  superintendent  of 
public  instruction,  and  the  prinicpals  of  the  state  normal 
schools.     En  March  12,  1872.     Am'd.  1880,  28;  1889,  178. 

Education:   See  Const.  Cal.,  art.  IX. 

§  1518.  President  and  secretary  of.  The  governor  is 
the  president,  and  the  superintendent  of  public  instruc- 
tion the  secretary  of  the  board.     En.  March  12,  1872. 


§  1519.  Concurrence  of  a  majority  of  ail  members  neces- 
sary. A  concurrence  of  a  majority  of  all  the  members  is 
necessary  to  the  validity  of  any  act  of  the  board.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     60,  124. 


317  PUBLIC    SCHOOLS.  55  1520,  1621 

§  1520.  Meetings  of.  The  board  shall  meet  at  the  call 
of  the  secretary,  and  not  less  than  twice  in  each  year.  En. 
March  12,  1872.     Am'd.  1889,  178;   1893,  237. 

§  1521.  General  powers  and  duties  of.  The  powers  and 
duties  of  the  state  board  of  education  are  as  follows: 

1.  To  adopt  rules  and  regulations  not  inconsistent 
with  the  laws  of  this  state  for  its  own  government,  and 
for  the  government  of  the  public  schools  and  district 
school  libraries. 

2.  (a)  To  prescribe  by  general  rule  the  credentials 
upon  which  persons  may  be  granted  certificates  to  teach 
in  the  high  schools  of  this  state.  No  credentials  shall 
be  prescribed  or  allowed,  unless  the  same,  in  the  judg- 
ment of  said  board,  are  the  equivalent  of  a  diploma  of 
graduation  from  the  University  of  California,  and  are 
satisfactory  evidence  that  the  holder  thereof  has  taken  an 
amount  of  pedagogy  equivalent  to  the  minimum  amount 
of  pedagogy  prescribed  by  the  state  board  of  education 
tf  this  state,  and  include  a  recommendation  for  a.  high- 
school  certificate  from  the  faculty  of  the  institution  in 
wh  ch  the  pedagogical  work  shall  have  been  taken. 

(l)  The  said  board  shall  also  consider  the  cases  of  in- 
divioual  applicants,  who  have  taught  successfully  for  a 
perio  I  of  not  less  than  twenty  school  months,  and  who 
are  i  ot  possessed  of  the  credentials  prescribed  by  the 
boarr  under  the  provisions  of  this  section.  The  said 
board,  in  its  discretion,  may  issue  to  such  applicants 
special  credentials  upon  which  they  may  be  granted  cer- 
tificates to  teach  in  the  high  schools  of  the  state.  In  such 
special  cases,  the  board  may  take  cognizance  of  any  ade- 
quate evidence  of  preparation  which  the  applicants  may 
present.  The  standard  of  qualification  in  such  special 
cases  shall  not  be  lower  than  that  represented  by  the 
other  credentials  named  by  the  board  under  the  provisions 
of  this  section. 

3.  To  grant  lil'e  diplomas  of  four  grades,  valid  through- 
out the  state,  as  follows: 

(a)  High  school"  Authorizing  the  holder  to  teach  in 
any  primary  and  grammar  or  high  school. 

(b)  Grammar  schi'ol:  Authorizing  the  holder  to  teach 
in  any  primary  or  gnmmar  school. 

(c)  Kindergarten-primary:  Authorizing  the  holder  to 
teach  in  the  kindergart-m  class  of  any  primary  school. 


§  1521  PUBLIC    SCHOOLS.  318 

(d)  Special:  Authorizing  the  holder  to  teach  in  any 
school  such  special  branches  and  in  such  grades  as  are 
named  in  such  diploma. 

4.  Except  as  provided  in  sections  fifteen  hundred  and 
three  and  seventeen  hundred  and  seventy-five  of  this  code, 
life  diplomas  may  be  issued  only  to  such  persons  as  have 
held  for  one  year,  and  still  hold,  a  valid  county,  or  city 
and  county,  certificate,  corresponding  in  grade  to  the 
grade  of  diploma  applied  for,  and  who  shall  furnish  satis- 
factory evidence  of  having  had  a  successful  experience 
in  teaching  of  at  least  forty-eight  months.  Not  less  than 
twenty-one  months  of  said  experience  shall  have  been  in 
the  public  schools  of  California.  Every  application  must 
be  accompanied  to  the  state  board  of  education  by  a  cer- 
tified copy  of  a  resolution  adopted  by  at  least  a  three- 
fourths  vote  of  all  the  members  composing  a  county,  or 
city  and  county,  board  of  education,  recommending  that  the 
diploma  be  granted,  and  also  by  an  affidavit  of  the  appli- 
cant, specially  setting  forth  the  places  in  which,  and  the 
dates^  between  which,  said  applicant  has  taught.  The 
application  must  also  be  accompanied  by  a  fee  of  two 
dollars,  for  the  purpose  of  defraying  the  expense  of  issu- 
ing the  diploma. 

5.  To  revoke  or  suspend  for  immoral  or  unprofessional 
conduct,  or  for  evident  unfitness  for  teaching,  life  di- 
plomas, educational  diplomas,  documents  issued  under  the 
provisions  of  sections  fifteen  hundred  and  three  and  seven- 
teen hundred  and  seventy-five  of  this  code,  or  credentials 
issued  in  accordance  with  subdivision  two  of  this  section; 
and  to  adopt  such  rules  for  said  revocation  as  they  may 
deem  expedient  or  necessary. 

6.  To  have  done  by  the  state  printer,  or  other  oflScer 
having  the  management  of  the  state  printing,  any  print- 
ing required  by  it;  provided,  that  all  orders  for  printing 
shall  first  be  approved  by  the  state  board  of  examiners. 

7.  To  adopt  and  use,  in  authentication  of  its  acts  an 
oflScial  seal. 

8.  To  keep  a  record  of  its  proceedings. 

9.  To  designate  some  educational  monthly  journal  as 
the  oflicial  organ  of  the  department  of  public  instruction. 
The  publishers  of  such  journal  shall,  before  the  tenth 
day  of  each  month,  mail  one  copy  of  such  journal  to  the 
clerk  of  every  school  district  in  the  state  and  to  the  sec- 


319  PUBLIC    SCHOOLS.  §§  1522.  1532 

retary  of  every  board  of  education,  and  shall,  on  or  before 
the  tenth  day  of  each  month,  file  an  affidavit  with  the 
superintendent  of  public  instruction,  showing  that  such 
copies  have  been  so  mailed  for  that  month.  Each  clerk 
of  a  school  district  and  each  clerk  of  a  board  of  education, 
receiving  a  copy  of  such  journal  so  mailed  to  him,  shall 
place  such  copy  in  the  school  library  of  his  district,  before 
the  end  of  the  month  in  which  such  copy  shau  be  so  re- 
ceived. The  county  superintendent  of  schools  of  each 
county,  or  city  and  county,  shall  draw  his  warrant  semi- 
annually, in  favor  of  the  publishers  of  such  school  journal, 
for  an  amount  equal  to  one-half  of  the  regular  subscription 
price  of  such  journal,  not  exceeding  one  dollar  and  fifty 
cents  in  any  school  year,  for  each  and  every  scuool  district 
in  his  county,  or  city  and  county,  and  charge  the  same  to 
the  library  fund  of  the  district;  provided,  that  such  war- 
rant shall  not  be  drawn  until  such  county  superintendent 
of  schools  shall  have  received  from  the  superintendent 
of  public  instruction  a  certificate  to  the  effect  that  the 
affidavits  aforesaid  have  been  duly  filed  in  his  office,  show- 
ing the  mailing  of  copies  of  such  journal  as  above  required, 
for  the  half  year  to  be  covered  by  such  warrant.  En. 
March  12,  1872.  Am'd.  1873-4,  79;  1880,  29;  1889,  l'<8;1891, 
150;    1893,    237;    1901,    668. 

Cal.  Rep.  Cit.     55,  333. 

Compare  with  post,  sec.  1874. 

Acts  relating  to  state  school  books:  See  General  Laws, 
title  Schools. 

§  1522.  Traveling  expenses  of.  The  actual  traveling  ex- 
penses of  the  members  incurred  in  attending  the  meetings 
of  the  board  must  be  audited  by  the  controller,  and  paid 
out  of  the  general  fund  of  the  state  treasury.  En.  March 
12,  1872. 

ARTICLE  II. 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 

§  1532.     General    duties    of    superintendent. 

§  1533.     Power    to   call   convention   of   superintendents. 

§  1532.     General  duties  of  superintendent.     It  is  the  duty 
of  the  superintendent  of   public   instruction, — 
First— To  superintend  the  schools  of  this  state. 


!  1532  PUBLIC    SCHOOLS.  320 

Second — To  report  to  the  governor,  on  or  before  the 
fifteenth  day  of  September  preceding  each  regular  session 
of  the  legislature,  a  statement  of  the  condition  of  the  state 
normal  schools  and  other  educational  institutions  sup- 
ported by  the  state  and  of  the  public  schools. 

Third — To  accompany  his  report  with  tabular  statements, 
showing  the  number  of  school  children  in  the  state;  the 
number  attending  public  schools,  and  the  average  attend- 
ance; the  number  attending  private  schools,  and  the  num- 
ber not  attending  schools;  the  amount  of  state  school  fund 
apportioned,  and  the  sources  from  which  derived;  the 
amount  raised  by  county,  city  and  county  and  district 
taxes,  or  from  other  sources  of  revenue,  tor  school  pur- 
poses; and  the  amount  expended  for  salaries  of  teachers, 
for  building  schoolhouses,  for  district  school  libraries,  and 
for  incidental  expenses. 

Fourth — To  apportion  the  state  school  fund;  and  to  fur- 
nish an  abstract  of  such  apportionment  to  the  state  con- 
troller, the  state  board  of  examiners,  and  to  the  county 
and  city  and  county  auditors,  county  and  city  and  county 
treasurers  and  to  the  county  and  city  and  county  school 
superintendents  of  the  several  counties  of  the  state,  in 
apportioning  said  fund  he  shall  apportion  to  every  county 
and  to  every  city  and  county  two  hundred  fifty  dollars 
($250)  for  every  teacher  determined  and  assigned  to  it  on 
school  census  by  the  county  or  city  and  county  school 
superintendent  for  the  next  preceding  school  year,  as  re- 
quired of  the  county  or  city  and  county  school  superin- 
tendent by  the  provisions  of  section  1858  of  this  code,  and 
after  thus  apportioning  two  hundred  fifty  dollars  on  teacher 
or  census  basis,  he  shall  apportion  the  balance  of  the  state 
school  fund  to  the  several  counties  or  cities  and  counties 
according  to  their  average  daily  attendance  as  shown  by 
the  reports  of  the  county  or  city  and  county  school  super- 
intendents for  the  next  preceding  school  year. 

Fifth — To  draw  his  order  on  the  controller  in  favor  of 
each  county  or  city  and  county  treasurer  for  school  moneys 
apportioned  to  the  county  or  city  and  county. 

Sixth — To  prepare,  have  printed,  and  furnish  all  officers 
charged  with  the  administration  of  the  laws  relating  to 
the  public  schools,  and  to  teachers,  such  blank  forms  and 
books  as  may  be  necessary  to  the  discharge  of  their  duties, 
including  blank  teachers'  certificates  to  be  used  by  county 
and  city  and  county  boards  of  education. 

Seventh — To  have  the  laws  relating  to  the  public  schools 
printed  in  pamphlet  form,  and  to  supply  school  officers  and 
school  libraries  with  one  copy  each. 


321  PUBLIC    SCHOOLS.  5  1583 

Eighth — To  visit  the  several  orphan  asylums  to  which 
state  appropriations  are  made,  and  examine  into  the  course 
of  instruction  therein. 

Ninth — To  visit  the  schools  in  the  different  counties, 
and  inquire  into  their  condition;  and  the  actual  traveling 
expenses  thus  incurred  (provided,  that  they  do  not  exceed 
eighteen  hundred  dollars  per  annum)  shall  be  allowed, 
audited,  and  paid  out  of  the  general  fund  in  the  same  man- 
ner as  other  claims  are  audited  and  paid. 

Tenth — To  authenticate  with  his  oflScial  seal  all  drafts 
or  orders  drawn  by  him,  and  all  papers  and  writings  is- 
sued from  his  office. 

Eleventh — To  have  bound,  at  the  state  bindery,  all  val- 
uable school  reports,  journals,  and  documents  in  his  office, 
or  hereafter  received  by  him. 

Twelfth — The  report  to  the  controller,  on  or  before  the 
tenth  day  of  July  of  each  year,  the  total  number  of  chil- 
dren in  the  state  between  the  ages  of  five  and  seventeen 
years,  as  shown  by  the  latest  reports  of  the  county  and 
city  and  county  superintendent  on  file  in  his  office. 

Thirteenth — To  deliver  over,  at  the  expiration  of  his 
term  of  office,  on  demand,  to  his  successor,  all  property, 
books,  documents,  maps,  records,  reports,  and  other  pa- 
pers belonging  to  his  office,  or  which  may  have  been  re- 
ceived by  him  for  the  use  of  his  office.  En.  March  12, 
1872.  Am'd.  1873-4.  86;  1880,  29;  1887,  125;  1889,  180;  1891, 
152;    1893,  239;    1905,  180. 

Cal.  Rep.  Cit.     97,  435. 

Election  of  superintendent:  See  Const.  Cal.,  art.  IX, 
sec.  2. 

§  1533.     Power   to    call     convention    of    superintendents. 

He  shall  have  power  to  call,  biennially,  a  convention  of  the 
county  and  city  superintendents,  to  assemble  at  such  time 
and  place  as  he  shall  deem  most  convenient,  for  the  dis- 
cussion of  questions  pertaining  to  the  supervision  and  ad- 
ministration of  the  public  schools,  the  laws  relating 
thereto,  and  such  other  subjects  affecting  the  welfare 
and  interest  of  the  public  schools  as  shall  properly  be 
brought  before  it.  It  is  hereby  made  the  duty  of  all 
county  and  city  superintendents  to  attend  and  talie  part 
in  the  proceedings  of  such  convention  when  it  is  called 
The  actual  expenses  of  the  county  superintendents  at- 
tending the  convention  shall  be  allowed  by  the  board  of 
supervisors,  and  paid  out  of  the  same  fund  as  the  salary 
of  the  county  superintendents  is  paid;  the  actual  expenses 

Pol.  Code— 21 


§§  1542,  1543  •       PUBLIC    SCHOOLS.  822 

of  the  city  superintendents  attending  the  convention  shall 
he  allowed  and  paid  out  of  the  same  fund  as  the  salary  ot 
such  city  superintendents  is  paid.  En.  Stats.  1873-4,  85. 
Am'd.  1887,   127;    1891,  153;    1893,  240. 


ARTICLE   III. 

SCHOOL    SUPERINTENDENTS. 

§  1542.  Who     Is     eligible.     (Repealed.) 

§  154'3.  General    duties    of    school    superintendents. 

§  1544.  Forfeiture    for   failure   to  report. 

§  1545.  May   appoint    teachers   and    open    schools,    when. 

§  1546.  May    direct    repairs,    etc.,    when. 

§  1547.  Warrants   'drawn    by    him.     (Repealed.) 

§  154S.  Warrants   for  expenses  and  claims. 

§  1549.  May    appoint    deputies. 

§  15.50.  Compensation    of    deputy    in    cities. 

§  1551.  Report   of   school   children.     Supervision   of    district   boundaries. 

I  1552.  Allowance  of  expenses. 

§  1553.  Superintendent,    when    not   to   teach. 

§  1542.  Who  is  eligible.  (Repealed.)  En.  March  12, 
1872.     Rep,  1873-4,  84;   1873-4,  113. 

§  1543.     General  duties  of  school  superintendents.     It  is 
the  duty  of  the  county  superintendent  of  each  county: 
•  First — To  superintend  the  schools  of  his  county. 

Second — 1.  To  apportion  the  school  moneys  to  each 
school  district,  as  provided  in  section  one  thousand  eight 
hundred  and  fifty-eight  of  this  code,  at  least  four  times  a 
year.  For  this  purpose  he  may  require  of  the  county 
auditor  a  report  of  the  amount  of  all  school  moneys  on 
hand  to  the  credit  of  the  several  school  funds  of  the 
county  not  already  apportioned;  and  it  is  hereby  made 
the  duty  of  the  auditor  to  furnish  such  report  when 
so  required;  and  whenever  an  excess  of  money  has  ac- 
cumulated to  the  credit  of  a  school  district  by  reason  of  a 
large  census  r6ll  and  a  small  attendance,  beyond  a  reason- 
able amount  necessary  to  maintain  a  school  for  eight 
months  in  such  district  for  the  year,  the  superintendent  of 
schools  shall  place  said  excess  of  money  to  the  credit  of  lae 
unapportioned  school  funds  of  the  county,  and  shall  ap- 
portion the  same  as  other  school  funds  are  apportioned. 

2.  If  in  any  school  district  there  has  been  an  average 
daily  attendance  of  only  five,  or  a  number  of  pupils  less 
than  five  during  the  whole  school  year,  the  superintendent 
shall  at  once  suspend  the  district,  and  report  the  fact  to 
the  board  of  supervisors  at  their  next  meeting.  The  board 
of  supervisors,  upon  receiving  such  report  from  the  super- 
intendent, shall  declare  the  district  lapsed,  and  shall  at- 


323  PUBLIC    SCHOOLS.  S  1543 

tach  the  territory  thereof  to  one  or  more  of  the  adjoining 
school  districts  in  such  manner  as  may  be  by  tliem  deemed 
most  convenient  for  the  residents  of  said  lapsed  district. 

3.  "When  any  district  has  been  declared  lapsed,  the  board 
of  supervisors  shall  sell  or  otherwise  dispose  of  the  prop- 
erty thereto  belonging,  and  shall  place  the  proceeds  of  such 
sale  to  the  credit  of  the  district.  Thereupon  the  superin- 
tendent shall  determine  all  outstanding  indebtedness  of 
said  lapsed  district,  and  shall  draw  his  requisition  upon  the 
county  auditor  in  payment  thereof.  Any  balance  of 
moneys  remaining  to  the  credit  of  said  lapsed  district 
shall  be  transferred  by  the  superintendent  to  the  unappor- 
tioned  school  funds  of  the  county,  and  shall  be  apportioned 
as  other  school  funds  are  apportioned.  Should  there  not  be 
sufficient  funds  to  the  credit  of  the  lapsed  district  to 
liquidate  all  of  the  outstanding  indebtedness  thereof,  the 
superintendent  shall  draw  his  requisition  upon  the  county 
auditor  pro  rata  for  the  several  claims. 

Third — On  the  order  of  the  board  of  school  trustees, 
or  board  of  education  of  any  city  or  town  having  a 
board  of  education,  to  draw  his  requisition  upon  the  county 
auditor  for  all  necessary  expenses  against  the  school  fund 
of  any  district.  The  requisitions  must  be  drawn  in  the 
order  in  which  the  orders  therefor  are  filed  in  his  oflBce. 
Each  requisition  must  specify  the  purpose  for  which  it  is 
drawn,  but  no  I'equisition  shall  be  drawn  unless  the  money 
is  in  the  fund  to  pay  it,  and  no  requisition  shall  be  drawn 
upon  the  order  of  the  board  of  school  trustees  or  board  of 
education  against  the  funds  of  any  district  except  the 
teachers'  or  janitors'  salaries,  unless  such  order  is  ac- 
companied by  an  itemized  bill  showing  the  separate  items, 
and  the  price  of  each,  in  payment  for  which  the  order 
is  drawn;  nor  shall  any  requisition  for  teachers'  or  janitors' 
salaries  be  drawn  unless  the  order  shall  state  the  monthly 
salary  of  teacher  or  janitor,  and  name  the  months  for 
which  such  salary  is  due.  Upon  the  receipt  of  such  requi- 
sition the  auditor  shall  draw  his  warrant  upon  the  county 
treasurer  in  favor  of  the  parties  for  the  amount  stated  in 
such  requisition. 

The  order  of  the  board  of  school  trustees,  or  board  of 
education,  shall  be  made  only  on  the  form  of  blank  pre- 
pared by  the  superintendent  of  public  instruction,  and  when 
signed  by  at  least  two  members  of  the  board  of  trustees,  or 
the  officials  authorized  to  sign  orders  for  the  board  of  edu- 
cation shall  be  transmitted  to  the  superintendent,  who 
shall,  in  case  he  approved  said  demand,  endorse  upon  it, 
"Examined  and  Approved,"  together  with  the  number  and 


S  1543  PUBUC     SCHOOLS.  324 

date  when  approved,  and  shall,  in  attestation  thereof,  aflBx 
his  signature  thereto,  and  deliver  the  same  to  the  claim- 
ant, or  his  order,  who  shall  transmit  the  same  to  the  au- 
ditor, who  shall,  in  case  he  allows  said  demand,  endorse 
upon  it,  "Allowed,"  together  with  the  number  and  date 
when  allowed,  and  shall,  in  attestation  thereof,  affix  his 
signature  thereto,  and  deliver  the  same  to  the  claimant; 
and  said  demand,  when  so  approved,  and  signed  by  the 
superintendent,  and  when  so  allowed  and  signed  by  the 
auditor,  shall  constitute  the  requisition  on  the  auditor, 
and  the  warrant  on  the  treasury  within  the  meaning  of  this 
act. 

Fourth — To  keep  open  to  the  inspection  of  the  public,  a 
register  of  requisitions,  showing  the  fund  upon  which  the 
requisitions  have  been  drawn,  the  number  thereof,  in  whose 
favor,  and  for  what  purpose  they  were  drawn,  and  also  a 
receipt  from  the  person  to  whom  the  requisition  was  de- 
livered. 

Fifth — To  visit  and  examine  each  school  in  his  county  at 
least  once  in  each  year.  For  every  school  not  so  visited 
the  board  of  supervisors  must,  on  proof  thereof,  deduct  ten 
dollars  from  his  salary. 

Sixth — To  preside  over  teachers'  institutes  held  in  his 
county,  and  to  secure  the  attendance  thereat  of  lecturers 
competent  to  instruct  in  the  art  of  teaching,  and  to  report 
to  the  county  board  of  education  the  names  of  all  teachers 
in  the  county  who  fail  to  attend  regularly  the  sessions  of 
the  institute;  to  enforce  the  course  of  study,  the  use  of 
text-books,  and  the  rules  and  regulations  for  the  examina- 
tion of  teachers  prescribed  by  the  proper  authority. 

Seventh — He  shall  have  power  to  issue  if  he  deem  it 
proper  to  do  so,  temporary  certificates,  valid  until  the  next 
semi-annual  meeting  of  the  county  board  of  education,  to 
persons  holding  certificates  of  like  grade  granted  in  other 
counties,  cities,  or  cities  and  counties,  or  upon  any  cer- 
tificates or  diplomas  upon  which  county  boards  are  em- 
powered to  grant  certificates  without  examination,  as 
specified  in  section  seventeen  hundred  and  seventy-five; 
provided,  that  no  person  shall  be  entitled  to  receive  such 
temporary  certificate  more  than  once  in  the  same  county 

Eighth — To  distribute  all  laws,  reports,  circulars,  in- 
structions, and  blanks  which  he  may  receive  for  the  use  of 
school  officers. 

Ninth — To  keep  in  his  office  the  reports  of  the  superin- 
tendent of  public  instruction. 

Tenth — To  keep  a  record  of  his  official  acts,  and  of  all 
the  proceedings  of  the  county  board  of  education,  including 


325  PUBLIC  SCHOOLS.  S  1543 

a  record  of  the  standing,  in  each  study,  of  all  applicants 
examined,  which  shall  be  open  to  the  inspection  of  any 
applicant  or  his  authorized  agent. 

Eleventh — Except  in  incorporated  cities  having  boards  of 
education,  to  pass  upon  and  approve  or  reject  all  plans  for 
schoolhouses.  To  enable  him  to  do  so,  all  boards  of  trus- 
tees, before  adopting  any  plans  for  school  buildings,  must 
submit  the  same  to  the  county  superintendent  for  his  ap- 
proval. 

Twelfth — To  appoint  trustees  to  fill  all  vacancies,  to  hold 
until  the  first  day  of  July  succeeding  such  appointment; 
when  new  districts  are  organized,  to  appoint  trustees  for 
the  same,  who  shall  hold  office  until  the  first  day  of  July 
next  succeeding  their  appointment.  In  case  of  the  failure 
of  the  trustees  to  employ  a  janitor,  as  provided  in  section 
sixteen  hundred  and  seventeen,  subdivision  seventh,  of 
this  code,  he  shall  appoint  a  janitor,  who  shall  be  paid  out 
of  the  school  fund  of  the  district.  Should  the  board  of 
school  trustees  of  any  district  fail  or  refuse  to  issue  an 
order  for  the  compensation  for  such  service,  the  superin- 
tendent is  hereby  authorized  to  issue,  without  such  order, 
his  requisition  upon  the  county  school  fund  apportioned 
to  such  district. 

Thii-teenth — To  make  reports,  when  directed  by  the  su- 
perintendent of  public  instruction,  showing  such  matters 
relating  to  the  public  schools  in  his  county  as  may  be  re- 
quired of  him. 

Fourteenth — To  preserve  carefully  all  reports  of  school 
officers  and  teachers,  and,  at  the  close  of  his  official  term, 
deliver  to  his  successor  all  records,  books,  documents  and 
papers  belonging  to  the  office,  taking  a  receipt  for  the 
same,  which  will  be  filed  in  the  office  of  the  county  clerk. 

Fifteenth — The  county  superintendent  shall,  unless  oth- 
erwise provided  by  law,  in  the  month  of  July  of  each 
year  grade  each  school,  and  a  record  thereof  shall  be  made 
in  a  book  to  be  kept  by  the  county  superintendent  in  his 
office  for  this  purpose.  And  no  teacher  holding  a  certifi- 
cate below  the  grade  of  said  school  shall  be  employed  to 
each  the  same.  En.  March  12,  1872.  Am'd.  1873-4,  88; 
1880,  31;  1881,  38;  1887,  127;  1889,  181;.  1891,  153;  1893,  240; 
1895,   60;    1905,   528. 

Cal.  Rep.  Cit.  97,  435;  97,  437;  99,  29;  100,  529;  104,  349; 
104,  350;  117,  357;  138,  706.  Subd.  1—134,  593. 
Subd.  2—134,  66.  Subd.  3—91,  473;  117,  359;  138, 
707. 


§§  1544-1548  PUBLIC    SCHOOLS.  326 

§  1544.     Forfeiture  for  failure  to  report.     If  he  fails  to 

make  a  full  and  correct  report,  as  required  under  the  pro- 
visions of  subdivision  fourteen  of  section  fifteen  hundred 
and  forty-three,  at  the  time  fixed  by  the  superintendent  of 
public  instruction,  he  forfeits  one  hundred  dollars  of  his 
salary;  and  the  board  of  supervisors,  upon  receiving  from 
the  superintendent  of  public  instruction  notice  of  such 
failure,  must  deduct  the  amount  forfeited  from  his  salary. 
En.  March  12,  1872.     Am'd.  1873-4,  90;  1881,  40;  1889,  183. 

§  1545.     iVIay  appoint  teachers  and   open  sclioois,  when. 

He  must,  when  there  is  sufficient  money  in  the  fund  of 
any  school  district  to  maintain  a  free  school  therein  for 
six  months,  if  the  trustees  fail  to  have  such  school  kept, 
appoint  a  teacher,  and  open  and  keep  such  school, 
and  may  draw  his  requisition  upon  the  county  auditor, 
who  shall  draw  his  warrt'nt  upon  the  fund  of  such  district 
for  the  expense  incurred.  En.  March  12,  1872.  Am'd.  1880, 
33. 
Conforms  to  Const.  Cal.,  art.  IX,  sec.  5. 

§  1546.  May  direct  repairs,  etc.,  when.  He  may,  in  his 
discretion,  require  the  trustees  of  any  district  to  repair 
the  school  buildings  or  property,  or  to  abate  any  nuisance 
in  or  about  the  premises,  if  such  repairs  or  abatement 
can  be  done  for  a  sura  not  exceeding  fifty  dollars,  and 
there  is  a  sufficient  amount  of  money  in  the  treasury  to  the 
credit  of  the  district.  He  may  also  in  all  cases  require 
the  trustees  to  provide  suitable  outhouses,  and,  where 
ptacticable,  to  adorn  the  grounds  with  fruit  and  orna- 
mental trees  and  shrubbery;  and  if  the  trustees  neglect 
to  make  such  provision,  he  may  cause  it  to  be  done,  and 
pay  for  it  on  his  requisition  upon  the  county  auditor,  who 
shall  draw  his  warrant  payable  out  of  any  money  to  the 
credit  of  the  district.     En.  March  12,  1872.    Am'd.  1880,  33. 

§  1547.  Warrants  drawn  by  him.  (Repealed.)  En. 
March   12,   1872.     Rep.   1873-4,  111. 

§  1548.     Warrants,   for   expenses   and    claims.    He   may 

draw  his  requisition  upon  the  county  auditor,  who  shall 
draw  his  warrant  on  the  unapportioned  county  school 
fund,  in  his  own  favor,  for  the  binding  of  school  docu- 
ments, not  to  exceed  twenty  dollars  a  year;  for  postage 
and  expressage  for  his  office,  not  to  exceed  two  dollars  for 
each  district  of  his  county,  and  for  such  other  incidental 
expenses  as  may  be  authorized  by  law;  provided,  that 
not  more  than  one-half  of  such  allowance  shall  be  used 


327  PUBLIC   SCHOOLS.  §5  1549-1552 

during  the  first  six  months  of  any  school  year,  except  by 
unanimous  consent  of  the  board  of  supervisors;  and  pro- 
vided further,  that  in  incorporated  cities,  each  school  con- 
taining three  hundred  pupils  shall  be  considered  equal  to 
one  school  district.  En.  March  12,  1872.  Am'd.  1873-4, 
90;   1880,  33;  1891,  155. 

§  1549.  May  appoint  deputies.  Each  county  superin- 
tendent may  appoint  a  deputy,  but  no  salary  payable  out 
of  the  school  fund  must  be  allowed  such  deputy.  En. 
March  12,  1872.     Am'd.  1873-4,  90. 

Cal.  Rep.  Cit.     89.  222. 

§  1550.  Compensation  of  deputy  in  cities.  The  deputy 
school  superintendent  of  any  city,  or  city  and  county, 
having  over  thirty  thousand  inhabitants,  may  receive  such 
compensation  as  the  board  of  education  thereof  prescribes, 
payable  In  the  same  manner  and  out  of  the  same  fund  as 
the  superintendent  of  schools  thereof  is  paid.  En.  March 
12,  1872.     Am'd.  1880,  33;   1881,  40. 

§  1551.  Report  of  school  children.  Supervision  of  dis- 
trict boundaries.  Every  school  superintendent  in  this 
state  must,  on  or  before  the  first  day  of  July  in  each 
year,  report  to  the  superintendent  of  public  instruction, 
and  to  the  board  of  supervisors  of  his  county,  the  number 
of  children  therein  between  the  ages  of  five  and  seventeen 
years,  as  appears  by  the  latest  returns  of  the  census 
marshals  on  file  in  his  oflice.  It  shall  be  the  duty  of  every 
county  superintendent  to  inquire  and  ascertain  whether 
the  boundaries  of  the  school  districts  in  his  county  are 
definitely  and  plainly  described  in  the  records  of  the 
boards  of  supervisors,  and  to  keep  in  his  oflice  a  full  and 
correct  transcript  of  such  boundaries.  In  case  the  bound- 
aries of  districts  are  conflicting,  or  incorrectly  described, 
he  shall  report  such  fact  to  the  board  of  supervisors,  and 
the  board  of  supervisors  shall  immediately  take  such  steps 
as  are  necessary  to  change,  harmonize,  and  clearly  define 
them.  The  county  superintendent,  if  he  deem  it  necessary 
for  the  guidance  of  school  census  marshals,  may  order  the 
description  of  the  district  boundaries  printed  in  pamphlet 
form,  and  pay  for  the  same  out  of  the  county  school  fund. 
En.  Stats.  1873-4,  85.  [Another  section  under  this  same 
number.  En.  1873-4,  91.  Rep.  1880,  47.]  Am'd.  1880,  33; 
1891,  156;  1893,  243. 

§  1552.  Allowance  of  expenses.  Each  county  superin- 
tendent  shall   receive   his  actual   and   necessary   traveling 


§§  1553-1560  PUBLIC   SCHOOLS.  828 

expenses,  said  expenses  to  be  allowed  by  the  board  of 
supervisors,  and  to  be  paid  out  of  the  county  general  fund; 
provided,  that  this  amount  shall  not  exceed  ten  dollars 
per  district  per  annum.  En.  Stats.  1873-4,  85;  1873-4,  91. 
Am'd.  1875-6.  26;  1889,  184;   1891,  156. 

Cal.  Rep.  Cit.     59,  327;   59,  549;   59,  550;  87,  395. 

§  1553.  Superintendent,  when  not  to  teach.  No  school 
superintendent  who  receives  an  annual  salary  of  fifteen 
hundred  dollars  or  more  must  follow  the  profession  of 
teaching,  or  any  other  vocation  that  can  conflict  with  his 
duties  as  superintendent;  but  those  receiving  less  than 
fifteen  hundred  dollars  per  annum  may  teach  in  the  pub- 
lic schools  of  this  state.  En.  Stats.  1875-6,  26.  Am'd. 
1893,  243. 

ARTICLE  rV. 

TEACHERS*    INSTITUTES. 

§  1560.  Teachers    Institutes    in    counties;    joint,    expenses    of;    In   cities, 

expenses   of. 

§  1561.  When   held   in   other   counties. 

§  1562.  Length    of    sessions. 

§  1563.  Pay    of   teachers   in   attendance. 

§  1564.  Expenses  of   institute,   how   paid. 

§  15G5.  Teachers'    institute   fund. 

8  1660.  Teachers'  institutes  in  counties;  joint,  expenses 
of;  in  cities,  expenses  of.  The  superintendent  of  every 
county  in  which  there  are  twenty  or  more  school  districts, 
and  of  every  city  and  county  In  the  state,  must  hold  at 
least  one  teachers'  institute  in  each  year;  and  every 
teacher  employed  in  a  public  school  in  the  county  must  at- 
tend such  institute,  and  participate  in  its  proceedings; 
provided,  that  the  superintendents  of  two  or  more  counties, 
city  and  county,  or  cities  may  unite  for  the  purpose  of 
holding  a  joint  institute  or  convention  and  may  direct  the 
teachers  of  their  respective  counties,  city  and  county,  or 
cities  to  attend  the  same  in  lieu  of  the  county,  city  and 
county,  or  city  institute,  under  the  same  conditions  a.ad 
compensations  as  herein  provided  for  the  onunty,  city  and 
county,  or  city  institute;  provided,  that  the  expense  of 
such  joint  institute  shall  be  borne  equally  by  the  counties 
participating  therein,  and  the  county  auditor  of  each 
county  participating  in  such  joint  institute  shall  draw  his 
warrant  in  favor  of  the  county  superintendent  upon  requi- 
sition of  said  superintendent  for  such  proportionate  share 
of  such  county  and  the  money  paid  thereon  shall  be  ap- 


329  PUBLIC    SCHOOLS.  S9  1561-1566 

plied  to  the  expense  of  said  joint  institute;  provided  fur- 
ther, that  cities  employing  seventj'  or  more  teachers  may 
have  a  separate  institute  to  meet  at  least  once  a  year,  the 
sessions  to  be  of  not  less  than  three  nor  more  than  five 
days;  and  provided  further,  that  teachers  attending  such 
city  institute  shall  not  be  required  to  attend  the  county 
institute. 

The  expenses  of  such  city  institutes,  not  exceeding  two 
hundred  dollars  annually,  shall  be  paid  from  the  special 
school  funds  of  said  city.  En.  March  12,  1872.  Am'd. 
1873-4,  92;  1891,  156;  1893,  244;   1905,  52. 

§  1561.  When  held  in  other  counties.  In  any  county 
in  which  there  are  less  than  twenty  school  districts,  the 
county  superintendent  may,  in  his  discretion,  hold  an  in- 
stitute; when  directed  by  the  county  board  of  education, 
he  shall  hold  an  institute  not  oftener  than  once  each  year, 
at  such  time  and  place  as  the  board  may  direct.  En.  March 
12,  1872.     Am'd.  1873-4,  92;   1893,  244. 

§  1562.  Length  of  sessions.  Each  session  of  the  insti- 
tute must  continue  not  less  than  three  nor  more  than  five 
days.    En.  March  12,  1872. 

§  1563.  Pay  of  teachers  in  attendance.  When  the  In- 
stitute is  held  during  the  time  that  teachers  are  employed 
In  teaching,  their  pay  must  not  be  diminished  by  reason 
of  their  attendance.     En.  March  12,  1872. 

§  1564.  Expenses  of  institute,  how  paid.  The  county 
superintendent  must  keep  an  accurate  account  of  the 
actual  expenses  of  said  institute,  with  vouchers  for  the 
same,  and  draw  his  requisition  upon  the  county  auditor, 
who  shall  draw  his  warrant  on  the  unapportioned  county 
school  fund  to  pay  said  amount;  provided,  that  any  coun- 
ties participating  in  joint  institutes  as  provided  by  sec- 
tion 1560,  such  amount  shall  not  exceed  two  hundred 
($200.00)  dollars;  and  in  counties  that  do  not  participate 
in  such  joint  institutes,  said  amount  shall  not  exceed 
three  hundred  ($300.00)  dollars,  for  any  one  year.  En. 
March  12,  1872.  Am'd.  1873-4,  92;  1880,  34;  1893,  244; 
1905,  145. 

§  1565.  Teachers'  institute  fund.  T^cept  for  a  tem- 
porary certificate,  and  except  as  provided  in  subdivision 
second  of  section  one  thousand  five  hundred  and  three 
of  the  Political  Code,  every  applicant  for  a  teacher's  cer- 


§§  1575,  1576  PUBLIC   SCHOOLS.  OO 

tificate,  or  for  the  renewal  of  a  certificate,  upon  present- 
ing his  application,  shall  pay  to  the  county  superintendent 
a  fee  of  two  dollars,  to  be  by  him  immediately  deposited 
with  the  county  treasurer,  to  the  credit  of  a  fund  to  be 
known  as  the  teachers'  institute  and  library  fund.  All 
funds  so  credited  shall  be  drawn  out  only  upon  the  requi- 
sition of  the  county  superintendent  of  schools  upon  the 
county  auditor,  who  shall  draw  his  warrant  in  payment  of 
the  services  of  instructors  in  the  county  teachers'  insti- 
tute; provided,  they  be  not  teachers  in  the  public  schools 
of  the  county  in  which  such  institute  is  held;  and  for  the 
purchase  of  books  for  a  library  for  the  use  of  the  teach- 
ers of  the  county.  At  least  fifty  per  cent  of  the  teachers 
institute  and  library  fund  shall  be  expended  for  books. 
The  county  superintendent  shall  take  charge  of  the  teach- 
ers' library,  prepare  a  catalogue  of  its  contents,  and  keep 
a  correct  record  of  books  taken  therefrom  and  returned 
thereto.  En.  Stats.  1880,  34.  Am'd.  1889,  184;  1891,  156; 
1893,  244. 

ARTICLE    V. 

SCHOOL    DISTRICTS. 

§  1575.     Names    of    districts. 

§  lr)76.     What    forms    districts. 

§  15T6a.  Clerk,  appointed  when;  term  of  office  and  salary. 

§  1577.     Foimatlon    of    new;    petition    for;    changing    boundaries    of    old; 

joint  districts. 
§  ir)78.     Duties   of   superintendent   on   receipt  of  petition. 
§  l.o7n.     Duties   of   supervisors   on   same. 

§  l.^iSO.     New   district,    when   not   to   share   in   school   moneys.     (Repealed.) 
§  1581.     Action    creating   new    districts   void   in   certain    events. 
§  1582.     New    district,    when    to    share    in    school    moneys.     (Repealed.) 
I  158.3.     Management    of   joint    districts. 

§  1575.     Names  of  districts.    Every  school  district  must 

be  designated   by   the  name  and   style  of  " district 

(using  the  name  of  the  district),  of county"  (using 

the  name  of  the  county  in  which  such  district  is  situated) ; 
and  in  that  name  the  trustees  may  sue  and  be  sued,  and 
hold  and  convey  property  for  the  use  and  benefit  of  such 
district.  A  number  must  not  be  used  as  a  part  of  the 
designation  of  any  school  district.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  53,  30;  56,  480;  59,  131;  93,  419;  99,  152; 
137,   662;    140,   561. 

§  1576.  What  forms  districts.  Every  city  or  incorpor- 
ated town  unless  subdivided  by  the  legislative  authority 
thereof,  shall  constitute  a  separate  school  uistrict,  which 
shall  be  governed  by  the  board  of  education  or  board  of 


331  PUBLIC    SCHOOLS.  §  1573a 

school  trustees  of  such  city  or  incorporated  town;  pro- 
vided, that  whenever  a  city  or  town  shall  be  incorporated 
the  board  of  supervisors  of  the  county  may  annex  thereto, 
for  school  purposes  only,  the  remainder,  or  any  part  of 
the  remainder,  of  the  district  or  districts  from  which  such 
city  or  incorporated  town  was  organized,  whenever  a 
majority  ol  the  heads  of  families  residing  therein,  as 
shown  by  the  last  preceding  school  census,  shall  petition 
for  such  annexation;  and  provided  further,  that  the  board 
of  supervisors  may  include  more  territory  than  the  re- 
mainder of  the  district  or  districts  from  which  the  city 
or  incorporated  town  was  organized,  whenever  a  petition 
for  such  purpose  is  presented  to  them,  signed  by  a  major- 
ity of  the  heads  of  families,  as  shown  by  the  last  preced- 
ing school  census,  residing  in  such  additional  territory. 
When  said  remainder  or  part  thereof,  or  said  additional 
outside  territory,  has  been  annexed  to  said  city  or  incor- 
porated town,  it  shall  be  deemed  a  part  of  said  city  or 
incorporated  town  for  the  purpose  of  holding  the  general 
municipal  election,  and  shall  form  one  or  more  election 
precincts,  as  may  be  determined  by  the  legislative  au- 
thority of  said  city  or  incorporated  town,  the  qualified 
electors  of  which  shall  vote  only  for  the  board  of  edu- 
cation, or  the  board  of  school  trustees;  and  such  outside 
territory  shall  be  deemed  to  be  a  part  of  said  city  or  in- 
corporated town  for  all  matters  connected  with  the  school 
department  thereof,  for  the  annual  levying  and  collect- 
ing of  the  property  tax  for  the  school  funds  of  said  city 
or  incorporated  town;  and  for  all  purposes  specifiea  in 
sections  one  thousand  eight  hundred  and  eighty  to  one 
thousand  eight  hundred  and  eighty-eight  of  this  code, 
inclusive.  En.  March  12,  1872.  Am'd.  1877-8,  28;  1891, 
157;   1893,  245. 

Cal,  Rep.  Cit.     55,  494;    97,  432;    99,  27;   99,  28;   99,  151; 

107.  191;  108,  280;  125,  596;    127,  i25;    129,  605;    140, 

561. 

§  1576a.  Clerk  appointed  when;  term  of  office  and  sal- 
ary. In  any  school  district  organized  under  the  preced- 
ing section  and  which  is  also  a  high  school  district, 
and  which  districts  are  governed  by  a  board  of  three 
trustees,  and  which  districts  have,  by  the  last  preceding 
school  census,  a  school  population  of  more  than  fifteen  hun- 
dred, the  trustees  may  appoint  a  clerk,  who  shall  not  be 
one  of  their  number,  to  act  for  both  districts,  to  hold  office 
during  the  pleasure  of  the  board;  and  said  board  may  fix 


§  1577  PUBLIC    SCHOOLS.  332 

his  salary  at  a  a  sum  not  exceeding  twenty-five  dollars  per 
month  for  each  district,  which  sum  shall  be  paid  in  the 
same  manner  and  from  the  same  iunds  as  other  incidental 
expenses  of  the  districts  are  paid.    En.  Stats.  1905,  550. 

§  1577.  Formation  of  new;  petition  for;  changing  bound- 
aries of  old;  joint  districts.  First — No  new  school  dis- 
trict shall  be  formed  at  any  other  time  than  between  the 
first  day  of  October  and  the  tenth  day  of  Feoruai'y,  nor  at 
that  time  unless  the  parents  or  guardians  of  at  least 
fifteen  census  children,  residents  of  such  proposed  new  dis- 
trict, and  residing  at  a  greater  distance  than  two  miles  by 
a  traveled  road  from  the  public  schoolhouse  in  the  district 
in  which  said  parents  or  guardians  reside,  present  a  peti- 
tion to  the  superintendent  of  schools,  setting  the  boundaries 
of  the  new  district  asked  for;  provided,  that  the  provision 
requiring  the  petitioners  shall  reside  a  distance  of  more 
than  two  miles  by  a  traveled  road  from  the  said  public 
schoolhouse  may  be  dispensed  with  when  the  petition  shall 
be  signed  by  the  parents  or  guardians  of  fifty  or  more 
census  children  residents  of  a  district  containing  more  than 
three  hundred   census   children. 

Second — The  boundaries  of  a  school  district,  except  as 
provided  in  section  one  thousand  five  hundred  and  fifty-one 
of  the  Political  Code,  shall  be  changed  only  between  lue 
first  day  of  October  and  the  tenth  day  of  February  in  any 
year,  and  then  only  when  at  least  ten  heads  of  families  re- 
siding in  the  districts  affected  by  the  proposed  change  of 
boundaries  shall  present  to  the  superintendent  of  schools 
a  petition  setting  forth  the  changes  of  boundaries  desired, 
and  the  reasons  for  the  same;  provided,  that  two  or  more 
districts  lying  contiguous  may  at  any  time  be  united 
to  constitute  but  one  district,  whenever  a  petition  signed 
by  a  majority  of  the  heads  of  families  residing  in  each  of 
said  districts  shall  be  presented  to  the  superintendent  or 
schools. 

Third — Joint  districts  (that  is,  districts  lying  partly  in 
one  county  and  partly  in  another)  may  be  formed  at  any 
time  between  the  first  day  of  October  and  the  tenth  day  of 
February  in  any  year,  whenever  a  petition  signed  by  the 
parents  or  guarians  of  at  least  fifteen  census  children, 
residents  of  such  proposed  joint  district  and  residing  at  a 
greater  distance  than  two  miles  by  a  traveled  road  from  any 
public  schoolhouse,  shall  be  presented  to  the  superintendent 
of  each  county  affected  by  the  proposed  formation  of  the 
joint  district;  and  provided  further,  that  the  provision  re- 
quiring that  the  petitioners  shall  reside  a  distance  of  more 
than  two  miles  by  a  traveled  road  from  any  public  school- 


333  PUBLIC    SCHOOL.S.  5§  1578-lS7a 

house  may  be  dispensed  with  when  the  petition  shall  be 
signed  by  the  parents  or  guardians  of  fifty  or  more  census 
children  residents  of  districts  any  one  of  which  contains 
more  than  three  hundred  census  children.  All  the  provi- 
sions relative  to  the  formation  of  joint  districts  shall  be  by 
concurrent  action  of  the  superintendent  and  the  board  of 
supervisors  of  each  county  affected;  still  further  provided, 
that  by  concurrent  action  of  the  boards  of  supervisors  and 
the  county  school  superintendents,  contiguous  school  dis- 
tricts or  parts  of  such  school  districts  lying  in  different 
counties  may,  on  proper  petitions  as  above  required,  be 
united  to  form  a  joint  school  district,  and  the  school  prop- 
erty within  the  territory  thus  united  shall  become  the 
property  of  the  newly  formed  joint  school  uistrict. 

Fourth — Children  residing  in  newly  formed  district.  The 
children  residing  in  any  newly  formed  district,  in  any  dis- 
trict whose  boundaries  have  been  changed,  or  in  any  joint 
district,  shall  be  permitted  to  attend  the  school  in  the  dis- 
trict or  districts  from  which  the  newly  formed  district  was 
constituted  until  the  first  day  of  July  next  succeeding  the 
formation  or  change. 

Fifth— Transfer  of  funds.  Whenever  a  district  shall  be 
united  with  a  municipality  or  with  another  district,  all 
funds  belonging  to  said  district  shall  be  transferred,  by 
requisition  of  the  superintendent  of  the  county  upon  the 
county  auditor,  to  the  municipality  or  district  with  which 
said  district  is  united.  En.  March  12,  1872.  Am'd.  1873-4, 
92;  1875-6,  27;  1880,  34;  1881,  40;  1885,  16;  1889,  184;  1893, 
245;   1903,  358;   1905,  404. 

Cal.  Rep.  Cit.  101,  659;  108,  280;  108,  281;  127,  120;  138, 
255. 

§  1578.     Duties  of  superintendent  on   receipt  of  petition. 

After  giving  due  notice  to  all  parties  interested,  by  sending 
notice  by  registered  mail  to  each  of  the  trustees  of  any 
school  district  that  may  be  affected  by  the  proposed  change, 
or  by  causing  notices  to  be  posted  in  three  public  places 
in  each  district  affected,  one  of  which  shall  be  at  the  door 
of  the  schoolhouse  of  said  district,  for  at  least  one  week, 
the  county  superintendent  must  transmit  the  petition  to 
the  board  of  supervisors,  with  liis  approval  or  disapproval. 
If  he  approves  the  petition  he  may  note  Siich  changes  in 
the  boundaries  as  he  may  think  desirable.  En.  March  12, 
1872.  Am'd.  1873-4,  93;  1889,  185. 
Cal.  Rep.  Cit.     108,  280;    108,  281. 

§  1579.  Duties  of  supervisors  on  same.  The  board  of 
supervisors  must,  at  their  first  meeting  after  the  receipt 


§§  15S0-15S3  PUBLIC    SCHOOLS.  334 

of  the  petition,  act  upon  the  same.  If  the  board  establishes 
the  district,  they  may  do  so  in  accordance  with  the  original 
prayer  of  the  petition,  or  with  such  modifications  as  they 
choose  to  make.     En.  March  12,  1872.     Am'd.  1873-4,  93. 

Cal.  Rep.  Cit.     108,  280;   108,  281. 

§  1580.  New  district,  when  not  to  share  in  school  mon- 
eys.    (Repealed.)     En.  March   12,   1872.     Rep.  1889,   18-5. 

§  1581.  Action  creating  new  districts  void  in  certain 
events.  After  the  making  of  an  order  by  the  board  of 
supervisors  creating  a  new  district,  the  school  must  be 
opened  therein  not  later  than  the  second  Monday  of  Sep- 
tember in  the  year  in  which  the  order  was  made;  otherwise 
said  order  shall  be  null  and  void.  En.  March  12,  1872. 
Am'd.  1891,  157;   1893,  246. 

Cal.  Rep.  Cit.     99,  29;  138,  256. 

§  1582.  New  district,  when  to  share  in  school  moneys. 
(Repealed.)     En.  March  12,  1872.     Rep.  1891,  185. 

§  1583.  Management  of  joint  districts.  Whenever  a 
district  lies  partly  in  one  county  and  partly  in  another, 
the  county  superintendent  must  apportion  to  such  dis- 
trict such  proportion  of  the  school  money  to  which  such 
district  is  entitled  as  the  number  of  school  census  children 
residing  in  that  portion  of  the  district  situated  in  his  county 
bears  to  the  whole  number  of  school  census  children  in 
the  whole  district.  The  text-books  to  be  used  and  the  rules 
governing  the  school  in  such  district  shall  be  those  adopted 
by  the  board  of  education  of  the  county  in  which  the 
schoolhouse  in  said  joint  district  is  located.  The  trustees 
and  teachers  of  joint  district  shall  make  to  the  superin- 
tendents of  each  county  in  which  the  district  is  located 
the  reports  which  other  trustees  and  teachers  are  re- 
quired to  make,  and  also  the  number  of  pupils  attending 
the  school  from  each  county.  The  teacher  in  such  joint 
district  shall  not  be  required  to  hold  a  certificate  in  both 
counties.     En.   Stats.   1880.   34.     Am'd.  1891,  157;    1893,  246. 


335  PUBLIC    SCHOOLS.  SS  1593-1595 

ARTICLE  VI. 

ELECTIONS  FOR  SCHOOL  TRUSTEES. 

§  1593.  Elections   for   trustees,    when    and    where    held. 

§  1594.  Elrctions    In    new    districts.     (Kepealed.) 

§  1595.  Notices    of    election. 

§  1596.  Forming    precincts    and    appointing    Inspectors    and    judges. 

§  1597.  Opening   and    closing   polls. 

§  1398.  Who    may    vote. 

§  1599.  A'oting    must    be    by    ballot. 

$  1600.  Challenge*. 

§  1601.  Poll    lists. 

§  1602.  Certificates    of    election. 

§  1593.  Election  for  trustees,  when  and  where  held.  An 
election  for  school  trustees  must  be  held  in  each  school 
district  on  the  first  Friday  of  April  of  each  year,  at  the  dis- 
trict schoolhouse,  if  there  is  one,  and  if  there  is  none,  at 
the  place  to  be  designated  by  the  board  of  trustees. 

1.  The  number  of  school  trustees  for  any  school  district, 
except  where  city  boards  are  otherwise  authorized  by  law, 
shall  be  three.  No  person  shall  be  deemed  eligible  to  the 
office  of  trustee  on  account  of  sex. 

2.  In  new  school  districts  -  the  school  trustees  shall  be 
elected  on  the  first  Friday  .of  April  subsequent  to  the  for- 
mation of  the  district,  to  hold  office  for  one,  two  or  three 
years,  respectively,  from  the  first  day  of  July  next  suc- 
ceeding their  election. 

3.  When  a  vacancy  occurs  from  any  of  the  causes  speci- 
fied in  section  nine  hundred  and  ninety-six  of  this  code, 
the  county  superintendent  of  schools  shall  appoint  a  suit- 
able person  to  fill  such  vacancy  until  the  first  day  of  July 
next  succeeding  the  appointment,  and  a  trustee  shall  be 
elected  at  the  next  April  election,  to  hold  office  for  the 
remainder  of  the  term. 

4.  Except  as  provided  in  subdivision  two  and  three  of 
this  section,  one  trustee  shall  be  elected  annually,  to  hold 
office  for  three  years  from  the  first  day  of  July  next  suc- 
ceeding his  election,  or  until  his  successor  shall  be  elected, 
or  appointed,  and  qualified.  En.  March  12,  1872.  Am'd. 
1873-4,  80;  1880,  35;  1881,  40;  1887,  142;  1889,  185;  1893, 
247;    1905.    48. 

Cal.  Rep.  Cit.     88,  373;  129,  606. 

§  1591.     Elections    in    new    districts.     (Repealed.)     En. 

March  12,  1872.     Rep.  1889,  185. 

§  1595.  Notices  of  election.  Not  less  than  ten  days 
before  the  election  required  under  section  fifteen  hundred 


§§  159R-1600  PUBLIC  SCHOOIS.  836 

and  ninety-three,  the  trustees  must  post  notices  in  three 
public  places  in  the  district,  which  notices  must  specify 
the  time  and  place  of  election,  and  the  hours  during  which 
the  polls  will  be  kept  open;  if  within  five  days  of  the 
election  the  trustees  have  failed  to  post  the  notices  re- 
quired under  this  section,  then  any  three  electors  of  the 
district  may  give  notice  of  such  election.  En.  March  12, 
1872.     Am'd.  1873-4,  93. 

§  1596.  Forming  precincts  and  appointing  inspectors 
and  judges.  Trustees  or  board  of  education  charged  with 
the  calling,  conduct  and  carrying  on  of  elections,  may  sub- 
divide the  district  into  election  precincts  for  the  holding  of 
the  election,  and  may  change  and  alter  such  precincts  as 
often  as  occasion  may  require,  and  must  appoint  one  in- 
spector and  two  judges  of  election  in  each  precinct;  if  none 
are  so  appointed,  or,  if  those  appointed  are  not  present 
at  the  time  for  opening  the  polls,  the  electors  present  may 
appoint  them,  and  they  shall  conduct  the  election.  En. 
March  12,  1872.     Am'd.  1891,  157;   1893,  247;   1903,  354. 

Cal.  Rep.  Cit.     101,  660. 

§  1597.  Opening  and  closing  polls.  In  districts  in  which 
the  number  of  children  between  five  and  seventeen  years 
of  age  exceed  five  hundred,  the  polls  must  be  opened  at 
eight  o'clock  A.  M.,  and  kept  open  until  sundown.  In  other 
districts  the  polls  must  not  be  opened  before  nine  o'clock 
A.  M.,  nor  kept  open  less  than  four  hours.  En.  March  12, 
1872.     Am'd.   1880.  35. 

Cal.  Rep.  Cit.     124,  12;   124,  703. 

§  1598.  Who  may  vote.  Every  elector,  resident  of  the 
school  district,  who  is  a  qualified  elector  of  the  county, 
and  who  is  registered  in  the  precinct  where  the  election  is 
beld  at  least  thirty  davs  before  the  election,  may  vote  there- 
at.    En.  March  12,  1872.     Am'd.  1880,  35;  1905,  432. 

§  1599.  Voting  must  be  by  ballot.  The  voting  must  be 
by  ballot  (without  reference  to  the  general  election  law 
in  regard  to  nominations,  form  of  ballot,  or  manner  of 
voting),  which  shall  be  handed  by  the  elector  voting  to 
the  inspector,  who  shall  then,  in  his  presence,  deposit  the 
same  in  the  ballot  box,  and  the  judges  shall  enter  the 
elector's  name  on  the  poll  list.  En.  March  12,  1872.  Am'd. 
1873-4.  94;   1891,  157;  1893.  247. 

§  1600.  Cliailenges.  Anv  person  offering  to  vote  may 
be  challenger!  by  any  elector  of  the  district,  and  the  judges 
of  election  must  thereupon  administer  to  the  person  chal- 
lenged an  oath,  In  substance  as  follows:  "You    do    swear 


337  PUBLIC    SCHOOLS.  §S  1601-1612 

that  you  are  a  citizen  of  the  United  States,  that  you  are 
twenty-one  years  of  age,  that  you  have  resided  in  this  state 
one  year,  in  this  county  ninety  days,  and  in  this  school  dis- 
trict thirty  days  preceding  this  election,  and  that  your 
name  is  on  the  great  register  of  this  county,  and  was  on  the 
great  register  of  a  precinct  in  this  school  district  at  least 
thirty  days  before  this  election,  and  that  you  have  not  be- 
fore voted  this  day."  If  he  takes  the  oath  prescribed  in 
this  section,  his  vote  must  be  received,  otherwise  his  vote 
must  be  rejected.  En.  March  12,  1872.  Am'd.  1873-4,  94; 
1880,  35;  1905,  433. 
Cal.  Rep.  Cit.     119,  618. 

§  1601.  Poll  lists.  A  poll  and  tally  list  must  be  kept  and 
returned  to  the  board  of  trustees.     En.  March  12,  1872. 

§  1602.  Certificates  of  election.  The  officers  of  election 
must  publicly  canvass  the  votes  immediately  after  closing 
the  polls,  and  make,  sign,  and  deliver  certificates  of  elec- 
tion to  the  person  or  persons  elected,  which  must,  with  the 
oath  of  oflQce  of  the  person  so  elected  attached,  be  for- 
warded to  the  county  superintendent  of  schools,  and  filed 
in  his  office.  En.  March  12,  1872.  Am'd.  1873-4,  94;  1893. 
248. 

ARTICLE  VII. 

BOARDS     OF     TRUSTEES     OF     SCHOOL     DISTRICTS,      AND      CITY 
BOARDS    OF     EDUCATION. 

§  1611.  School    disti-ict    government. 

§  1612.  Terms   of   office,    new   districts,    etc.     (Repealed.) 

§  li'13.  Term    of    office. 

I  1G14.  Vacancies,    how    filled. 

§  lfil,'>.  Tuistees   of   new    districts    and   joint   districts. 

§  1616.  Boards    of   education    provided    for    by   special    statutes. 

§  1617.  General   powers   of  boards   of   trustees   and   of   education. 

§  1618.  Separate   classes   for   deaf   pupils. 

§  1613.  Must    maintain    all    schools    for   equal    length    of    time. 

§  1620.  Stationery,    etc.,    to   be   furnished   to   pupils. 

§  1621.  School    moneys,    how    used. 

§  1622.  Same. 

§  1623.  Liabilities    of    trustees    on    contracts. 

§  1624.  Liability    of   board    for   dereliction   as    to    school    moneys. 

I  1625.  Persons    to    be    admitted.     (Repeale'd.) 

§  1611.  School  district  government.  Except  when 
otherwise  authorized  by  law,  every  school  district  shall  be 
under  the  control  of  a  board  of  school  trustees,  consisting 
of  three  members.     En.  Stats.  1873-4,  95.     Am'd.  1880,  36. 

§  1612.  Terms  of  office,  new  districts,  etc.  (Repealed.) 
En.  Stats.  1873-4,  95.     Am'd.  1887,  143.     Rep.  1889,  185. 

Pol.  Code— 22 


§§  1613-1617  PUBLIC    SCHOOLS.  838 

§  1613.  Term  of  office.  The  term  of  office  of  school 
trustees  is  three  years,  from  the  first  day  of  July  next 
succeeding  their  election.  En.  March  12,  1872.  Am'd.  1887, 
143. 

§  1614.  Vacancies,  liow  filled.  First.  Vacancies  in  the 
office  of  school  trustee  are  caused  by  the  happeniug  of  any 
of  the  events  specified  in  section  nine  hundred  and  ninety- 
six  of  the  Political  Code,  or  by  failure  to  elect,  as  provided 
in  section  one  thousand  five  hundred  ond  ninety-three  of 
this  code. 

Second.  When  a  school  trustee  resigns,  his  resignation 
must  be  sent  in  writing  to  the  county  superintendent  of 
schools.     En.  March  12,  1872.     Am'd.  1889,  185;  1893,  248. 

§  1615.     Trustees    of    new    districts    and    joint    districts. 

First.  When  a  new  district  is  organized,  such  of  the 
trustees  of  the  old  district  as  reside  within  the  boundaries 
of  the  new  shall  be  trustees  of  the  new  district  until  the 
expiration  of  the  time  for  which  they  were  elected. 

Second.  When  joint  districts  are  formed,  three  trustees 
shall  be  elected  at  the  April  election  next  succeeding  the 
formation  thereof,  to  hold  office  for  one,  two  and  three 
years,  respectively,  from  the  first  day  of  July  next  succeed- 
ing their  election.  The  terms  of  the  trustees  in  the  dis- 
tricts uniting  to  form  the  joint  district  shall  expire  on  the 
formation  of  said  joint  district,  and  the  superintendent  of 
the  county,  in  which  lies  the  district  having  the  greater 
number  of  census  children  shall  appoint  two  trustees, 
and  the  superintendent  of  the  county  in  which  the  other 
district  lies  shall  appoint  one  trustee,  to  hold  office  until 
the  first  day  of  July  next  succeeding  the  formation  of  the 
joint  district.  En.  March  12,  1872.  Am'd.  1893,  248;  1905, 
53. 

§  1616.  Boards  of  education  provided  for  by  special 
statutes.  Boards  of  education  are  elected  in  cities  under 
the  provisions  of  the  laws  governing  such  cities,  and  their 
powers  and  duties  are  as  prescribed  in  such  laws,  except 
as  otherwise  in  this  chapter  provided.  En.  March  12,  1872. 
Am'd.  1880,  3G. 

Cal.  Rep.  Cit.     82,  488;  97,  433;  97,  434;  107.  188;  129,  606. 

§  1617.  General  powers  of  boards  of  trustees  and  of 
education.  The  powers  and  duties  of  trustees  of  school 
districts,  and  of  boards  of  education  in  cities,  are  as 
follows: 


339  PUBLIC    SCHOOLS.  5  1617 

First.  To  prescribe  and  enforce  rules,  not  inconsistent 
with  law  or  those  prescribed  by  the  state  board  of  educa- 
tion, for  their  own  government  and  government  of  schools, 
and  to  transact  their  business  at  regular  or  special  meet- 
ings, called  for  such  purpose,  notice  of  which  shall  be 
given  each  member. 

Second.  To  manage  and  control  the  school  property 
within  their  districts,  and  to  pay  all  moneys  collected  by 
them,  from  any  source  whatever,  for  school  purposes,  into 
the  county  treasury,  to  be  placed  to  the  credit  of  the  special 
fund  of  their  districts. 

Third.  To  purchase  text-books  of  the  state  series  for 
the  use  of  pupils  whose  parents  are  unable  to  purchase 
them,  school  furniture,  including  organs  and  pianos,  and 
apparatus,  and  such  other  things  as  may  be  necessary  for 
the  use  of  schools;  provided,  that  except  in  incorporated 
cities  having  boards  of  education,  they  purchase  such  books 
and  apparatus  only  as  have  been  adopted  by  the  county 
board  of  education. 

Fourth.  To  rent,  furnish,  repair,  and  insure  the  school 
property  of  their  respective  districts. 

Fifth.  When  directed  by  a  vote  of  their  district,  to  build 
schoolhouses  or  to  purchase  or  sell  school  lots. 

Sixth.  To  make,  in  the  name  of  the  district,  conveyances 
on  all  property  belonging  to  the  district,  and  sold  by  them. 

Seventh.  To  employ  the  teachers,  and,  excepting  in  in- 
corporated cities  having  boards  of  education,  immediately 
notifv  the  superintendent  of  schools,  in  writing,  of  such 
employment,  naming  the  grade  of  certificate  held  by  the 
teachers  employed;  also,  to  employ  janitors  and  other 
employees  of  the  schools;  to  fix  and  order  paid  their  com- 
pensation, unless  the  same  be  otherwise  prescribed  by  law; 
provided,  that  no  board  of  trustees  shall  enter  into  any 
contract  with  such  employees  to  extend  beyond  the  thir- 
tieth day  of  June  next  ensuing. 

Eighth.     To  suspend  and  expel  pupils  for  misconduct. 

Ninth.  To  exclude  from  schools  children  under  six 
years  of  age;  provided  that  in  cities  and  towns  in  which 
the  kindergarten  has  been  adopted,  or  may  hereafter  be 
adopted,  as  a  part  of  the  public  primary  schools,  children 
may  be  admitted  to  such  kindergarten  classes  at  the  age 
of  four  years. 

Tenth.  To  enforce  in  schools  the  course  of  study  and  the 
use  of  text-books  prescribed  and  adopted  by  the  proper 
authority. 


§  1617  PUBLIC    SCHOOLS.  8*) 

Eleventh.  To  appoint  district  librarians,  and  enforce 
the  rules  prescribed  for  the  government  of  district  libra- 
ries. 

Twelfth.  To  exclude  from  school  and  school  libraries 
all  books,  publications,  or  papers  of  a  sectarian,  partisan, 
or  denominational  character. 

Thirteenth.  To  furnish  books  for  the  children  of  parents 
unable  to  purchase  them;  the  books  so  furnished  to  be- 
long to  the  school  district,  and  to  be  kept  in  the  district 
school  library  when  not  in  use. 

Fourteenth.  To  keep  a  register,  open  to  the  inspection 
of  the  public,  of  all  children  applying  for  admission  and 
entitled  to  be  admitted  into  the  public  schools,  and  to 
notify  the  parents  or  guardians  of  such  children  when 
vacancies  occur,  and  receive  such  children  into  the  schools 
in  the  order  in  which  they  are  registered. 

Fifteenth.  To  permit  children  from  other  districts  to 
attend  the  schools  of  their  district  only  upon  the  consent 
of  the  trustees  of  the  district  in  which  such  children  reside; 
provided,  that  should  the  trustees  of  the  district  in  which 
children  whose  parents  or  guardians  desire  them  to  attend 
in  other  districts  reside  refuse  to  grant  their  consent,  the 
parents  or  guardians  of  such  children  may  appeal  to  the 
county  superintendent  and  his  decision  shall  be  final. 

Sixteenth.  On  or  before  the  first  day  of  April  in  each 
year,  to  appoint  a  school  census  marshal,  and  notify  the 
superintendent  of  schools  thereof;  provided,  that  in  any 
city,  or  city  and  county,  the  appointment  of  all  school 
census  marshals  shall  be  subject  to  the  approval  of  the 
city  superintendent  of  schools. 

Seventeenth.  To  make  an  annual  report,  on  or  before 
the  first  day  of  July,  to  the  superintendent  of  schools,  in 
the  manner  and  form  and  on  the  blanks  prescribed  by  the 
superintendent  of  public  instruction. 

Eighteenth.  To  make  a  report,  whenever  required,  di- 
rectly to  the  superintendent  of  public  instruction,  of  the 
text-books  used  in  their  schools. 

Nineteenth.  To  visit  every  school  in  their  district  at- 
least  once  in  each  term,  and  exami  e  carefully  into  its 
management,  condition  and  wants.  Ihis  clause  to  apply  to 
each  and  every  member  of  the  board  of  trustees. 

Twentieth.  Boards  of  trustees  i^aj,  and  upon  a  petition 
signed  by  a  majority  of  the  heads  of  families  resident  in 
the  di.strict  as  shown  by  the  last  preceding  school  census 
must,  call  meetings  of  the  qualified  electors  of  the  district 


341  PUBLIC     SCHOOLS.  §  IfiH 

for  determining  or  changing  the  location  of  the  school- 
house,  or  for  consultation  in  regard  to  any  itigation  in 
which  the  district  may  be  engaged,  or  be  likely  to  become 
engaged,  or  in  regard  to  any  affairs  of  the  district.  Such 
meetings  shall  be  called  by  posting  three  notices  in  pub- 
lic places,  one  of  which  shall  be  in  a  conspicuous  place 
on  the  schoolhouse,  for  not  less  than  ten  days  previous  to 
the  time  for  which  the  meeting  shall  be  called,  which  no- 
tices shall  specify  the  purposes  for  which  said  meeting 
shall  be  called;  and  no  other  business  shall  be  transacted 
at  such  meetings.  D- strict  meetings  shall  be  organized 
by  choosing  a  chairman  from  the  electors  present,  and  the 
district  clerk  shall  be  clerk  of  the  meeting,  and  shall  enter 
the  minutes  thereof  on  the  records  of  the  district.  A 
meeting  so  called  shall  be  competent  to  instruct  the  board 
of  trustees: 

1.  In  regard  to  the  location  or  change  of  location  of  the 
schoolhouse,  or  the  use  of  the  same  for  other  than  school 
purposes;  provided,  that  in  no  case  shall  the  schoolhouse 
be  used  for  purposes  which  necessitate  the  removal  of  any 
school  desks  or  other  school  furniture. 

2.  In  regard  to  the  sale  and  purchase  of  school  sites. 

3.  In  regard  to  prosecuting,  settling,  or  compromising 
any  litigation  in  which  the  district  may  be  engaged,  or  be 
likely  to  become  engaged,  and  may  vote  money,  not  ex- 
ceeding one  hundred  dollars  in  any  one  year,  for  any  of 
these  purposes,  in  addition  to  any  amount  which  may  be 
raised  by  the  sale  of  district  school  property,  and  the  insur- 
ance of  property  destroyed  by  fire;  provided,  that  the  pro- 
ceeds of  the  insurance  of  the  library  and  apparatus  shall 
be  paid  into  the  library  fund.  All  fimds  raised  by  the  sale 
of  school  property  may  be  disposed  of  by  direction  of  a 
district  meeting.  District  meetings  may  be  adjourned 
from  time  to  time,  as  found  necessary,  and  all  votes  in- 
structing the  board  of  trustees  shall  be  taken  by  ballot,  or 
by  ayes  and  noes  vote,  as  the  meeting  may  determine.  The 
board  of  trustees  shall,  in  all  cases  be  bound  by  the  in- 
structions of  the  district  meeting  in  regard  to  the  subjects 
mentioned  in  this  section;  provided,  that  the  vote  in  fa- 
vor of  changing  the  location  of  the  schoolhouse  shall  be 
two  thirds  of  all  the  electors  voting  at  said  meeting  upon 
the  proposition  to  change  the  location. 

Twenty-first.  Without  the  vote  of  the  district  to  prose- 
cute or  compromise  anj^  litigation,  claims,  demands  and 
causes  of  action  arising  from  the  destruction,  partial  or 
total,  of  any  school  building  in  the  course  of  construction 


§§  161S,  1619  PUBLIC    SCHOOLS.  342 

during  the  month  of  April,  A.  D.,  one  thousand  nine  hun- 
dred and  six,  in  which  tlie  district  is  or  shall  hereafter  be 
engaged,  and  devote  money  for  any  of  these  purposes.  En. 
March  12,  1872.  Am'd.  1873-4,  81;  1877-8,  28;  1880,  36;  1881, 
41;  1889,  185;  1891,  158;  1893,  248.     June  14,  1906. 

Cal.  Rep.  Cit.  48,  57;  55,  494;  82,  488;  82,  494;  82,  496; 
82,  594;  93,  418;  97.  434;  97,  435;  97,  436;  99,  29; 
102,  185;  104.  354;  138,  704;  139.  459;  ±39,  460;  139, 
461.  Subd.  7—55,  492;  55,  493;  55,  495;  82,  495;  139, 
453.  Subd.  8—139,  454.  Subd.  9—107,  191.  Subd. 
14— 127, 125;  129,  606.  Subd.  17— 82,  591.  Subd.  20— 
87,  172;    139,  454. 

Act  prohibiting  soliciting  of  supervisor:  See  post.  Ap- 
pendix, title  Officers. 

Act  to  prevent  discrimination  against  female  teachers: 
See  General  Laws,  title  Schools. 

§  1618.  Separate  classes  for  deaf  pupils.  The  board  of 
education  of  every  city  or  city  and  county,  or  board  of 
school  trustees  of  every  school  district  in  this  state,  con- 
taining five  or  more  deaf  children,  or  children  who  from 
deafness  are  unable  to  hear  common  conversation,  between 
the  ages  of  three  and  twenty-one  years,  may  in  their 
discretion  establish  and  maintain  separate  classes  in  the 
primary  and  grammar  grades  of  the  public  schools,  where- 
in such  pupils  shall  be  taught  by  the  pure  oral  system  for 
teaching  the  deaf.  En.  March  12,  1872.  Rep.  1873-4,  111. 
En.  Stats.  1880,  17.  Rep.  1889,  188.    En.  1903,  96. 

Cal.  Rep.  Cit.     55,  492;   55,  496;   114,  151. 

§  1619.  Must  maintain  all  schools  for  equal  length  of 
time.  First.  The  boards  of  school  trustees  and  city 
boards  of  education  must  maintain  all  the  schools  estab- 
lished by  them  for  an  equal  length  of  time  during  the  year, 
and,  as  far  as  practicable,  with  equal  rights  and  privileges. 

Second.  When,  in  any  district,  it  is  necessary  for  the 
convenience  of  the  residents  of  said  district  that  the 
school  therein  should  be  maintained  a  part  of  the  year 
in  one  portion  of  the  district,  and  a  part  of  the  year  in 
another  portion  of  the  district,  the  aggreg'ate  of  the  time 
the  school  has  been  maintained  in  the  different  portions  of 
the  district  shall  be  considered  in  estimating  the  time  for 
which  a  school  has  been  maintained  in  the  district  during 
the  school  year.  En.  March  12,  1872.  Am'd.  1880,  38;  1893, 
251. 


343  PUBLIC    SCHOOLS.  §§  1620-1623 

§  1620.  Stationery,  etc.,  to  be  furnished  to  pupils.  Writ- 
ing and  drawing  paper,  pens,  inks,  blackboards,  blackboard 
rubbers,  crayons,  and  lead  and  slate  pencils,  and  other 
necessary  supplies  for  the  use  of  the  schools,  must  be 
furnished  under  the  direction  of  the  city  boards  of  educa- 
tion and  boards  of  school  trustees,  and  charges  therefor 
must  be  audited  and  paid  as  other  claims  against  the 
county  school  fund  of  their  districts  are  audited  and  paid. 
En.  March  12,  1872.  Am'd.  1873-4,  95;  1880,  38;  1881,  43; 
1889,  188;  1893,  251. 

§  1621.  School  moneys,  how  used.  The  boards  of  school 
trustees  and  city  boards  of  education  must  use  the  school 
moneys  received  from  the  state  and  county  apportionments 
exclusively  for  the  support  of  schools  for  that  school  year, 
until  at  least  an  eight  months'  school  has  been  maintained; 
if  at  the  end  of  any  year  during  which  an  eight  months' 
school  has  been  maintained  there  is  an  unexpended  bal- 
ance, it  may  be  used  for  the  payment  of  claims  against  the 
district  outstanding,  or  it  may  be  used  for  the  year  suc- 
ceeding. Any  balance  remaining  on  hand  at  the  end  of  any 
school  year  in  which  school  has  not  been  maintained  eight 
months  shall  be  reapportioned  by  the  superintendent  of 
schools  as  other  moneys  are  apportioned;  provided,  that 
if  a  district  has  been  prevented  from  maintaining  a  school 
for  eight  months  in  any  year  in  consequence  of  fire,  flood, 
prevailing  epidemic,  or  other  cause,  which  may,  upon  in- 
vestigation by  the  superintendent  of  the  county,  be  deter- 
mined to  be  a  good  and  sufficient  one,  said  balance  shall 
not  be  reapportioned.  En.  March  12,  1872.  Am'd.  1873-4, 
95;    1880,  38;   1881,  43;   1893,  251. 

Cal.  Rep.  Cit.     97,  435;  134,  592. 

§  1622.  Same.  Boards  of  trustees  may  use  the  county 
school  moneys  for  any  of  the  purposes  authorizea  by  this 
chapter,  but  all  state  school  moneys  must,  except  the  ten 
per  cent  reserved  for  district  school  library  purposes,  be 
applied  exclusively  for  the  payment  of  teachers  of  primary 
and  grammar  schools.    En.  March  12,  1872.    Am'd.  1880,  38. 

Cal.  Rep.  Cit.     134,  66. 

Conforms  to  Const.  Cal.,  art.  IX,  sec.  6. 

§  1623.  Liabilities  of  trustees  on  contracts.  Boards  of 
trustees  are  liable  as  such,  in  the  name  of  the  district,  for 
any  judgment  against  the  district  for  salary  due  any  teach- 
er on  contract,  and  for  all  debts  contracted  under  the  pro- 
visions of  this  chapter,  and  they  must  pay  such  judgment 


§§  1624-1634  PUBLIC    SCHOOLS.  84* 

or  liabilities  out  of  the  school  moneys  to  the  credit  of  such 
district;  provided,  that  the  contracts  mentioned  in  this 
section  are  not  in  excess  of  the  school  moneys  accruing 
to  the  district  for  t'he  school  year  for  which  the  contracts 
are  made,  otherwise  the  district  shall  not  be  held  liable. 
En.  March  12,  1872.  Am'd.  1873-4,  96. 
Cal.  Rep.  Cit.     134,  66;  140,  561. 

§  1624.  Liability  of  board  for  dereliction  as  to  school 
moneys.  If  any  board  of  trustees,  or  city  board  of  educa- 
tion, fail  to  appoint  a  census  marshal  at  the  proper  time, 
and  through  such  failure  the  district  is  omitted  in  the 
apportionment  of  school  moneys,  the  trustees  or  members 
of  the  city  board  of  education  are  jointly  and  severally 
personally  liable  to  the  district  for  the  full  amount  which 
the  district  would  have  received  but  for  such  failure;  and 
the  amount  may  be  recovered  in  an  action  brought  by  any 
citizen  of  such  district  or  city,  in  the  name  of  and  for  the 
benefit  of  the  district  or  city.  En.  March  12,  1872.  Am'd. 
1880,  38. 

See  post,  sec.  1634-1640. 

§  1625.  Persons  to  be  admitted.  (Repealed.)  En 
Stats.  1887,  125.     Rep.  1891,  164. 

ARTICLE    VIII. 

DISTRICT    CENSUS    MARSHALS. 

§  1634.  Duty    of   census   marshal. 

§  1635.  Where   district   in   two  counties. 

§  163G.  Report   of. 

§  1G37.  Children  absent  at  school,   orphans,   etc.,   to  be  listed. 

§  1638.  Children    ."if   non-residents,    when   not   to   be   Included. 

§  1639.  Compensation    of   marshal. 

§  1640.  Failure   to   leport,    a   misdemeanor. 

§  1634.  Duty  of  census  marshal.  It  is  the  duty  of  the 
census  marshal: 

First.  To  take  annually,  between  the  fifteenth  and 
thirtieth  days  of  April,  inclusive,  a  census  of  all  children, 
including  the  children  of  Indian  parents  who  pay  taxesi 
or  who  are  not  living  in  the  tribal  relation,  under  seven- 
teen years  of  age,  who  were  residents  of  his  district  on 
said  fifteenth  day  of  April. 

Second.  To  report  the  results  of  his  labors  to  the  super- 
intendent of  .schools  (or  to  the  board  of  education  in  cities), 
on  or  before  the  tenth  day  of  May  in  each  year. 

Third.  Ho  shall  visit  each  habitation,  home,  residence, 
domicile,  or  place  of  abode  in  his  district,  and  by  actual 


345  PUBLIC   SCHOOLS.  §§  1635,  1636 

observation  and  interrogation  enumerate  the  census  chil- 
dren of  the  same. 

Fourth.  Before  entering  upon  the  discharge  of  his  du- 
ties as  such,  the  census  marshal  must  qualify  and  file  his 
oath  of  office  in  the  office  of  the  superintendent  of  schools. 
En.  March  12,  1872.     Am'd.  1873-4,  96;   1881,  43;   1893,  251. 

Cal.  Rep.  Cit.     134,  66. 

§  1635.  Where  district  in  two  counties.  Whenever  a 
district  is  formed,  lying  partly  in  two  adjoining  counties, 
the  census  marshal  must  report  to  each  county  superin- 
tendent the  number  of  children  in  each  county.  En.  March 
12,  1872.     Am'd.  1873-4,  96. 

§  1636.  Report  of.  His  report  must  be  made  under  oath 
upon  blanks  furnished  by  the  superintendent  of  public  in- 
struction, and  must  show: 

First.  The  number,  age,  sex,  color,  name  and  nationality 
of  the  children  listed,  and  the  number  of  those  who  from 
deafness  are  unable  to  hear  common  conversation. 

Second.  The  names  of  the  parents  or  guardians  of  said 
children,  arranged  alphabetically,  except  in  cities  of  the 
first  class.  In  all  cities  the  number  and  street  of  resi- 
dence must  be  given. 

Third.  The  number  of  school  children  in  each  house,  or 
family,  that  have  not  been  vaccinated. 

Fourth.  Such  other  facts  as  the  superintendent  of  pub- 
lic instruction  may  designate. 

Fifth.  The  census  marshal  shall  have  power  to  admin- 
ister oaths  to  parents  and  guardians. 

Sixth.  If  at  any  time  the  superintendent  of  schools  has 
reason  to  believe  that  a  correct  census  of  the  district  has 
not  been  taken,  he  must  have  it  corrected,  and  if  necessary 
for  the  purpose  he  may  appoint  a  census  marshal,  and 
have  the  census  of  the  district  retaken.  Should  the  board 
of  education  or  the  board  of  school  trustees  of  said  city  or 
district  fail  or  refuse  to  issue  an  order  for  the  compensa- 
tion of  said  marshal  for  his  services,  the  superintendent  of 
schools  is  hereby  authorized  to  issue  his  requisition  there- 
for against  the  county  fund  of  such  city  or  district  with- 
out  such    order. 

Seventh  Whenever,  by  reason  of  conflagration  or  other 
public  calamity,  it  shall  be,  or  has  been,  impossible  or  im- 
practicable in  any  city,  city  and  county,  or  school  district 
to  take  or  make  between  the  fifteenth  and  thirtieth  days  of 
April,  inclusive,  a  census  of  all  children  between  the  ages 
of  five  and  seventeen  years,  as  provided  in  Part  III,  of  this 


12 


§§  1637-1639  PUBLIC    SCHOOLS.  S46 

code,  the  superintendent  of  schools  shall,  as  a  substitute 
for  such  census,  use  the  school  census  of  such  city,  city 
and  county,  or  school  district  of  the  next  preceding  school 
year,  adding  thereto  or  deducting  therefrom  the  percen- 
tage of  average  annual  loss  or  gain  in  the  number  of  chil- 
dren of  census  age  within  such  city,  city  and  county,  or 
school  district,  ascertained  from  an  inspection  and  exam- 
tion  of  the  school  census  record  for  the  preceding  ten  years 
in  said  city,  city  and  county,  or  school  district,  and  such 
census  when  so  prepared  shall  be  conclusive  on  all  school 
authorities.  En.  March  12,  1872.  Am'd.  1873-4,  96;  1881. 
43;  1889,  188;  1893,  252;   1903,  95;  June  14,  1906. 

§  1637.  Children  absent  at  school,  orphans,  etc.,  to  be 
listed.  He  must  include  in  his  report  all  children  who  are 
absent  attending  institutions  of  learning,  and  whose  pa- 
rents or  guardians  are  residents  of  the  district;  he  must 
also  include  as  census  children  the  children  of  Indian  pa- 
rents who  are  not  living  in  tribal  relations.  Orphan  chil- 
dren, half-orphan  children,  and  children  living  in  orphan- 
ages and  attending  public  school  shall  be  listed  in  the  dis- 
trict in  which  the  orphanage  is  located  under  the  guardian- 
ship of  the  matron  of  the  orphanage;  he  must  also  include 
all  native-born  Chinese  children.  En.  March  12,  1872. 
Am'd.   1893,   252;    1901,   51. 

Cal.  Rep.  Cit.     134,  66. 

§  1638.  Children  of  non-residents,  when  not  to  be  in- 
cluded. He  must  not  include  in  his  report  children  who  are 
attending  institutions  of  learning  or  such  benevolent  insti- 
tutions as  deaf  and  dumb,  blind,  and  orphan  asylums  in 
his  district,  whose  parents  or  guardians  do  not  reside 
therein,  unless  such  children  attend  the  public  school  in 
the  school  district  in  which  such  benevolent  institution 
or  orphanage  is  located.  En.  March  12,  1872.  Am'd.  1873- 
4,  97;   1893,  252;   1901,  52. 

§  1639.  Compensation  of  marshal.  The  compensation  of 
census  marshal  must  be  audited  and  paid  as  other  claims 
upon  the  school  fund  of  the  district  are  audited  and  paid; 
provided,  such  compensation  shall  not  exceed  six  dollars 
per  day  for  time  actually  and  necessarily  employed;  and 
provided  further  that  in  no  case  shall  the  compensation 
be  computed  at  a  per  capita  sum;  nor  shall  any  order  for 
such  compensation  be  drawn  by  the  trustees  of  any  dis- 
trict, or  by  any  board  of  education,  until  they  shall  have 
been  notified  by  the  superintendent  that  the  report  of  the 
census  marshal  has  been  approved  by  him.    In  case  the  re- 


347  PUBLIC    SCHOOLS.  §§  1640-1651 

port  should  not  be  approved  by  the  superintendent,  the 
census  marshall  shall  not  be  entitled  to  receive  any  com- 
pensation.   En.  March  12,  1872.     Am'd.  1889,  188;  1893,  253. 

§  1640.  Failure  to  report,  a  misdemeanor.  If  the  census 
marshal  neglect  or  refuses  to  make  his  report  at  the  time 
and  in  the  manner  herein  required,  or  to  perform  any 
other  duty  devolved  upon  him,  he  must  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  be  punished  by  fine 
or  imprisonment.     En.  Stats.  1873-4,  85. 

ARTICLE  IX. 

OLERKy   OF    SCHOOL   DISTRICTS. 
§  1619.     When    ani    how    elected. 
§  1650.     General   duties   of. 
§  1651.     When    to    provide    supplies,    etc. 
§  1652.     "When   to  act   as   other  officers.     (Repealed.) 

§  1649.  When  and  how  elected.  Boards  of  trustees 
must  annually,  on  the  first  Saturday  of  July,  meet  and 
elect  one  of  their  number  clerk  of  the  district;  and  if 
a  clerk  is  not  elected  at  this  date,  the  superintendent 
shall  appoint.     En.  March  12,  1872.     Am'd.  1891,  160. 

§  1650.     General  duties  of.     It  is  the  duty  of  the  clerk: 

First.  To  call  meetings  of  the  board  at  the  request  of 
two  members,  and  to  act  as  clerk  of  the  board,  and  keep 
a  record  of  its  proceedings,  and  an  accurate  account  of 
the  receipts  and  expenditures  of  school  moneys. 

Second.  To  keep  his  records  and  accounts  open  to 
the  inspection  of  the  electors  of  the  district,  in  suitable 
books  provided  by  the  board  of  school  trustees  for  that 
purpose. 

Third:  To  place  the  monthly  journal  designated  as  the 
official  organ  of  the  department  of  public  instruction  in 
the  school  district  library  each  month;  and  if  he  fails  to 
receive  it  regularly,  to  immediately  notify  the  publishers 
of  such  fact. 

Fourth.  To  perform  such  other  duties  as  may  be  pre- 
scribed by  the  board.  En.  March  12  1872.  Am'd.  1889, 
188;   1891,  160;   1893,  253. 

§  1651.  When  to  provide  supplies,  etc.  The  clerk  of 
each  district  must,  under  the  direction  of  the  board  of 
trustees,  provide  all  school  supplies  authorized  by  this 
chapter,  keep  the  schoolhouse  in  repair  during  the  time 
school  is  taught  therein,  and  exercise  a  general  care  and 
supervision  over  the  school  premises  and  school  property 
during  the  vacations  of  the  school.  En.  March  12,  1872. 
Am'd.  1889,   189;    1893,  253. 


§§  1652-1663  PUBLIC    SCHOOLS.  348 

§  1652.  When  to  act  as  other  officers.  (Repealed.)  En. 
March  12,  1872.  Rep.  1880,  47. 

ARTICLE  X. 

SCHOOLS. 

5  1662.  Who    may    be    admitted    to. 

§  1663.  Schools    to    be    clapsifled. 

§  1664.  To  be   taught   in   the   English   language. 

§  1665.  Course   of   instruction. 

§  1666.  Other     studies. 

§  1667.  Instruction    in    manners,    etc. 

§  lfi6S.  Physical    exercise,    etc. 

§  1669.  Kstablishment    of    high    schools. 

§  1670.  Same. 

§  1671.  Same. 

§  1672.  Sectarian   books   aJi'J    teachings   prohibited. 

§  1673.  Duration    of    daily    sessions. 

§  1674.  Formation    and    maintenance    of    union    school    districts. 

§  1662.  Who  may  be  admitted  to.  Every  school,  unless 
otherwise  provided  by  law,  must  be  open  for  the  ad- 
mission of  all  children  between  six  and  twenty-one  years 
of  age  residing  in  the  district,  and  the  board  of  school 
trustees,  or  city  beard  of  education,  have  power  to  admit 
adult.?  and  children  not  residing  in  the  district,  whenever 
good  reasons  exist  therefor.  Trustees  shall  have  the  power 
to  exclude  children  of  filthy  or  vicious  habits,  or  chil- 
dren suffering  from  contagious  or  infectious  diseases,  and 
also  to  establish  separate  schools  for  Indian  children  and 
for  children  of  Mongolian  or  Chinese  descent.  When  such 
separate  schools  are  established,  Indian,  Chinese,  or  Mon- 
golian children  must  not  be  admitted  into  any  other  school; 
provided,  that  in  cities  and  towns  in  which  the  kinder- 
garten has  been  adopted  or  may  hereafter  be  adopted  as 
part  of  the  public  primary  schools,  children  may  be  ad- 
mitted to  such  kindergarten  classes  at  the  age  of  four 
years;  and  provided  further,  that  in  cities  or  school  dis- 
tricts in  which  separate  classes  have  been  or  may  here- 
after be  established,  for  the  instruction  of  the  deaf,  chil- 
dren mav  be  admitted  to  such  classes  at  the  age  of  three 
years.  En.  March  12,  1872.  Am'd.  1880,  38;  1885,  100; 
1891,  IGO;   1893,  253;  1903,  86. 

Cal.  Rep.  Cit.     82,  592;  82,  593;  82,  594;  99,  29;  107,  191. 

§  1663.  Schools  to  be  classified.  (1)  The  public 
schools  of  California,  other  than  those  supported  exclusive- 
ly by  the  state,  shall  be  classed  as  high  schools,  technical 
schools,  and  grammar  and  primary  schools  (including 
kindergarten  classes),  and  no  teacher  shall  be  employed 
to  teach  in  any  school  if  the  certificate  held  by  the  teacher 
ia  of  a  grade  below   that  of  the   school   or  class  to  be 


349  PUBLIC    SCHOOLS.  §§  1664,  1665 

taught;  provided,  that  the  holders  of  existing  primary 
certificates  or  of  the  same  when  hereafter  renewed  shall 
be  eligible  to  teach  in  any  of  the  classes  of  the  schools  of 
the  county,  or  city  and  county,  which  the  county,  or  city 
and  county  superintendent  shall  have  designated  as  of  the 
primary  grade,  or  in  any  school  which  said  superintendent 
shall  have  designated  as  a  primary  school;  and  provided 
further,  that  nothing  herein  contained  shall  be  construed . 
as  prohibiting  the  employment  of  any  person  holding  a 
valid  special  certificate  for  kindergarten  work  heretofore 
granted  by  anv  county,  or  city  and  county,  board  of  educa- 
tion in  this  state,  as  a  teacher  in  any  kindergarten  class 
of  a  primary  school  in  the  county,  or  city  and  county,  in 
which  such  valid  special  certificate  for  kindergarten  work 
shall  have  been  granted.  The  county,  or  city  and  county, 
board  of  education  must,  except  in  incorporated  cities  hav- 
iUj^  boards  c  education,  on  or  before  the  first  day  of  July 
of  each  year  prescribe  the  course  of  study  in  each  grade 
of  the  grammar  and  primary  schools  for  the  ensuing  school 
year. 

(2)  E^Kce^t  in  incorporated  cities  having  boards  of  edu- 
cation, the  county,  oi'  city  and  county,  board  of  education 
shall  provide  for  a  final  examination  and  conferring  of 
diplomas  of  graduation  on  those  pupils  who  have  satis- 
factorily completed  the  course  of  study  provided  for  the 
grammar  and  primary  schools  of  the  county. 

(3)  The  county,  or  city  and  county,  board  of  education 
may  amend  and  change,  sub,iect  to  section  sixteen  hundred 
and  sixty-five  of  this  cede,  the  course  of  study  for  the 
grammar  and  primary  schools,  whenever  necessary.  En. 
j\  arch  12,  1872.  Am'd.  1873-4,  97;  1880,  38;  1883,  83;  1889, 
189;    1891,  161;     1893,  254;     1901,   670. 

§  1664.  To  be  taught  in  the  English  language.  All 
schools  must  be  taught  in  the  Etiglish  language.  En. 
March.  12;  1872. 

§  1665.  Course  of  instruction.  Instruction  must  be 
given  in  the  following  branches  in  the  several  grades  in 
which  they  may  be  required,  viz.:  Reading,  writing,  or- 
thography, arithmetic,  geography,  nature  study;  language 
and  grammar,  with  special  reference  to  composition;  his- 
tory of  the  United  States  and  civil  government;  elements 
of  physiology  and  hygiene,  with  special  reference  to  the 
effect  of  alcohol  and  narcotics  on  the  human  system;  mu- 
sic, drawing,  and  elementary  bookkeeping,  humane  educa- 


§§  1666-1669  PUBLIC    SCHOOLS.  WO 

tion;  provided,  that  instruction  in  elementary  bookkeep- 
ing, humane  education,  elements  of  physiology  and  hy- 
giene, music,  drawing,  and  nature  study  may  be  oral,  no 
text-books  on  these  subjects  being  required  to  be  pur- 
chased by  the  pupils;  provided  further,  that  county  boards 
of  education  may,  in  districts  having  less  than  one  hun- 
dred census  children,  confine  the  pupils  to  the  studies  of 
.  reading,  writing,  orthography,  arithmetic,  language  and 
grammar,  geography,  history  of  th-j  United  States  and  civil 
government,  elements  of  physiology  and  hygiene,  and  ele- 
m.entary  bookkeeping  until  they  have  a  practical  knowl- 
edge of  these  subjects;  and  it  is  further  provided,  that 
no  more  than  twenty  recitations  per  week  shall  be  re- 
quired of  pupils  in  the  secondary  schools,  and  no  pupil 
under  the  age  of  fifteen  years  in  any  grammar  or  primary 
school  shall  be  required  to  do  any  home  study.  En.  March 
12,  1872.  Am'd.  1873-4,  111;  1880,  39;  1887,  142;  1889,  189; 
1891,  161;  1893,  254;  1901,  797. 
Cal.  Rep.  Cit.     107,  191;  107,  192. 

§  1666.  Other  studies.  Other  studies  may  be  authorized 
by  the  board  of  education  of  any  county,  city,  or  city  and 
county,  by  such  studies  if  so  authorized  shall  be  in  lieu 
of  a  corresponding  number  of  such  numerated  studies  spe- 
cified in  the  preceding  section  and  not  in  addition  thereto. 
En.  March  12,  1872.    Am'd.  1880,  39;  1893,  254;  1901,  797. 

Cal.  Rep.  Cit.     107,  191;  107,  192. 

§  1667.  Instruction  in  manners,  etc.  Instruction  must 
be  given  in  all  grades  of  schools  and  in  all  classes  during 
the  entire  school  course,  in  manners  and  morals,  and 
upon  the  nature  of  alcoholic  drinks  and  narcotics  and  their 
effects  upon  the  human  system.  En.  March  12,  1872.  Am'd. 
1887,   142. 

Cal.  Rep.  Cit.     66,  474;  82,  592. 

§  1668.  Physical  exercise,  etc.  Attention  must  be  given 
to  such  physical  exercises  for  the  pupils  as  may  be  con- 
ducive to  health  and  vigor  of  the  body  as  well  as  mind,  and 
to  the  ventilation  and  temperature  of  schoolrooms.  En. 
March  12,  1872. 

§  1669.  Establishment  of  high  schools.  High  schools 
may  be  established  and  maintained  in  the  manner  provided 
In  sections  one  thousand  six  hundred  and  seventy  and  one 
thousand  six  hundred   and  seventy-one    of    the    Political 


R61  PUBLIC    SCHOOLrS.  S  1670 

Code.  En.  March  12,  1872.  Am'd.  1873-4,  97.  Rep.  1880, 
47.  En.  Stats.  1887,  125.  Rep.  1891,  164.  En.  Stats.  1893, 
268. 

Cal.  Rep.  Cit.     82,  591;  141,  372;  141.  376;  141,  377. 

§  1670.  Same.  First — Any  city,  incorporated  town,  or 
school  district  accredited  by  the  last  preceding  school  cen- 
sus with  a  school  population  of  three  hundred  or  more, 
may,  by  a  majority  vote  of  the  qualified  electors  voting 
'at  the  election  held  for  the  purpose  of  determining  the 
establishment  and  maintenance  of  such  high  school,  estab- 
lish and  maintain  a  high  school,  at  the  expense  of  such 
city,  incorporated  town,  or  school  district. 

Second — Whenever  heads  of  families  equal  in  number 
to  a  majority  of  the  number  of  heads  of  families  as 
shown  by  the  last  preceding  school  census,  in  any  city, 
incorporated  town,  or  school  district,  accredited  by  the 
last  preceding  school  census  with  a  school  population  of 
three  hundred  or  more,  shall  unite  in  a  petition  to  the 
board  of  education  or  board  of  school  trustees  of  said 
city,  incorporated  town,  or  school  district,  for  the  estab- 
lishing and  maintaining  of  a  high  school  therein,  said 
board  of  education  or  board  of  school  trustees  shall  peti- 
tion the  county  superintendent  of  schools  to  call  an  elec- 
tion in  said  city,  incorporated  town,  or  school  district, 
for  the  determination  of  the  question. 

Third — Within  twenty  days  after  receiving  said  petition 
from  said  board  of  education  or  board  of  school  trustees, 
the  county  superintendent  of  schools  shall  call  an  elec- 
tion therein  for  the  determination  of  the  question,  and 
shall  appoint  three  qualified  electors  thereof  to  conduct 
said  election.  Said  election  shall  be  called  by  posting 
notice  thereof  in  five  of  the  most  public  places  in  said 
city,  incorporated  town,  or  school  district,  and  by  pub- 
lication in  a  daily  or  weekly  paper  therein  if  there  be 
one,  for  not  less  than  fifteen  days.  Said  election  shall  be 
conducted  in  the  manner  prescribed  for  conducting  school 
elections.  The  ballots  at  such  elections  shall  contain 
the  words  "For  high  school,"  and  the  voter  shall  write 
or  print  after  said  words  on  his  ballot  the  word  "Yes," 
or  the  word  "No."  It  shall  be  the  duty  of  said  election 
oflBcers  to  report  the  result  of  said  election  to  the  county 
superintendent  of  schools  within  ten  days  subsequent  to 
the  holding  thereof. 

Fourth — When  the  heads  of  families  equal  in  number 
to  a  majority  in  each  district,  as  shown  by  the  last  pre- 


§  1670  PUBUC    SCHOOLS.  K'i 

ceding  school  census,  residing  in  two  or  more  contiguous 
school  districts  in  the  same  county  (provided,  that  said 
districts  are  accredited  by  said  school  census  with  a  school 
population  of  three  hundred  or  more),  shall  unite  in 
a  petition  to  the  county  superintendent  of  schools  for  the 
establishing  and  maintaining  of  a  union  high  school  dis- 
trict, he  shall,  within  twenty  days  after  receiving  said  pe- 
tition, call  an  election  for  the  determination  of  the 
question,  and  shall  appoint  three  qualified  electors  in 
each  of  the  districts  petitioning  to  conduct  the  election 
therein.  Any  head  of  family  residing  within  the  district 
at  the  date  of  petition  shall  be  a  competent  signer  of 
■such  petition,  whether  he  shall  or  shall  not  have  been  list- 
ed as  the  head  of  a  family  resident  in  such  district  at  the 
last  preceding  school  census;  and  his  signature  to  such 
petition  shall  have  the  same  force  and  effect  as  if  the 
name  of  such  petitioner  had  appeared  as  that  of  the  head 
of  a  family  in  the  last  preceding  school  census  of  such 
district;  provided,  that  the  superintendent  of  schools  may 
require  such  petitioner,  or  another  person  for  him,  to 
certify  under  oath  that  the  petitioner  is  the  head  of  a 
family  residing  in  the  district.  Said  election  shall  be  held 
separately  and  simultaneously  at  the  public  schoolhouse 
in  each  of  the  districts  petitioning,  and  shall  be  called  by 
posting  notices  thereof  in  three  of  the  most  public  places 
in  each  district,  one  of  which  places  shall  be  the  public 
schoolhouse  in  each  district,  at  least  ten  days  before  said 
election.  Said  election  shall  be  conducted  by  the  officers 
appointed  for  that  purpose,  in  the  manner  provided  by 
law  for  conducting  school  elections.  The  ballots  at  such 
election  in  each  district  shall  contain  the  words  "For  the 
union  high  school,"  and  the  voter  shall  write  or  print  after  • 
said  words  on  his  ballot  the  word  "Yes,"  or  the  word  "No." 
It  shall  be  the  duty  of  the. said  election  officers  in  each 
district  to  canvass  the  vote  at  said  election,  and  report 
the  result  to  the  county  superintendent  of  schools  within 
five  days  subsequent  to  the  holding  of  said  election. 

Within  ten  days  after  receiving  the  returns  of  said  elec- 
tion, the  superintendent  of  schools  shall  combine  the  votes 
"for"  and  "against"  the  establishment  of  the  high  school 
district  and  declare  such  result  by  filing  a  certificate  there- 
of with  the  county  clerk  of  the  county,  which  certificate 
shall  show  the  total  number  of  votes  cast  in  each  district 
in  which  said  election  is  held,  in  favor  of  the  high 
school,  the  total  number  of  votes  in  each  district  against 
the  high  school,  and  the  aggregate  result  of  said  election. 


353  PUBLIC    SCHOOLS.  S  1870 

It  shall  also  be  his  duty  to  record,  in  a  book  kept  by  him 
for  that  purpose,  the  facts  set  forth  in  the  certificate  here- 
in mentioned. 

Fifth — If  a  majority  of  the  votes  cast  in  the  election 
provided  for  in  subdivision  three  of  this  section  in  said 
city,  incorporated  town,  or  school  district,  shall  be  in 
favor  of  establishing  and  maintaining  a  high  school  there- 
in, it  shall  be  the  duty  of  the  county  superintendent  to 
call  a  meeting  of  the  board  of  education  or  board  of  school 
trustees  of  said  city,  incorporated  town,  or  school  dis- 
trict, within  fifteen  days  after  receiving  the  returns  of  the 
election  held  therein,  by  giving  at  least  ten  days'  notice, 
in  writing,  to  every  member  of  said  board  of  education 
or  board  of  school  trustees.  The  board  of  education  or 
board  of  school  trustees  shall,  at  said  meeting,  determine 
the  location  and  the  name  of  the  high  school. 

Sixth — If  a  majority  of  the  votes  cast  in  the  districts 
petitioning  for  a  union  high  school  shall  in  the  aggre- 
gate be  in  favor  of  establishing  and  maintaining  a  union 
high  school  therein,  the  county  superintendent  shall,  with- 
in fifteen  days  after  receiving  the  returns  of  the  election 
held  therein,  direct  the  board  of  school  trustees  in  each 
of  said  districts  to  call  a  meeting  of  the  qualified  electors 
of  their  respective  districts,  in  the  manner  provided  In 
subdivision  twenty  of  section  sixteen  hundred  and  seven- 
teen of  the  Political  Code.  At  said  meeting  the  qualified 
electors  shall  in  each  district  select  one  representative, 
whose  powers  and  duties  shall  be  as  hereinafter  specified. 
The  representatives  so  chosen  shall  name  the  school;  they 
shall  thereafter  notify  the  county  superintendent  of  schools 
that  they  desire  to  meet  to  locate  the  school.  The  rep- 
resentatives so  chosen  shall  meet  in  conjunction  with 
the  county  superintendent  of  schools,  at  a  time  and 
place  to  be  named  by  the  superintenc'ent,  for  the  purpose 
of  determining  the  location  of  the  union  high  school. 
At  such  meeting  the  superintendent  shall  be  the  chair- 
man, and  shall  be  entitled  to  vote  and  participate  in  all 
its  proceedings.  Should  the  above  representatives  fail  to 
unanimously  agree  upon  a  location  for  the  high  school, 
they  shall  propose,  in  writing,  to  the  county  superintendent 
tLen  present,  or  if  he  is  not  present,  they  shall  transmit 
to  his  office  within  ten  days  the  names  of  the  locations 
which  they  favor.  "Within  twenty  days  after  receiving  such 
notice,  the  superintendent  shall  call  an  election  as  pro- 
vided in  subdivision  fourth  hereof,  to  determine  the  loca- 

Pol.  Code— 23 


§  1670  PUBLIC    SCHOOLS,  964 

tion  of  the  high  school.  At  such  election  only  such  sites 
as  have  been  named  by  the  representatives  and  certified 
to  the  county  superintendent  shall  be  voted  upon.  Any 
form  of  ballot  by  which  the  voter  signifies  his  choice  of 
location  shall  be  allowed.  The  result  of  said  election 
shall  be  determined  and  certified  to  the  county  super- 
intendent, as  provided  in  said  subdivision  fourth.  The 
location  which  receives  the  largest  number  of  votes  shall 
be  chosen  as  the  location  of  the  high  school.  The  rep- 
resentatives shall  have  power  to  make  arrangements  for 
the  temporary  location  of  the  high  school,  and  if  satis- 
factory apartments  or  buildings  in  a  suitable  location 
are  offered  or  can  be  procured  for  a  consideration  or  at 
a  rental  which  would  make  it  advisable  to  accept  the  same, 
they  shall  have  the  power  to  secure  or  lease  such  apart- 
ments or  building  for  a  period  not  to  exceed  three  years 
from  the  date  of  its  acceptance.  No  change  of  location 
of  any  high  school,  when  once  established,  shall  be  made 
except  upon  a  petition  to  the  county  superintendent  of 
schools,  signed  by  two  thirds  of  the  heads  of  families 
of  the  high  school  district,  and  then  only  in  accordance 
with  all  of  the  provisions  for  the  original  location  of  the 
school,  as  contained  in  subdivisions  four  and  five  of  this 
section. 

Seventh — In  any  city,  incorporated  town,  or  school  dis- 
trict, which  shall  have  established  a  high  School,  the  board 
of  education  or  board  of  school  trustees  shall  constitute 
the  high  school  board,  and  shall  have  the  management 
and  control  of  said  high  school. 

Eighth — In  union  high  school  districts  composed  of 
more  than  two  school  districts,  the  high  school  board 
shall  be  composed  of  one  member  elected  from  each  dis- 
trict composing  the  high  school  district,  at  the  time  and 
in  the  manner  prescribed  for  the  election  of  school  trus- 
tees, except  as  otherwise  provided  in  this  act.  The  super- 
intendent (or  superintendents  by  concurrent  action  In 
joint  high  school  districts)  shall,  in  union  high  school 
districts  composed  of  three  or  more  school  districts,  divide 
the  districts  composing  the  union  high  school  district 
into  three  classes,  as  nearly  equal  in  number  of  school 
districts  as  possible,  to  be  designated  by  him  as  class 
A,  B,  and  C,  respectively.  At  the  first  annual  school 
election  following  the  passage  of  this  act,  the  districts  In 
class  A,  as  above  divided  and  designated,  shall  each  elect 
a  high  school  trustee  for  one  year;  the  districts  in  class  B 
shall  each  elect  a  high  school  trustee  for  two  years;  the  dis- 


355  PUBLIC    SCHOOLS.  §  1670 

tricts  in  class  C  shall  each  elect  a  high  school  trustee  for 
three  years.  At  each  annual  election  thereafter,  as  terms 
of  office  expire,  the  high  school  trustees  shall  be  elected 
for  three  years,  and  in  case  of  expiration  of  term  of  ap- 
pointment, for  the  unexpired  term.  Vacancies  in  the 
high  school  board  shall  be  filled  by  appointment  by  the 
county  superintendent  of  schools  (and  in  case  of  joint 
union  high  school  districts,  by  appointment  of  the  county 
superintendent  of  the  county  in  which  the  vacancy  oc- 
curred), the  appointee  or  appointees  to  hold  until  the  first 
day  of  July  succeeding  the  appointment.  The  trustees 
serving  on  union  high  school  boards,  composed  of  more 
than  two  school  districts  at  the  time  of  the  approval  of 
this  section  as  hereby  amended,  shall  hold  until  their  suc- 
cessors are  elected  and  shall  qualify  under  the  provisions 
hereof;  in  the  formation  of  new  union  or  joint  union  high 
school  districts,  the  representatives  selected  according  to 
the  provisions  of  subdivision  sixth  of  this  section  shall 
constitute  the  union  or  joint  union  high  school  board  until 
the  election  or  appointment  and  qualification  of  the  regular 
board  as  herein  provided.  In  union  high  school  districts 
consisting  of  but  two  school  districts,  the  union  high 
school  board  shall  be  composed  of  the  boards  of  school 
trustees  of  both  said  districts. 

Ninth — The  union  high  school  board  shall  meet  within 
ten  days  subsequent  to  the  locating  and  naming  of  the 
union  high  school  by  the  parties  selected  for  that  purpose, 
and  shall  organize  by  electing  a  president  and  a  clerk 
from  their  own  number,  to  serve  until  the  second  Saturday 
of  July  next  succeeding  their  election;  and  thereafter  the 
board  shall  meet  and  organize  in  the  same  manner  on 
the  second  Saturday  of  July  of  each  and  every  year. 

Tenth — The  high  school  boards  shall  hold  regular 
monthly  meetings  at  the  high  school  building  at  such 
time  as  may  be  provided  in  the  rules  and  regulations 
adopted  by  them  for  their  own  government.  Special  meet- 
ings may  be  held  at  the  call  of  the  president  of  the  re- 
spective boards.  Upon  the  request,  in  writing,  signed 
by  the  majority  of  any  board,  the  president  of  said  board 
shall  call  a  meeting  thereof.  Of  all  special  meetings 
of  any  board  the  members  thereof  shall  have  at  least  two 
days'  notice,  issued  and  served  by  the  clerk  thereof.  At 
special  meetings  no  business  shall  be  transacted  other 
than  as  specified  in  the  call  therefor;  provided,  that  in 
union  high  school  districts  composed  of  more  than  two 
districts  the  regular  meetings  as  above  provided  shall 
be  quarterly;    and  provided  further,  that  the  union  high 


§  1670  PUBLIC    SCHOOLS.  868 

school  board  in  said  union  high  school  districts  may  ap- 
point an  executive  committee,  consisting  of  the  president 
and  secretary  and  one  other  member  of  the  board,  no 
two  of  whom  shall  be  from  the  same  school  district,  to 
attend  to  the  routine  business  of  the  board,  their  action  to 
be  reported  to  the  board  for  ratification  at  its  first  regular 
meeting  ensuing. 

Eleventh — The  powers  and  duties  of  high  school  boards 
shall  be  such  as  are  now  or  may  hereafter  be  assigned 
by  law  to  boards  of  education  or  boards  of  school  trustees. 
In  any  city  incorporated  town,  school  district  or  union 
high  school  district,  which  shall  have  voted  to  establish 
and  maintain  a  high  school,  or  which  is  now  maintaining 
a  high  school,  the  high  school  board  of  such  high  school 
district  may,  when  in  its  judgment  it  is  advisable,  and 
must  upon  a  petition  of  a  majority  of  the  heads  of  families 
residing  in  such  high  school  district,  call  an  election  and 
submit  to  the  electors  of  the  high  school  district  whether 
the  bonds  of  such  high  school  district  shall  be  issued 
and  sold  for  the  purpose  of  raising  money  for  purchasing 
high  school  lots  for  building,  or  purchasing  one  or  more 
high  school  buildings,  for  repairing,  restoring  or  rebuild- 
ing any  high  school  building  damaged,  injured  or  destroyed 
by  conflagration  or  other  public  calamity,  for  insuring  the 
same,  for  supplying  the  same  with  furniture  and  necessary 
apparatus,  for  improving  the  grounds,  or  for  any  or  all  of 
said  purposes,  for  liquidating  any  indebtedness  already  in- 
curred, for  said  purpose,  and  for  refunding  any  outstanding 
valid  indebtedness,  evidenced  by  bonds  or  the  warrants 
thereof.  Such  election  must  be  called  by  posting  notices 
signed  by  the  high  school  board,  in  three  of  the  most  public 
places  in  the  high  school  district,  for  not  less  than  twenty 
days  before  the  election;  and  if  there  is  a  newspaper  pub- 
lished in  the  county  in  which  said  district  was  organized,  by 
publishing  such  notice  therein  not  less  than  once  a  week 
for  three  successive  weeks.  Such  notice  must  contain: 
(1)  the  time  and  place  of  holding  such  election,  (2)  the 
names  of  the  inspector  and  judges  to  conduct  the  same, 
(3)  the  hours  during  the  day  in  which  the  polls  will  be 
open,  (4)  the  amount  and  denomination  of  the  bonds, 
the  rate  of  interest,  and  the  number  of  years,  not  exceed- 
ing twenty,  the  whole  or  any  part  of  said  bonds  are  to 
run.  ^Snch  election  shall  be  conducted  in  conformity  with 
the  provisions  of  sections  one  thousand  five  hundred  and 
ninety-six,  one  thousand  five  hundred  and  ninety-seven, 
one  thousand  five  hundred  and  ninety-eight,  one  thousand 


357  PUBLIC    SCHOOLS.  8  IS'*" 

five  hundred  and  ninety-nine,  one  thousand  six  hundred, 
one  thousand  six  hundred  and  one,  and  one  thousand 
eight  hundred  and  thirty-four  of  this  code,  except  that 
the  vr'ords  to  appear  upon  the  ballots  shall  be  "High  school 
bonds — yes,"  or  "High  school  bonds — no."  On  the  seventh 
day  after  said  election  at  one  o'clock  P.  M.,  the  returns 
having  been  made  to  the  high  school  board  of  such  high 
school  district,  such  high  school  board  must  meet  and 
canvass  said  returns,  and  if  it  appears  that  two-thirds  of 
the  votes  cast  at  said  election  were  cast  in  favor  of  issu- 
ing such  bonds,  then  such  high  school  board  shall  cause 
an  entry  of  that  fact  to  be  made  upon  its  minutes,  and 
shall  certify  to  the  board  of  supervisors  of  the  county  in 
which  such  district  was  organized  all  of  the  proceedings 
had  in  the  premises,  and  thereupon  said  board  of  super- 
visors shall  be  and  it  is  hereby  authorized  and  directed 
to  issue  the  bonds  of  such  high  school  district,  to  the 
number  and  amount  provided  in  such  pi^oceedings,  payable 
out  of  the  building  fund  of  such  high  school  district,  nam- 
ing the  same,  and  that  the  money  shall  be  raised  by  taxes 
upon  the  taxable  property  in  said  high  school  district  for 
the  redemption  of  said  bonds  and  the  payment  of  the  inter- 
est thereon;  provided,  that  the  total  amount  of  bonds  so  is- 
sued shall  not  exceed  five  per  cent  of  the  taxable  property  of 
the  high  school  district  as  shown  by  the  last  equalized  as- 
sessment of  the  county  or  counties  in  which  such  district  is 
located.  The  board  of  supervisors  by  an  order  entered 
upon  its  minutes  shall  prescribe  the  form  of  said  bonds 
and  of  the  interest  coupons  attached  thereto,  and  must  fix 
the  time  when  the  whole  or  any  part  of  the  principal  of 
said  bonds  shall  be  payable,  which  shall  be  not  more  than 
twenty  years  from  the  date  thereof.  Said  bonds  must 
not  bear  a  greater  amount  of  interest  than  eight  per  cent, 
said  interest  to  be  payable  annually  or  semi-annually,  and 
said  bonds  must  be  sold  in  the  manner  prescribed  by  the 
board  of  supervisors,  but  for  not  less  than  par,  and  the 
proceeds  of  the  sale  thereof  must  be  deposited  in  the 
county  treasury  to  the  credit  of  the  building  fund  of 
the  said  high  school  district,  and  be  drawn  out  for  the 
purposes  aforesaid  as  other  school  moneys  are  drawn  out. 
The  board  of  supervisors  of  the  county  in  which  such 
high  school  district  was  organized,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax 
for  that  year  upon  the  taxable  property  in  such  high  school 
district  for  the  interest  and  redemption  of  said  bonds, 
and  said  tax  must  not  be  less  than  sufficient  to  pay  the 


§  1670  PUBLIC    SCHOOLS.  358 

interest  of  said  bonds  for  that  year,  and  such  portion  of 
the  principal  as  is  to  become  due  during  such  year  and 
in  any  event  must  be  high  enough  to  raise,  annually,  for 
tho  first  half  of  the  term  said  bonds  have  to  run,  a  suffi- 
cient sum  to  pay  the  interest  thereon;  and  during  the 
balance  of  the  term  high  enough  ^^o  pay  such  annual  inter- 
est, and  to  pay,  annually,  a  proportion  of  the  principal 
of  said  bonds,  equal  to  the  sum  produced  by  taking  the 
whole  amount  of  said  bonds  outstanding  and  dividing 
it  by  the  number  of  years  said  bonds  then  have  to  run; 
and  all  taxes  so  levied,  when  collected,  shall  be  paid  into 
the  county  treasury  of  the  county  in  which  such  district 
was  organized,  to  the  credit  of  the  building  fund  of  such 
high  school  district,  and  be  used  for  the  payment  of  the 
principal  and  interest  on  said  bonds  and  for  no  other  pur- 
pose. The  principal  and  interest  on  said  bonds  shall  be 
paid  by  the  county  treasurer  upon  the  warrant  of  the 
auditor  out  of  the  fund  provided  therefor;  and  it  shall 
be  the  duty  of  the  auditor  to  cancel  and  file  with  the 
treasurer  of  the  county  in  which  such  district  was  or- 
ganized the  bonds  and  coupons  as  rapidly  as  they  are 
paid.  That  part  of  any  high  school  district  which  has 
been  admitted  to  said  high  school  district  from  another 
county,  under  the  provisions  of  this  section,  shall  ba 
deemed  a  part  of  the  county  wherein  such  high  school  dis- 
trict was  organized,  for  all  purposes  connected  with  the 
issuance  of  the  bonds  of  said  high  school  district,  includ- 
in  •  the  levying  and  collecting  of  taxes  for  the  payment 
of  the  principal  anrl  interest  of  said  bonds.  If  the  board 
of  supervisors  of  any  county  which  has  issued  bonds 
under  the  provisions  of  this  act  shall  fail  to  make  the 
levy  necessary  to  pay  such  bonds  or  interest  coupons  at 
maturity,  and  the  same  shall  have  been  presented  to  the 
county  treasurer,  and  the  payment  thereof  refused,  the 
owner  may  file  the  bond,  together  with  all  unpaid  coupons, 
with  the  state  controller,  taking  his  receipt  therefor,  and 
the  same  shall  be  registered  in  the  state  controller's 
office,  and  the  state  board  of  equalization  shall  at  Its  next 
session,  and  at  each  annual  equalization  thereafter,  add 
to  the  state  tax  to  be  levied  in  said  high  school  dis- 
trict a  sufficient  rate  to  realize  the  amount  of  principal 
or  interest  due  prior  to  the  next  levy,  and  the  same  shall 
be  levied  and  collected  as  a  part  of  the  estate  tax  and 
paid  into  the  state  treasury  and  placed  to  the  special 
credit  of  such  high  school  district  bond  tax,  and  shall  be 
paid  by  warrants,  as  the  payments  mature,  to  the  holders 


359  PUBLIC    SCHOOLS.  S  W^O 

of  such  registered  obligations  as  shown  by  the  register 
in  the  ofllce  of  the  state  controller  until  the  same  shall  be 
fully  satisfied  and  discharged;  any  balance  then  remaining 
being  passed  to  the  general  account  and  credit  of  said 
high  school  district.  "Whenever  any  bonds  issued  under 
the  provisions  of  this  title  shall  remain  unsold  for  the 
period  of  six  months  after  having  been  offered  for  sale 
in  the  manner  prescribed  by  the  board  of  supervisors,  the 
high  school  board  of  the  high  school  district,  for  and 
on  account  of  which  such  bohds  were  issued,  may  petition 
the  board  of  supervisors  of  the  county  in  which  such  high 
school  district  was  organized  to  cause  such  unsold  bonds 
to  be  withdrawn  from  the  market  and  canceled.  Upon 
receiving  such  petition,  signed  by  a  majority  of  the  mem- 
bers of  said  high  school  board,  the  said  board  of  super- 
visors shall  fix  a  time  for  hearing  the  same,  which  shall 
not  be  more  than  thirty  days  thereafter,  and  shall  cause 
a  notice,  stating  the  time  and  place  of  hearing,  and  the 
object  of  the  petition  in  general  terms,  to  be  published 
for  ten  days  prior  to  the  day  of  hearing,  in  some  news- 
paper published  in  said  high  school  district,  if  there  is 
one,  and  if  there  is  no  newspaper  published  in  said  high 
school  district,  then  in  a  newspaper  published  at  the  coun- 
ty seat  of  the  county  in  which  such  high  school  district 
was  organized.  At  the  time  and  place  designated  in  the 
notice  for  hearing  said  petition,  or  at  any  subsequent 
time  to  which  said  hearing  may  be  postponed,  the  board 
of  supervisors  of  the  county  in  which  such  high  school 
district  was  organized  shall  hear  any  reasons  that  may 
be  submitted  for  or  against  the  granting  of  the  petition, 
and  if  said  board  shall  deem  it  for  the  best  interests  of  the 
high  school  district  named  in  the  petition,  that  such  un- 
sold bonds  be  canceled,  said  board  shall  make  and  enter 
an  order  in  the  minutes  of  its  proceedings  that  said  un- 
sold bonds  be  canceled;  and  thereupon  said  bonds  and 
the  vote'  by  which  they  were  authorized  to  be  issued  shall 
cease  to  be  of  any  validity  whatever. 

Twelfth — The  course  of  study  for  the  respective  high 
schools  shall  be  prepared  by  the  high  school  board,  and, 
except  in  cities  and  incorporated  towns,  shall  be  subject 
to  the  approval  of  the  county  board  of  education.  Said 
course  of  study  shall  embrace  a  period  of  not  less  than 
three  years;  and  it  shall  be  such  as  will  prepare  graduates 
therein  for  admission  into  the  state  university.  The  high 
school  board  may  prescribe  an  additional  course  or  addi- 


§  1670  PUBLIC    SCHOOLS.  MO 

tional  courses  of  study,  subject  to  the  approval  as  here- 
inbefore provided.  The  text-books  to  be  used  in  all  high 
schools  shall  be  uniform  throughout  the  state,  and  shall 
be  adopted  by  the  high  school  boards,  subject  to  the  same 
restrictions  provided  for  the  adoption  of  the  course  of 
■study,  from  a  list  of  books  prepared  and  recommended  by 
the  state  board  of  education.  The  state  series  shall 
be  used  in  grades  and  classes  for  which  they  may  be 
adapted. 

Thirteenth — Graduates  of  the  grammar  schools  shall  be 
admitted  to  the  high  schools  without  examination.  Other 
applicants  of  the  high  school  district  may  be  admitted 
in  accordance  with  such  rules  as  may  be  prescribed  by  the 
high  school  board;  provided,  that  no  applicant  shall  be 
admitted  to  the  high  school  who  has  not  practically  com- 
pleted the  work  of  the  grammar  grades  of  the  county  in 
which  the  high  school  is  located;  provided,  that  in  high 
schools  where  the  course  of  study  embraces  a  period  of 
four  years,  pupils  who  have  completed  the  course  of  study 
prescribed  for  the  seventh  grade  may,  upon  passing  a 
satisfactory  examination,  be  admitted.  Proficiency  is  to 
be  determined  by  the  principal,  subject  to  approval  by 
the  county  board  of  education.  The  high  school  board 
may  admit  pupils  not  residing  in  any  high  school  district 
upon  the  payment  of  such  tuition  fees  as  they  may  deem 
proper,  and  all  moneys  collected  from  this  source  shall 
be  paid  into  the  fund  provided  for  the  support  of  the  high 
school. 

Fourteenth — ^In  any  city,  incorporated  town,  school  dis- 
trict or  union  high  school  district,  which  is  now  main- 
taining a  high  school,  or  which  shall  have  voted  to  estab- 
lish and  maintain  a  high  school,  it  shall  be  the  duty  of  the 
high  school  board  therein  to  furnish  to  the  authorities 
whose  duty  it  is  to  levy  taxes,  on  or  before  the  first  day 
of  September,  an  estimate  of  the  cost  of  purchasing  a 
suitable  lot,  of  .procuring  plans  and  specifications,  and 
erecting  a  suitable  building,  of  furnishing  the  same,  and 
of  fencing  and  ornamenting  the  grounds,  for  the  accommo- 
dation of  the  school,  and  of  conducting  the  school  for  the 
school  year,  unless  such  high  school  board  have  secured 
or  leased  temporary  accommodations  or  apartments  for 
the  use  of  such  high  school,  as  provided  in  subdivision 
sixth  hereof.  If  such  high  school  board  have  secured  or 
leased  such  temporary  quarters,  accommodations,  or  build- 
ings, they  shall  furnish  to  such  authorities  an  estimate  of 


361  PUBLIC    SCHOOLS.  9  WW 

the  amount  of  money  required  to  establish,  operate,  and 
maintain  such  school  in  such  temporary  quarters  or  loca- 
tion for  the  ensuing  school  year.  On  the  first  day  of  Sep- 
tember before  the  time  when  it  will  become  necessary,  by 
reason  of  the  termination  of  their  lease  or  agreement,  or 
from  any  other  reason,  they  shall  make  arrangements  for 
another  lease  for  a  further  period  not  to  exceed  three 
yjars,  or  they  shall  furnish  to  the  authorities  whose  duty 
it  is  to  levy  taxes  an  estimate  of  the  cost  of  pTirchasing 
a  suitable  lot,  of  procuring  plans  and  specifications,  and 
erecting  a  suitable  building,  of  furnishing  the  same,  and  of 
fencing  and  ornamenting  the  grounds,  for  the  accommoda- 
tion of  the  school,  and  of  conducting  the  school  for  the 
school  year.  It  shall  be  the  duty  of  said  board,  each  and 
every  year  thereafter,  to  present  to  said  authorities,  on 
or  before  the  first  day  of  September,  an  estimate  of  the 
amount  of  money  required  for  conducting  the  school  for 
the  school  year;  provided,  however,  that  the  high  school 
board  therein,  may,  when  in  its  judgment  it  is  deemed  ad- 
visable, and  must  upon  the  petition  of  the  majority  of  the 
heads  of  families  residing  in  said  high  school  district, 
call  an  election  and  submit  to  the  electors  of  said  high 
school  district  whether  the  bonds  of  said  high  school 
district  shall  be  issued  and  sold  for  the  purposes  men- 
tioned in  subdivision  eleven  of  this  section,  and  in  case 
said  election  is  determined  in  favor  of  the  Issuance  of  said 
bonds,  the  same  shall  be  issued  as  provided  In  subdivision 
eleven  of  this  section  for  any  or  all  of  the  purposes  men- 
tioned therein. 

Fifteenth — ^When  such  estimate  shall  have  been  made 
and  submitted  it  shall  be  the  duty  of  the  authorities  whose 
duty  it  is  to  levy  taxes  in  said  city,  incorporated  town, 
school  district,  or  tmion  high  school  district,  to  levy  a 
special  tax  upon  all  of  the  taxable  property  of  said  city, 
incorporated  town,  school  district,  or  union  high  school 
district,  sufficient  in  amount  to  maintain  the  high  school, 
or  to  purchase  the  site,  erect  the  building,  or  improve  the 
building  or  grounds.  Said  tax  shall  be  computed,  entered 
upon  the  tax  roll,  and  collected,  in  the  same  manner  as 
other  taxes  are  computed,  entered,  and  collected. 

Sixteenth — Should  the  high  school  board  of  any  city, 
incorporated  town,  school  district,  or  union  high  school 
district,  fail  to  make  the  estimate  provided  for  in  sub- 
division fourteen  of  this  section,  it  shall  be  the  duty  of 


§  1670  PUBLIC    SCH0O1.B.  i«> 

the  superintendent  of  schools,   upon  the  petition  of  Ave 
qualified  electors  thereof,  to  make  such  estimate. 

Seventeenth — ^^Should  the  authorities  whose  duty  It  is  to 
levy  the  tax,  as  provided  in  subdivision  fifteen  of  this 
section,  fail  to  make  the  levy  provided  for,  it  shall  be  the 
duty  of  the  county  auditor  to  make  such  levy,  and  add  it 
to  the  tax  roll  of  said  city,  incorporated  town,  school  dis- 
trict, or  union  high  school  district. 

Eighteenth — All  moneys  collected  from  the  levy  of  the 
tax  provided  for  by  this  section  shall  be  paid,  in  cities 
and  incorporated  towns,  into  the  treasury  thereof,  to  the 
credit  of  the  high  school  fund;  and  said  moneys  shall  be 
paid  out  by  the  treasurers  of  said  cities  or  towns  upon 
the  warrants  of  the  high  school  board,  signed  by  the  presi- 
dent and  clerk  thereof. 

Nineteenth — All  moneys  collected  from  said  levy  in 
school  districts,  or  union  high  school  districts,  shall  be 
paid  into  the  county  treasury  to  the  credit  of  the  district 
high  school  fund,  or  the  union  high  school  fund,  respec- 
tively, and  shall  be  paid  out  on  the  order  of  the  high 
•school  board,  signed  by  the  president  and  clerk  thereof, 
as  other  school  moneys  are  paid  out. 

Twentieth — Nothing  in  this  section  shall  be  construed  as 
preventing  all  of  the  school  districts  in  any  county  from 
uniting  to  form  one  or  more  county  high  schools;  provided, 
that  when  any  city,  incorporated  town,^ school  district,  or 
union  high  school  district  shall  vote  to  maintain  a  high 
school,  such  territory  shall  be  exempt  from  taxation  to 
support  a  county  high  school;  and  provided  further,  that 
when  any  city,  incorporated  town,  school  district,  or 
union  high  school  district  shall  establish  a  high  school 
prior  to  the  submission  of  the  proposition  to  establish  a 
county  high  school,  the  electors  of  such  city.  Incorporated 
town,  school  district,  or  union  high  school  district  shall 
be  excluded  from  voting  upon  said  proposition;  provided 
further,  that  in  counties  where  one  or  more  city  high 
schools',  district  high  schools,  or  union  district  high 
schools  are  maintained,  the  board  of  supervisors  shall, 
upon  the  petition  of  two  thirds  of  the  heads  of  families 
in  the  city  high  school  district,  district  high  school  dis- 
trict, and  in  each  school  district  composing  the  union  high 
school  district  or  districts,  if  there  be  more  than  one  In 
the  county,  submit  to  all  the  qualified  electors  of  the  county 
the   question  of  establishing  and   maintaining    a    county 


863  PUBLIC    SCHOOLS.  §  1670 

high  school,  and  shall  take  such  further  steps  as  provided 
in  section  sixteen  hundred  and  seventy-one  of  this  act, 
relating  to  high  schools.  If  the  majority  of  all  the  votes 
cast  on  the  proposition  to  establish  a  county  high  school 
are  in  the  affirmative  the  board  of  supervisors  shall,  upon 
the  establishment  of  the  same,  declare  the  high  school 
or  high  schools  existing  in  the  county  at  the  time  of  the 
election  for  a  county  high  school,  to  be  lapsed,  and  the 
property  of  such  lapsed  high  school  or  schools  shall  be 
held  or  sold  by  the  board  of  supervisors  for  the  benefit 
of  the  county  high  school. 

Twenty-first — A  school  district  cannot  lie  partly  within 
a  high  school  district,  or  a  union  or  a  joint  union  high 
school  district,  and  partly  without;  and  in  all  cases  where 
the  boundaries  of  a  school  district  comprised  within  any 
such  high  school  district  shall  for  any  cause  be  changed 
to  include  territory  not  previously  in  such  district,  the 
territory  acquired  or  added  to  such  included  district  shall 
become  and  constitute  a  part  of  the  high  school  or  union 
or  joint  union  high  school  district.  Where  the  boundaries 
of  the  districts  constituting  the  union  or  joint  union  dis- 
trict are  so  changed  as  to  increase  the  number  of  districts 
within  its  territory,  the  new  school  district  or  districts  so 
created  shall  continue  to  be  part  of  the  high  school  dis- 
trict, and  after  the  first  day  of  July  next  succeeding  its 
creation,  it  shall  be  entitled  to  representation  upon  the 
high  school  board. 

Twenty-second — Any  school  district  adjacent  to  a  high 
school,  union,  or  joint  union  high  school  district  in  the 
same  or  in  an  adjoining  county,  may  be  admitted  to  said 
high  school  district  by  action  of  the  board  of  supervisors 
of  the  county  in  which  the  school  district  is  located,  upon 
such  terms  as  may  be  agreed  upon  between  the  trustees 
of  the  school  district  seeking  admission  and  the  high 
school  board,  whenever  a  majority  of  the  heads  of  families, 
as  shown  by  the  last  preceding  ochool  census,  shall  pre- 
sent to  said  board  of  supervisors  a  petition  for  such  an- 
nexation, accompanied  by  a  petition  signed  by  a  majority 
of  the  members  composing  the  high  school  board  of  the 
district  to  which  admission  is  desired.  Any  district  con- 
tained in  a  union  or  joint  union  high  school  district  may. 
in  like  manner,  withdraw  from  such  union  or  joint 
union  district  by  action  of  the  board  of  supervisors  of  the 
county  in  which  the  district  is  located,  upon  such  terms 
as  may  be  agreed  upon  between  the  trustees  of  the  school 


§  1670  PUBLIC    SCHOOLS.  »4 

district  seeking  to  withdraw  and  the  high  school  board, 
whenever  a  majority  of  the  heads  of  families  constituting 
the  union  or  joint  union  high  school  district,  and  two 
thirds  of  the  heads  of  families  residing  in  the  district 
seeking  to  withdraw,  according  to  the  number  of  heads  of 
families  shown  by  the  last  preceding  school  census,  shall 
present  to  such  board  of  supervisors  a  petition  consenting 
to  such  withdrawal,  accompanied  by  a  like  petition  signed 
by  a  majority  of  the  members  composing  the  high  school 
board.  All  the  provisions  relative  to  the  levy  and  collec- 
tion of  the  tax  necessary  to  maintain  a  union  high  school 
district,  shall  apply  to  the  levy  and  collection  of  the  tax 
required  for  a  joint  union  school  district,  as  in  this  section 
provided. 

Twenty-third — When  the  average  daily  attendance  of  pu- 
pils in  any  high  school  during  the  whole  of  any  school 
year  after  the  first  school  year  shall  be  ten,  or  less  than 
ten,  the  superintendent  of  schools  shall  suspend  the  school 
in  said  district,  and  shall  report  the  fact  to  the  board 
of  supervisors.  Upon  receiving  such  report  from  the  super- 
intendent, the  board  of  supervisors  shall  declare  the  high 
school  lapsed,  and  shall  cause  the  property  thereof  to  be 
sold.  All  moneys  received  from  the  sale  of  the  property 
of  the  high  school  district,  and  all  money  in  the  treasury 
to  the  credit  of  said  high  school,  shall  be  distributed  by 
the  county  superintendent  to  the  districts  composing  the 
high  school  district,  in  proportion  to  the  assessed  valua- 
tion of  property  in  said  disti'icts. 

Twenty-fourth — Any  high  school  district  that  has  existed 
three  years  or  more,  whether  embracing  one  or  more  school 
districts,  union  or  joint  union,  now  organized  and  existing, 
or  which  may  hereafter  be  established,  may  disincorporate 
and  be  dissolved  and  disestablished  in  the  following  man- 
ner: A  petition  signed  by  two  thirds  of  the  heads  of 
families,  as  shown  by  the.  last  preceding  school  census, 
of  the  high  school  district  so  petitioning,  shall  be  pre- 
sented to  the  county  superintendent  of  public  schools, 
which  petition  shall  set  forth  briefly  the  reasons  for  dis- 
incorporation,  and  shall  pray  that  the  question  may  be 
submitted  to  the  voters  in  said  district.  Upon  receiving 
such  petition  the  superintendent  shall  call  an  election 
in  the  city  or  district,  and  in  each  school  district  of  any 
union  high  school  district  so  petitioning,  and  shall  sub- 
mit to  the  voters  therein  the  question  of  disincorporatiou 
of  such   high   school   district.     In  joint  union  high   school 


365  PUBLIC    SCHOOLS.  S  l^^O 

districts  the  petition  shall  be  presented  to  the  superintend- 
ent of  each  county  having  territory  within  the  petitioning 
district,  and  each  superintendent  so  petitioned  shall, 
within  fifteen  days  after  receiving  such  petition,  order 
an  election  in  the  district  or  districts  situate  within  his 
own  county  and  forming  a  part  of  the  joint  union  high 
school  district  petitioning.  At  the  time  of  calling  such 
election,  which  in  union  and  joint  union  districts  must  be 
held  in  all  the  school  districts  composing  them  upon  the 
same  day,  the  superintendent  or  superintendents  must  ap- 
point three  electors  in  each  school  district  contained  with- 
in the  high  school  district  petitioning  to  conduct  the  elec- 
tion. Notice  of  election  shall  be  given  by  posting  written  or 
printed  notice  thereof  in  at  least  three  of  the  most  public 
places  in  the  high  school  district  in  which  the  election  i.s 
called,  for  at  least  twelve  days  next  before  the  day  set 
for  such  election.  In  unic-n  and  joint  union  districts  the 
said  notice  shall  be  given  in  each  school  district  therein. 
Said  election  shall  be  conducted  in  the  manner  provided 
by  law  for  conducting  school  elections.  The  ballots  shall 
have  printed  on  them  the  words  "For  disincorporation," 
and  the  voters  shall  write  or  print  thereafter  the  word 
"Yes"  or  the  word  "No."  The  election  officers  shall  report 
the  result  of  such  election  within  five  days  thereafter 
to  the  county  superintendent  of  schools  of  the  counties 
of  which  they  are  residents.  If  a  majority  of  all  the  votes 
cast  at  such  election  be  opposed  to  disincorporation,  no 
further  petition  shall  be  entertained  or  election  ordered 
for  a  similar  purpose  within  three  years  next  following 
such  election.  If  two  thirds  of  all  votes  cast  at  such  elec- 
tion be  in  favor  of  disincorporation,  the  superintendent 
shall,  at  the  end  of  the  existing  school  year,  suspend  said 
high  school  district,  and  report  the  result  of  the  election 
and  the  fact  of  such  suspension  to  the  board  of  super- 
visors; provided,  that  when  a  joint  union  high  school  dis- 
trict is  disincorporated  under  the  provisions  hereof,  each 
of  the  superintendents  of  the  counties  having  territory 
therein  shall  immediately  certify  to  the  others  the  result 
of  the  election  in  bis  own  county,  and  all  of  them  shall 
join  in  the  order  of  suspension;  and  each  superintendent 
shall  thereafter,  and  before  the  end  of  the  existing  school 
year,  report  the  result  of  such  election  and  such  suspension 
to  the  board  of  supervisors  of  his  county.  Upon  receiving 
such  report,  said  boards,  and  each  of  them  shall,  at  the 
first  meeting  thereafter,  make  an  order  declaring  said 
high  school  district  duly  disincorporated  and  disorganized. 


§  1670  PUBLIC    SCHOOLS.  886 

to  take  effect  at  the  end  of  the  existing  school  year.  When 
f-  city,  district,  or  union  high  school  has  disincorporated 
under  the  provisions  of  this  section,  the  property  thereof 
shall  be  sold  and  the  proceeds  of  such  sale,  together 
with  any  moneys  in  the  treasury  to  the  credit  of  such 
disincorporating  high  school  district,  shall  be  disposed  of 
as  in  subdivision  twenty-third  hereof.  When  a  joint  union 
high  school  is  disincorporated  under  this  section  the  board 
of  supervisors  of  the  county  within  which  the  high  school 
Duilding  and  other  property  belonging  to  the  disincorpo- 
rated district  is  situated,  shall  sell  the  same  and  place  the 
proceeds  thereof  to  the  credit  of  the  school  districts  com- 
posing such  disincorporated  district.  Such  division  of 
said  proceeds  shall  be  in  proportion  to  the  value  of 
property  in  the  districts  among  which  division  is  made, 
as  determined  by  the  last  previous  assessment  for  school 
purposes,  and  the  portions  of  said  proceeds  belonging  un- 
der such  division  to  the  districts  in  other  counties  than  the 
one  in  which  the  sale  is  made  shall  be  transferred,  by  the 
board  malting  the  division,  to  the  county  or  counties  within 
which  such  school  districts  are  situated;  but  the  joint 
union  high  school  funds  in  such  counties  collected  by  taxa- 
tion, for  the  maintenance  of  said  joint  union  high  school, 
shall  be  distributed  by  the  supervisors  of  such  counties  to 
the  districts  from  which  they  were  collected. 

Twenty-fifth — When,  in  consequence  of  distance  or  of 
convenience  in  traveling,  it  is  more  convenient  for  pupils 
residing  in  any  high  school  district  to  attend  the  high 
school  in  another  high  school  district,  the  high  school 
board  of  the  latter  district  may  admit  such  pupils  to  the 
high  school  in  their  district  upon  such  terms  as  the  two 
boards  may  arrange. 

Twenty-sixth — (1)  When  a  majority  of  the  heads  of 
families  residing  in  two  or  more  adjacent  districts,  not  in 
the  same  county,  shall  unite  in  a  petition  to  the  county 
superintendent  of  their  respective  counties  for  the  estab- 
lishing and  maintaining  of  a  joint  union  high  school  dis- 
trict, it  shall  be  the  duty  of  said  superintendent,  within 
twenty  days  after  receiving  said  petition,  co  call  an  election 
in  the  district  or  districts  in  his  county  petitioning,  for 
the  purpose  of  determining  the  question,  and  appoint  three 
qualified  electors  in  each  district  petitioning  to  conduct 
the  election  therein.  Said  election  shall  be  called  and  con- 
ducted in  all  respects  as  specified  in  subdivision  fourth  of 
this  section,  and  the  result  thereof  shall  be  reported  by 


367  PUBLIC    SCHOOLS.  9  ^^^ 

the  election  officers  in  each  district  to  the  superintendents 
of  the  counties  in  which  the  districts  are  situated,  within 
five  days  subsequent  to  the  holding  of  said  election. 

(2)  If  a  majority  of  the  votes  cast  in  the  district  shall,  in 
the  aggregate,  be  in  favor  of  establishing  a  joint  union 
high  school,  the  county  superintendent  in  each  county 
shall,  within  fifteen  days  after  receiving  the  returns  of  the 
election,  direct  the  board  of  trustees  in  the  -district,  or 
districts,  in  Lis  respective  county,  to  call  a  meeting  of  the 
qualified  electors,  as  provided  in  subdivision  sixth  of  this 
section.  At  said  meeting  the  qualified  electors  in  each 
district  shall  select  representatives,  as  provided  in  said 
subdivision.  The  representatives  so  chosen  shall  meet  at 
a  time  and  place  to  be  agreed  upon  among  themselves, 
for  the  purpose  of  determining  the  name  of  the  high  school. 
The  location  of  the  school  shall  be  determined  by  the  joint 
action  of  the  representatives  chosen  and  the  county  super- 
intendents of  the  counties,  in  manner  and  form  as  pro- 
vided for  the  location  of  union  high  schools. 

(3)  The  joint  union  nigh  school  board  shall  be  com- 
posed as  provided  in  subdivision  eighth  of  this  section;  and 
their  powers  and  duties  shall  be  such  as  are  specified  in 
this  section  for  union  high  school  boards;  provided,  that 
the  estimate  provided  for  in  subdivision  fourteenth  of  this 
section  shall  be  furnished  to  the  authorities  in  each  of  the 
counties  in  which  the  districts  uniting  are  situated;  and 
provided  further,  that  the  portion  of  the  amount  to  be 
raised  in  each  district  shall  be  in  proportion  to  the  taxable 
property  therein,  as  shown  by  the  last  preceding  assess- 
ment roll  thereof. 

(4)  All  the  provisions  relative  to  the  levy  and  collection 
of  the  tax  necessary  to  maintain  the  high  school  shall 
apply  to  the  levy  and  collection  of  the  tax  for  joint  union 
high  schools;  provided,  that  the  amount  collected  in  each 
district  shall  be  paid  into  the  treasury  of  the  county  in 
which  said  district  is  located,  to  the  credit  of  a  fund 
to  be  known  as  the  joint  union  high  school  fund,  and  shall 
be  paid  out  as  provided  in  subdivision  nineteenth  of  this 
section.  En.  March  12,  1872.  Rep.  1880,  47.  En.  Stats. 
1893,  268.  Am'd.  1895,  289;  1897,  79;  1901,  309;  June  14 
1906. 

Cal.  Rep.  Cit.  82,  591;  118,  116;  118,  118;  118,  119;  118, 
121;  124,  696;  124,  698;  124,  699;  129,  600;  129,  601; 
140,  558;  140,  560;  141,  373;   141,  374;  141,  375;  141, 


§  1671  PUBLIC    SCHOOLS.  (68 

376;  141,  377;  141,  378;  141,  379;  141,  381;  141,  382. 
Subd.  7—141,  372.  Subd.  14—118,  117;  129,  601;  129, 
602;  141,  372.  Subd.  15—129,  601;  129,  602;  141, 
372.     Subd.  18—141,  372. 

§  1671.  Same.  First — There  may  be  established  in  any 
county  in  this  state  one  or  more  county  high  schools;  pro- 
vided, that  at  any  general  or  special  election  held  in  said 
county  after  the  passage  of  this  act,  a  majority  of  all  the 
votes  cast  at  such  election,  upon  the  proposition  to  estab- 
lish a  high  school,  shall  be  in  favor  of  establishing  and 
maintaining  such  county  high  school  or  schools  at  the  ex- 
pense of  said  county. 

Second — The  board  of  supervisors  at  any  general  elec- 
tion to  be  held  in  any  county  after  the  passage  of  this  act, 
upon  the  presentation  of  a  petition  signed  by  fifty  or  more 
qualified  electors,  taxpayers  of  said  county,  must  submit 
the  question  of  establishing  and  maintaining  a  county  high 
school  to  the  qualified  electors  thereof.  The  board  of  su- 
pervisors, if  they  deem  it  expedient,  may  order  a  special 
election  tor  such  purpose.  Said  election  shall  be  con- 
ducted in  the  manner  prescribed  by  law  for  conducting 
elections.  The  ballots  at  such  elections  shall  contain  the 
words,  "For  county  high  school,"  and  the  voter  shall  write 
or  print  thereafter  on  the  ballot  the  word  "yes"  or  the 
word  "no." 

Third — If  the  majority  of  all  the  votes  cast  on  the  prop- 
osition to  establish  a  county  high  school  are  in  the  afiirm- 
ative,  it  shall  be  the  duty  of  the  board  of  supervisors,  with- 
in thirty  days  after  canvassing  said  vote,  to  locate  the 
school  in  some  suitable  and  convenient  place  in  said  coun- 
ty. The  board  of  supervisors  shall  also  estimate  the  cost 
of  purchasing  a  suitable  lot,  erecting  a  building,  and  fur- 
nishing the  same,  for  the  accommodation  of  such  school, 
together  with  the  cost  of  conducting  such  school  for  the 
next  twelve  months;  provided,  that  the  high  school  board 
may  rent  suitable  rooms  for  the  accommodation  of  the 
school.  If  rooms  can  be  obtained  in  public  school  build- 
ings in  the  place  in  which  said  school  shall  be  located,  such 
rooms  shall  be  given  the  preference. 

Fourth — When  such  estimate  shall  have  been  made,  the 
board  of  supervisors  shall  thereupon  proceed  to  levy  a 
special  tax  upon  all  of  the  assessable  property  of  the  coun- 
ty, except  as  provided  in  subdivision  twentieth  of  section 


369  PUBLIC     SCHOOLS.  S  1671 

one  thousand  six  hundred  anJ  seventy  of  the  Political 
Code,  sufficient  to  raise  the  amount  estimated  as  neces- 
sary for  the  purchat^ing  of  a  lot,  procuring  plans  and  speci- 
fications, erecting  a  building,  furnishing  the  same,  fencing 
and  ornamenting  the  grounds,  and  tlie  cost  of  running  said 
school  for  the  following  (12)  months.  Said  tax  shall  be 
computed,  entered  on  the  tax  roll,  and  collected,  in  the 
same  manner  as  other  taxes  are  computed,  entered,  and 
collected;  and  the  amount  so  collected  shall  be  deposited 
in  the  county  treasury,  and  be  known  and  designated  as 
the  county  high  school  fund,  and  shall  be  drawn  from  the 
treasury  as  other  moneys  so  appropriated  are  drawn. 

Fifth — When  the  board  of  supervisors  shall  have  prop- 
erly provided  and  completed  the  building,  together  with 
the  necessary  fencing  of  the  lot  so  purchased,  they  shall 
cause  the  same  to  be  deeded  to  the  county  board  of  educa- 
tion, who  shall  hold  the  same  in  trust  for  the  county. 

Sixth — It  shall  be  the  duty  of  the  county  board  of  edu- 
cation to  furnish  to  the  board  of  supervisors,  annually, 
an  estimate  of  the  amount  of  m-oney  needed  to  pay  all  of 
the  necessary  expenses  of  running  said  school;  to  adopt 
the  necessary  text-books  (the  state  series  shall  be  used 
in  grades  and  classes  for  which  they  are  adapted) ;  to 
adopt  and  enforce  a  course  of  study  for  said  schools;  to 
employ  suitable  teachers,  janitors,  and  other  employees, 
and  discharge  such  employee  when  deemed  advisable  by 
them,  and  to  do  any  and  all  other  things  necessary  to  the 
proper  conduct  of  the  school.  The  course  of  study  shall 
embrace  a  per-'od  not  less  than  three  years,  and  it  shall 
be  such  as  will  prepare  graduates  therein  for  admission 
to  the  state  university. 

Seventh — It  shall  be  the  duty  of  the  board  of  supervi- 
sors to  include  in  their  annual  tax  levy  an  amount  suffi- 
cient to  maintain  the  county  high  school;  and  such  amount 
when  collected  and  paid  into  the  county  treasury  shall  be 
known  as  the  "county  high  school  fund,"  and  may  be  drawn 
therefrom  in  the  following  manner,  for  the  purpose  of  de- 
fraying the  expenses  of  conducting  said  county  high 
school:  The  county  board  of  education  shall  draw  their 
order  on  the  county  superintendent  of  schools,  in  the  man- 
ner and  form  provided  by  lav/  for  school  district  trustees 
drawing  orders  on  their  district  school  funds,  and  the 
county  superintendent  shall  draw  his  requisition  on  the 
auditor,  who  shall  draw  his  warrant  on  the  county  treas- 

Pol.  Code— 24 


§  1671  PUBLIC    SCHOOLS.  «W 

urer  in  favor  of  the  person  or  persons  to  whom  the  amount 
called  for  in  such  requisition  is  due.  All  orders,  requisi- 
tions, and  warrants  drawn  on  the  "county  high  school 
fund,"  in  all  other  respects,  except  as  specified  in  this  act, 
shall  be  subject  to  the  law  governing  school  districts. 

Eighth — In  case  the  qualified  electors  of  any  county  deem 
it  expedient  to  establish  and  maintain  more  than  one 
county  high  school,  then  such  additional  school  or  schools 
may  be  established  and  maintained  in  the  manner  pre- 
scribed in  this  act  for  establishing  and  maintaining  a 
county  high  school. 

Ninth— All  county  high  schools  shall  be  open  for  the 
admission  of  graduates  holding  diplomas  from  the  gram- 
mar schools  of  the  county,  and  to  all  pupils  of  the  county 
who  can  pass  the  examination  for  admission.  The  exam- 
ination for  admission  shall  be  conducted  by  the  county 
board  of  education  and  the  principal  of  the  county  high 
school. 

Tenth — Nothing  in  this  act  shall  be  construed  so  as  to 
prevent  the  principal  of  the  high  school  from  acting  as 
principal  of  the  grammar  school  of  the  school  district  in 
which  the  high  school  is  located,  if  so  desired  by  the  trus- 
tees of  said  school  district. 

Eleventh — All  proceedings  for  the  formation  and  organ- 
ization of  high  school  districts  and  the  establishment  of 
county,  city,  city  and  county,  union,  joint  union  and  dis- 
trict high  schools  had,  prior  to  the  passage  and  approval 
of  this  act,  are  hereby  validated  and  declared  legal,  and 
said  high  school  districts  and  high  schools  are  hereby  de- 
clared to  be  legally  formed,  organized  and  established; 
and  in  all  cases  where  high  school  districts  and  high 
"schools  have  heretofore  been,  or  may  hereafter  be,  formed, 
organized  and  established,  the  certificate  of  the  county 
superintendent  mentioned  in  subdivision  four  of  section 
one  thousand,  six  hundred  and  seventy  of  the  P  jlUjcal 
Code  when  filed  with  the  county  clerk,  when  the  result  of 
the  election  as  therein  declared  is  in  favor  of  the  establish- 
ment of  the  high,  school,  shall  after  the  expiration  of  one 
year  from  the  date  of  such  filing  be  conclusive  evidence 
that  such  high  school  district  and  high  school  has  been 
legally  established.  En.  March  12,  1872.  Rep.  1880,  47. 
En.  Stats.  1893,  274.     Am'd.  1895,  296;   1905,  719. 


371  PUBLIC   SCHOOLS.  88  1672-1874 

Cal.  Rep.  Cit.     82,591;    101,661;    141,372;    141,  376;  141, 
377. 

§  1672.  Sectarian  books  and  teachings  proliibited.  No 
publication  of  a  sectarian,  partisan,  or  denominational 
character  must  be  used  or  distributed  in  any  school,  or  be 
made  a  part  of  any  school  library;  nor  must  any  sectarian 
or  denominational  doctrine  be  taught  therein.  Any  school 
district,  town,  or  city,  the  officers  of  which  knowingly 
allow  any  schools  to  be  taught  in  violation  of  these  pro- 
visions, forfeits  all  right  to  any  state  or  county  apportion- 
ment of  school  moneys;  and  upon  satisfactory  evidence 
of  such  violation,  the  superintendent  of  public  instruction 
and  school  superintendent  must  withhold  both  state  and 
county  apportionments.     En.  March  12,  1872. 

Compare  Const.  Cal.,  art.  IX,  sec.  8. 

§  1673.  Duration  of  daily  sessions.  No  school  must  be 
continued  in  session  more  than  six  hours  a  day;  and  no 
pupil  under  eight  years  of  age  must  be  kept  in  school  more 
than  four  hours  per  day.  Any  violation  of  the  provisions 
of  this  section  must  be  treated  in  the  same  manner  as  a 
violation  of  the  provisions  of  the  preceding  section.  En. 
March  12,   1872. 

§  1674.  Formation  and  maintenance  of  union  school  dis- 
tricts. Union  school  districts  may  be  formed,  and  union 
schools  may  be  maintained  therein,  as  in  this  section  pro- 
vided. 

First — When  a  majority  in  each  district,  as  shown  by  the 
last  preceding  school  census,  of  the  head  of  families  resid- 
ing in  two  or  more  school  districts  in  the  same  county,  shall 
unite  in  a  petition  to  the  county  superintendent  of  schools 
for  the  formation  of  a  union  school  district,  to  comprise  the 
districts  so  petitioning,  he  shall,  within  twenty  days  after 
receiving  said  petition,  call  an  election  for  the  determina- 
tion of  the  question,  and  shall  appoint  three  qualified 
electors  in  each  of  the  districts  petitioning  to  conduct  the 
election  therein.  Said  election  shall  be  held  separately  and 
simultaneously  at  the  public  schoolhouse  in  each  of  the 
districts  petitioning,  and  shall  be  called  by  posting  notices 
thereof  in  three  of  the  most  public  places  in  each  district, 
one  of  which  places  shall  be  the  public  schoolhouse  in  each 
district,  at  least  ten  days  before  said  election.  Said  election 
shall  be  conducted  by  the  officers  appointed  for  that  pur- 
pose, in  the  manner  piovided  by  law  for  conducting  school 


§  1674  PUBLIC    SCHOOLS.  872 

elections.  The  ballots  at  such  election,  in  each  district, 
shall  contain  the  words,  "For  the  Union  School  District," 
and  the  voter  shall  write  or  print  after  said  words  on  his 
ballot  the  word  "Yes"  or  the  word  "No."  It  shall  be  the 
duty  of  said  election  officers  in  each  district  to  canvass  the 
vote  at  said  election,  and  report  the  result  to  the  county 
superintendent  ox  schools  within  five  days  subsequent  to 
the  holding  of  said  election. 

Second — If  a  majority  of  the  vote  cast  at  such  election, 
in  each  and  every  of  such  districts,  shall  be  in  favor  of 
such  union  school  district,  the  county  superintendent  shall 
(except  in  the  case  of  the  formation  of  a  union  district  con- 
sisting of  but  two  districts,  and  as  hereinafter  provided  for 
in  subdivision  fourth  of  this  secton),  within  fifteen  days 
after  receiving  the  returns  of  the  election  held  therein, 
direct  the  board  of  trustees  in  each  of  said  districts  to  call 
a  meeting  of  the  qualified  electors  of  their  respective  dis- 
tricts, in  the  manner  provided  in  section  sixteen  hundred 
and  seventeen  of  this  code  for  calling  district  meetings. 
At  said  meeting  the  qualified  electors  shall  in  each  district 
select  one  representative,  whose  powers  and  duties  shall 
be  as  hereinafter  specified.  The  representatives  so  chosen 
shall  name  the  union  school  distiicts,  and  shall  have  power 
to  make  temporary  arrangements  for  the  location  of  one 
or  more  union  schools  therein,  and,  if  satisfactory  apart- 
ments or  buildings  in  a  suitable  location  are  oifered  or 
can  be  procured,  for  a  consideration  or  at  a  rental  which 
would  make  it  advisable  to  accept  the  same,  they  shall  have 
the  power  to  secure  an  option  of  a  lease  on  such  apartment 
or  building  for  a  period  not  to  exceed  three  years  from  the 
first  day  of  July  next  ensuing.  Within  forty  days  after  their 
selection  they  shall  notify  the  county  superintendent  of 
schools  that  they  desire  to  meet  to  locate  one  or  more 
union  schools  in  and  for  such  union  district.  Thereafter  the 
representatives  so  chosen  shall  meet  in  conjunction  with 
the  county  superintendent  of  schools  at  a  time  and  place 
to  be  named  by  the  superintendent,  for  the  purpose  of 
determining  the  location  of  such  union  school  or  schools. 
At  such  meeting  the  superintendent  shall  be  the  chair- 
man, and  shall  be  entitled  to  vote  and  participate  in  all  its 
proceedings.  Should  said  representatives  fail  to  unani- 
mously agree  upon  a  location  for  such  school  or  schools, 
they  shall  propose  in  writing  to  the  county  superintendent 
then  present,  or,  if  he  is  not  present,  they  shall  transmit 
to  his  office,  within  ten  days,  the  names  of  the  locations 
which  they,  or  any  of  them,  favor.     Within  twenty  days 


373  PUBLIC    SCHOOLS.  §  1674 

after  receiving  such  notice  the  superintendent  shall  call 
an  election  as  provided  in  subdivision  one  hereof,  to  deter- 
mine the  location  of  the  union  school  or  schools.  At  such 
election  only  such  sites  as  have  been  named  by  the  rep- 
resentatives and  certified  to  the  county  superintendent 
shall  be  voted  upon.  Any  form  of  ballot  by  which  the  voter 
signifies  his  choice  of  location  or  locations  shall  be  allowed. 
The  result  of  said  election  shall  be  determined  and  certified 
.  to  the  county  superintendent,  as  provided  in  said  sub- 
division one.  The  location  or  locations  which  receive  the 
largest  number  of  votes  shall  be  chosen  as  the  location  or 
locations  of  the  school  or  schools. 

Third — A  union  school  district,  formed  of  school  dis- 
tricts not  all  in  the  same  county,  is  designated  a  joint 
union  school  district. 

(1)  When  a  majority  in  each  district,  as  shown  by  the 
last  preceding  school  census,  of  the  heads  of  families  re- 
siding in  two  or  more  districts,  not  all  in  the  same  county, 
shall  unite  in  a  petition  to  the  county  superintendents  of 
their  respective  counties  for  the  formation  of  a  joint  union 
school  district,  to  comprise  the  districts  so  petitioning,  it 
shall  be  the  duty  of  each  of  said  superintendents,  within 
twenty  days  after  receiving  said  petition,  to  call  an  election 
in  the  district  or  districts  in  his  county  petitioning,  for  the 
purpose  of  determining  the  question,  and  appoint  three 
qualified  electors  in  each  of  such  petitioning  districts,  to 
conduct  the  election  therein.  Said  election  shall  be  called 
and  conducted  in  all  respects  as  specified  in  subdivision 
one  of  this  section,  except  that  the  form  of  ballot  shall  be 
"For  the  Joint  Union  School  District,"  and  the  result  there- 
of shall  be  reported  by  the  election  officers  in  each  district 
to  the  superintendent  of  the  county  in  which  such  district 
is  situated,  within  five  days  subsequent  to  the  holding  of 
said  election. 

(2)  If  a  majority  of  the  votes  cast  at  such  election,  in 
each  and  every  of  such  districts,  shall  be  in  favor  of  such 
joint  union  school  district,  the  county  superintendent  in 
each  county  shall  (except  in  the  case  of  the  formation  of  a 
joint  union  district  consisting  of  but  two  districts,  and  as 
hereinafter  provided  for  in  subdivision  four  of  this  section), 
within  fifteen  days  after  receiving  the  returns  of  the 
election,  direct  the  board  of  trustees  in  the  district,  or  dis- 
tricts, in  his   county,   to   call   a  meeting  of  the  qualified 


§  1674  PUBLIC'  SCHOOLS.  IM 

electors,  as  provicled  in  subdivision  two  of  this  section. 
At  said  meeting  tlie  qualified  electors,  in  each  district,  shall 
select  a  representative,  as  provided  in  said  subdivision. 
The  representatives  so  chosen  shall  meet  at  a  time  and 
place  to  be  agreed  upon  among  themselves,  and  name  the 
joint  union  school  district.  The  location  of  the  joint  union 
school,  or  schools,  shall  be  determined  by  the  joint  action 
of  the  representatives  chosen  and  the  county  superin- 
tendents of  the  counties,  in  manner  and  form  as  provided 
for  the  location  of  a  union  school,  or  schools. 

Fourth— Proceedings  for  the  formation  of,  or  for  admis- 
sion to,  a  union  or  joint  union  school  district  may  be  begun 
at  any  time,  but  the  schools  in  the  districts  uniting  to 
form,  or  that  are  admitted  to,  a  union  or  joint  union  school 
district,  shall  remain  under  the  control  of  their  respective 
boards  of  trustees  until  the  first  day  of  July  next  succeed- 
ing the  formation  of  the  union  or  joint  union  district  and 
the  location  of  the  union  or  joint  union  school,  or  schools, 
or  of  admission  to  a  union  or  joint  union  district,  on  which 
first  day  of  July  the  districts  uniting  to  form  the  union 
or  joint  union  school  district,  or.  the  districts  admitted  to 
such  union,  shall  cease  to  exist,  except  for  >/urposes  speci- 
fied in  this  section,  and  the  terms  of  office  of  the  school 
trustees  in  said  districts  shrill  expire,  and  the  district  prop- 
erty of  each  district  so  uniting  or  admitted  shall  vest  in 
such  union  or  joint  union  district  and  pass  to  the  control 
of  the  board  of  trustees  of  such  district,  to  be  held  and 
disposed  of  by  them,  as  provided  in  section  sixteen  hundred 
and  seventeen  of  this  code;  provided,  that  in  union  or  joint 
union  school  districts  formed  by  the  union  of  but  two 
school  districts,  no  selection  of  representatives,  as  pro- 
vided for  in  subdivision  two  of  this  section,  is  necessary, 
and  the  two  boards  of  trustees  for  the  original  school  dis- 
tricts shall  act  as  the  representatives,  and  shall  constitute 
the  board  of  trustees  for  the  new  union  or  joint  union 
school  district,  and  each  of  such  trustees  shall  continue 
in  office  for  the  term  for  which  he  was  elected,  except  as 
hereinafter  provided;  and  provided  further,  that  the  pro- 
ceeds of  any  sale  by  the  board  of  trustees  of  the  union  or 
joint  union  school  district,  of  school  property  that  or- 
iginally belonged  to  any  of  the  original  districts,  must  first 
be  applied  to  the  discharge  of  any  bonded  indebtedness 
of  such  original  district. 

Fifth — In  the  formation  of  union  or  joint  union  school 
districts,  the  representatives  selected  according  to  the  pro- 


375  PUBLIC    SCHOOLS.  §  1674 

visions  of  subdivision  tWo  of  this  section  shall  act  as  a 
board  of  trustees  for  such  union  or  joint  union  district, 
until  the  election  or  appointment  and  qualification  of  the 
regular  board  of  trustees,  as  hereinafter  provided. 

Sixth — In  union  or  joint  union  school  districts,  formed 
by  the  union  of  more  than  two  school  districts,  the  board 
of  trustees  shall  be  composed  of  one  member  elected  from 
each  district  composing  the  union  or  joint  union  district, 
at  the  time  and  in  the  manner  presented  for  the  election 
of  school  trustees,  except  as  otherwise  provided  in  this 
section.  The  county  school  superintendent  (or  superin- 
tendents by  concurrent  action  in  joint  union  school  dis- 
tricts) shall,  in  union  or  joint  union  school  districts 
composed  of  three  or  more  school  districts,  divide  the 
districts  composing  the  union  or  joint  union  school  district 
into  three  classes,  as  nearly  equal  in  number  of  school 
districts  as  possible,  to  be  designated  by  him  (or  them)  as 
class  A,  B,  and  C,  respectively.  At  the  first  annual  school 
election  following  the  organization  of  the  union  or  joint 
union  school  district  and  the  location  of  the  school  or 
schools,  the  districts  in  class  A,  as  so  divided  and  desig- 
nated, shall  each  elect  a  school  trustee  for  one  year;  the 
districts  in  class  B  shall  each  elect  a  school  trustee  for  two 
years;  the  districts  in  class  C  shall  each  elect  a  school 
trustee  for  three  years;  and  all  the  trustees  so  elected 
shall  constitute  the  board  of  trustees  of  the  union  or  joint 
union  school  district.  At  each  annual  election  thereafter, 
as  terms  of  office  expire,  the  school  trustees  shall  be 
elected  for  three  years,  and,  in  case  of  expiration  of  term 
of  appointment,  for  the  unexpired  term.  Vacancies  in  the 
board  of  school  trustees  shall  be  filled  by  appointment  by 
the  county  superintendent  of  schools  (in  case  of  joint 
union  school  districts  by  appointment  by  the  county  super- 
intendent of  the  county  in  which  the  vacancy  occurs),  the 
appointee  or  appointees  to  hold  until  the  first  day  of  July 
next  succeeding  the  appointment. 

Seventh — In  union  or  joint  union  school  districts  formed 
by  the  union  of  but  two  school  districts,  the  board  of 
trustees  of  the  union  or  joint  union  district  shall  consist 
of  the  two  boards  of  trustees  of  the  districts  so  uniting,  and 
each  trustee  shall  continue  to  hold  office  for  the  term  for 
which  he  was  elected;  provided,  that  should  one  or  more 
additional  districts  at  any  time  be  admitted  to  such  union 
or  joint  union  district,  the  board  of  trustees  shall  then  con- 
sist of  one  trustee  from  each  of  the  original  districts,  as 
provided  in  subdivision  six  of  this  section,  and  the  terms 


§  1674  PUBLIC   SCHOOLS.  87* 

of  the  trustees  in  the  two  original  districts  and  of  the 
trustees  in  the  district  or  districts  admitted  shall  expire  on 
the  first  day  of  July  next  ensuing  after  the  admission  of 
the  third  district. 

Eighth — After  the  location  of  the  union  or  joint  union 
school,  or  schools,  has  been  determined,  as  provided  in 
subdivision  two  of  this  section,  the  representatives,  acting 
as  a  board  of  trustees,  or  their  successors,  may  erect  or 
lease  a  suitable  building,  as  they  may  deem  most  advisable. 
A  lease  shall  not  be  made  for  a  longer  period  than  three 
years.  A  building  may  be  erected  under  the  provisions  of 
sections  eighteen  hundred  and  thirty  to  eighteen  hundred 
and  thirty-nine,  inclusive,  of  this  code,  relating  to  a  district 
tax,  or  sections  eighteen  hundred  and  eighty  to  eighteen 
hundred  and  eighty-nine,  inclusive,  of  this  code,  relating  to 
the  issuance  of  bonds.  In  all  cases  the  plans  must  be  ap- 
proved by  the  county  superintendent  of  schools  of  the 
county  in  which  the  schoolhouse  is  to  be  located. 

Ninth — No  change  of  location  of  any  union  or  joint  union 
school,  when  once  established,  shall  be  made,  except  upon 
a  petition  to  the  county  superintendent  of  schools  (or 
superintendents,  in  case  of  a  joint  union  district),  signed 
by  two-thirds  of  the  heads  of  families  residing  in  such 
district,  as  shown  by  the  last  preceding  school  census, 
and  then  only  in  accordance  with  all  the  provisions  for 
the  original  location  of  the  school,  as  contained  in  sub- 
divisions two  and  three  of  this  section. 

Tenth — The  powers  and  duties  of  boards  of  trustees  in 
union  or  joint  union  school  districts  shall  be  such  as  are 
now,  or  may  hereafter  be,  assigned  by  law  to  boards  of 
school  trustees,  except  as  otherwise  provided  in  this 
section. 

Eleventh — Boards  of  trustees  of  union  or  joint  union 
school  districts  shall  hold  regular  meetings  at  the  school 
building,  at  such  time  as  may  be  provided  in  the  rules  and 
regulations  adopted  by  them  for  their  own  government. 
Such  meetings  shall  not  be  held  less  frequently  than  quar- 
terly. Special  meetings  may  be  held  at  the  call  of  the 
president  of  the  board.  Upon  the  request,  in  writing, 
signed  by  a  majority  of  any  board,  the  president  of  said 
board  shall  call  a  meeting  thereof,  pursuant  to  such  request. 
Of  all  special  meetings  of  any  board  the  members  thereof 
shall  hiive  at  least  two  days'  notice  issued  and  served  by 
the  clerk  thereof.  At  special  meetings  no  business  shall 
be  transacted  other  than  as  specified  in  the  call  therefor; 


377  PUBLIC    SCHOOLS.  5  1«74 

provided,  that  in  union  and  joint  union  districts  formed  by 
the  union  of  more  than  three  school  districts  the  board 
may  appoint  an  executive  committee,  consisting  of  the 
president  and  the  clerk  and  one  other  member  of  the  board, 
to  attend  to  the  routine  business  of  the  board,  their  action 
to  be  reported  to  the  board  for  ratification  at  its  first 
regular  meeting  ensuing. 

Twelfth — The  course  of  study  shall  be  that  prescribed 
by  the  proper  authority,  and  shall  embrace  a  period  of 
not  less  than  eight  years,  except  as  may  be  hereafter  pro- 
vided by  law;  and  the  text-books  used  shall  be  those 
adopted  by  the  proper  authorities.  In  joint  union  districts 
the  provisions  of  section  fifteen  hundred  and  eighty-three 
of  this  code  shall  apply. 

Thirteenth — The  board  of  trustees  of  a  union  or  joint 
union  school  district  may  contract,  in  such  manner  as  they 
may  deem  best,  for  the  transportation,  to  and  from  school, 
of  such  pupils  as  may  seem  to  such  board  to  be  in 
need  of  such  transportation,  and  shall  pay  for  such  trans- 
portation, in  the  usual  manner,  out  of  any  funds  avail- 
able for  the  purpose;  provided,  that  all  such  contracts 
for  transportation  shall  be  first  approved  by  the  county 
superintendent  (or  superintendents)  of  schools  of  the 
county  (or  counties)  in  which  such  district  is  situated. 

Fourteenth — Whenever  in  their  judgment  it  may  be 
deemed  advisable  the  board  of  trustees  for  any  union 
or  joint  union  school  district  may  unite  with  the  trustees 
of  any  other  school  ■district,  single,  union  or  joint,  in  the 
employment  of  a  supervising  principal,  who  shall  devote 
such  time  to  the  supervision  of  instruction  in  the  several 
school  districts  and  shall  receive  such  compensation  from 
each  board  of  trustees  as  may  be  agreed  upon  by  them. 

Fifteenth — (1)  On  the  first  day  of  July  next  ensuing  after 
the  formation  of  a  union  or  joint  union  school  district,  or 
the  admission  thereto  of  a  school  district,  the  county 
superintendent  of  schools  (or  superintendents  in  joint 
union  school  districts)  shall  transfer,  by  requisition  upon 
the  county  auditor,  all  funds  remaining  to  the  credit  of 
the  different  districts  uniting  to  form  the  union  or  joint 
union  district  (or  to  the  credit  of  the  district  admitted 
thereto)  to  the  credit  of  such  union  or  joint  union  district. 

(2)  For  the  purposes  of .  school  census  enumeration  and 
the  appointment  of  school  moneys,  the  several  school 
districts  uniting  to  form  a  union  or  joint  union  school 
district   shall   be   regarded   as   continuing    their    separate 

IS 


§  1674  PUBLIC    SSHOOLS.  878 

existence;  provided,  that  but  one  census  marshal  shall 
be  appointed  to  take  the  school  census  for  all  of  such 
uniting  districts,  whose  duty  it  shall  be  to  take  the  census 
for  each  and  all  of  such  several  districts  and  include  the 
same,  separately  stated  for  each  district,  in  one  report; 
and  provided  further,  that  no  moneys  shall  be  apportioned 
directly  to  any  of  such  several  districts,  while  forming 
a  part  of  an  organized  union  or  joint  union  school  district, 
but  there  shall  be  apportioned  to  such  union  or  joint  union 
district  the  aggregate  of  moneys  that  would  be  apportioned 
to  the  several  school  districts  composing  it,  if  such  several 
districts  were  not  united. 

Sixteenth — (1)  Any  school  district  may  be  admitted  to  a 
union  or  joint  union  school  district  by  action  of  the  board 
of  supervisors  of  the  county  in  which  such  school  district 
is  located,  upon  such  terms  as  may  be  agreed  upon  between 
the  board  of  trustees  of  the  school  district  seeking  admis- 
sion and  the  board  of  trustees  of  the  union  or  joint  union 
school  district,  whenever  a  majority  of  the  heads  of  families 
residing  in  such  school  district,  as  shown  by  the  last  pre- 
ceding school  census,  shall  present  to  said  board  of 
supervisors  a  petition  for  such  annexation,  accompanied 
by  a  petition  for  such  annexation  signed  by  a  majority  of 
the  members  composing  the  board  of  trustees  of  the  union 
or  joint  union  district  to  which  admission  is  desired.  The 
county  superintendent  of  schools  shall  then  classify  the 
newly  admitted  district,  in  class  A,  B,  or  C,  as  provided 
in  subdivision  six  of  this  section,  for  the  election  of  a 
trustee  thereby.  If  such  petitioning  school  district  and 
such  union  or  joint  union  school  district  be  not'  wholly 
situated  in  the  same  county,  then  said  petitions  shall  be 
presented  in  duplicate  to  the  board  of  supervisors  of  each 
and  every  county  in  which  any  part  of  either  of  such  dis- 
tricts is  situated,  and  such  annexation  shall  be  made  only 
by  the  concurrent  action  of  all  of  such  boards  of  super- 
visors; and  in  that  case  the  classification  of  the  annexed 
district,  for  election  of  a  trustee,  shall  be  made  by  con- 
current action  of  the  county  superintendent  of  each  and 
all  of  such  counties. 

(2)  A  portion  of  a  school  district  may  be  admitted  to  an 
adjacent  union  or  joint  union  school  district  by  action  ol 
the  board  of  supervisors  of  the  county  in  'which  such  school 
district  la  situated  whenever  a  majority  of  the  heads  of 
families  residing  in  such  schoo'l  district,  as  shown  by  the 
last  preceding  school  census,  shall  present  to  said  board 
of  supervisors  a  petition  for  such  annexation,  accompanied 


379  PUBLIC    SCHOOLS.  5  1674 

by  a  petition  for  such  annexation  signed  by  a  majority  of 
the  members  composing  the  board  of  trustees  of  the  union 
or  joint  union  district  to  which  admission  is  desired.  The 
board  of  supervisors  shall  attach  such  annexed  portion  of  a 
school  district  to  a  contiguous  original  school  district  form- 
ing part  of  a  union  or  joint  union  district,  for  voting  and 
other  purposes,  and  such  annexed  portion  shall  thereafter 
be  a  part  of  the  original  district  to  which  it  is  so  attached, 
and  cannot  subsequently  withdraw  from  the  union  or  joint 
union  district,  except  as  the  district  to  which  it  is  so 
attached  withdraws.  Such  annexed  portion  shall  have  no 
representation  on  the  board  of  trustees  of  the  union  or 
joint  union  school  district,  except  as  a  part  of  the  district 
to  which  it  is  attached.  If  such  portion  of  a  school  district 
and  such  union  or  joint  union  school  district  be  not  wholly 
situated  in  the  same  county,  then  said  petitions  shall  be 
presented  in  duplicate  to  the  board  of  supervisors  of  each 
and  every  county  in  which  any  part  of  either  of  such  dis- 
tricts is  situated,  and  such  annexation,  and  such  attach- 
ment of  annexed  portion  to  one  of  the  original  districts, 
shall  be  made  only  by  the  concurrent  action  of  all  of  such 
boards   of   supervisors. 

(3)  Any  school  district  contained  in  a  union  or  joint 
union  school  district  may,  in  like  manner,  withdraw  from 
such  union  or  joint  union  district  by  action  of  the  board 
(or  boards)  of  supervisors  of  the  county  (or  counties)  in 
which  the  union  or  joint  union  district  is  located,  upon 
such  terms  as  may  be  agi'eed  upon  between  the  trustee  of 
the  school  district  seeking  to  withdraw  and  a  majority  of 
the  other  members  of  the  board  of  trustees  of  the  union  or 
joint  union  district,  whenever  a  majority  of  the  heads  of 
families  residing  in  the  union  or  joint  union  district,  in- 
cluding two-thirds  of  the  heads  of  families  residing  in 
the  district  seeking  to  withdraw,  as  shown  by  the  last 
preceding  school  census,  shall  present  to  such  board  or 
boards  of  supervisors  a  petition  for  such  withdrawal,  ac- 
companied by  a  written  consent  to  such  withdrawal  signed 
by  a  majority  of  the  members  composing  the  board  of 
trustees  of  such  union  or  joint  union  district. 

Seventeenth — Any  union  or  joint  union  school  district, 
formed  under  the  provisions  of  this  section,  and  which 
shall  have  been  in  existence  three  years  or  more,  may  be 
dissolved  in  the  following  manner:  A  petition  signed  by 
two-thirds  of  the  heads  of  families  residing  in  such  district, 
as  shown  by  the  last  preceding  school  census,  shall  be 
presented  to  the  county  superintendent  of  schools  in  the 


§  1674  PUBLIC    SCHOOLS.  MO 

county  in  which  such  district  is  situated,  setting  forth 
briefly  the  reasons  for  dissolution  and  praying  that  the 
question  may  be  submitted  to  the  voters  in  such  district. 
Upon  receiving  such  petition  the  superintendent  shall, 
within  twenty  days,  call  an  election  in  the  district,  sub- 
mitting to  the  voters  therein  the  question  of  dissolution 
of  such  district.  If  such  petitioning  district  be  not  wholly 
situated  within  the  same  county,  said  petition  shall  be 
presented  in  duplicate  to  the  superintendent  of  each  county 
having  territory  within  such  district,  and  each  superin- 
tendent so  petitioned  shall,  within  twenty  days  after  receiv- 
ing such  petition  call  an  election  in  the  territory  situate 
within  his  county  and  forming  part  of  such  district,  and 
appoint  three  electors  resident  within  such  territory  to 
conduct  such  election  therein.  Notice  of  such  election, 
which  must  be  held  throughout  the  district  on  the  same 
day  and  during  the  same  hours,  shall  be  given  by  posting 
written  or  printed  notice  thereof  in  at  least  three  of  the 
most  public  places  in  such  district  for  at  least  twelve  days 
next  before  the  day  set  for  such  election;  and  if  such 
district  be  not  wholly  situated  in  the  same  county,  said 
notice  shall  be  posted  for  said  time  in  three  of  the  most 
public  places  in  the  portion  of  the  district  in  each  county. 
Said  election  shall  be  conducted  in  the  manner  provided 
by  law  for  conducting  school  elections.  The  ballots  shall 
have  printed  on  them  the  words  "For  dissolution,"  and  the 
voters  shall  write  or  print  thereafter  the  word  "Yes"  or 
the  word  "No."  The  election  officers  shall  report  the  result 
of  such  election,  within  five  days  thereafter,  to  the  county 
superintendent  of  schools  of  the  county  in  which  they  are 
residents.  If  a  majority  of  all  the  votes  cast  at  such 
election  be  opposed  to  dissolution,  no  further  petition 
shall  be  entertained  or  election  ordered  for  a  similar  pur- 
pose within  thr6e  years  next  following  such  election.  If 
the  district  in  which  such  election  is  held  be  wholly 
situated  in  one  county,  and  if  two-thirds  of  all  the  votes 
cast  at  such  election  be  in  favor  of  dissolution,  the  county 
superintendent  of  such  county  shall  forthwith  certify  the 
result  of  such  election  to  the  board  of  supervisors  of  such 
county,  and  such  board  shall,  at  its  first  regular  meeting 
thereafter,  make  an  order  declaring  such  union  district  dis- 
solved, such  order  to  take  effect  at  the  end  of  the  current 
school  year,  except  as  hereinafter  provided.    If  the  district 


381  PUBLIC    SCHOOLS.  §  1674 

in  which  such  election  is  held  be  not  wholly  situated  in 
one  county,  each  of  the  county  superintendents  of  the 
counties  having  territory  therein  shall  immediately  certify 
to  the  others  the  result  of  the  election  in  his  own  county, 
and  if  two-thirds  of  all  the  votes  cast  at  such  election  be 
in  favor  of  dissolution,  all  of  such  county  superintendents 
shall,  jointly,  forthwith  certify  the  result  of  such  election 
to  the  board  of  supervisors  of  each  of  such  counties,  and 
said  boards,  and  each  of  them,  shall,  at  the  first  regular 
meeting  thereafter,  make  an  order  declaring  such  union 
or  joint  union  district  dissolved,  such  order  to  take  effect 
at  the  end  of  the  current  school  year,  except  as  hereinafter 
provided.  When  a  union  or  joint  union  school  district  has 
been  thus  dissolved,  the  property  thereof  shall  be  sold 
by  the  board  of  supervisors  of  the  county  in  which  such 
property  is  situated,  and  the  proceeds  of  such  sale,  together 
with  any  moneys  in  the  treasury  to  the  credit  of  such 
dissolved  district,  shall  be  apportioned  to  and  placed  to  the 
credit  of  the  school  districts  that  composed  such  dissolved 
district,  in  proportion  to  the  value  of  property  in  each  of 
such  school  districts,  as  determined  by  the  last  previous 
assessment  therein  for  school  purposes,  and  the  board  or 
board  of  supervisors  of  the  county  or  counties  in  which 
such  dissolved  district  is  situated  shall  make  such  orders, 
and  such  transfers  from  county  to  county,  as  may  be  neces- 
sary or  proper  to  affect  such  apportionment.  Prom  and 
after  the  time  of  the  making  of  the  order  or  orders  herein- 
before provided  for,  declaring  a  union  or  joint  union 
school  district  dissolved,  the  original  school  districts  com- 
posing the  same,  with  such  additional  territory  as  shall 
have  been  annexed  to  them,  shall  be  considered  to  be  in 
existence  again,  as  separate  districts,  and  subject  to  the 
provisions  of  sections  fifteen  hundred  and  ninety-three  to 
sixteen  hundred  and  two  of  this  code,  relating  to  elections 
for  school  trustees,  the  first  of  such  elections  in  each  of 
such  districts  to  be  held  as  in  the  case  of  a  newly  formed 
district;  but  such  order  or  orders  shall  not  affect  the  con- 
tinuance of  the  union  or  joint  union  board  of  trustees,  or 
the  maintenance  of  the  union  or  joint  union  school  tintil 
the  end  of  the  current  school  year,  at  the  expiration  of 
which  time  such  board  and  school  shall  cease  to  exist. 
En.  Stats.  1903,  339. 


§§  1682-1687  PUBLIC   SCHOOLS.  382 

ARTICLE  XI. 

PUPILS. 

§  1682.  Graduates    under    seventeen    years    of    age.     (Repealed.) 

§  1683.  Pupils,     how     admitted. 

§  1684.  Must    submit    to    regulations. 

§  16S5.  Suspension  and   expulsion   of. 

§  1686.  Defacing    of    school    property,    liabilities    for. 

§  16S7.  Experienced    teachers   for   beginners. 

§  1682.  Graduates  under  seventeen  years  of  age.  (Re- 
pealed.)    En.  Stats.  1887,  125.     Rep.  1891,  164. 

§  1683.  Pupils,  how  admitted.  Pupils  must  be  admitted 
into  the  schools  in  the  order  in  which  they  apply  to  be 
registered.     En.  March  12,  1872. 

Cal.   Rep.   Cit.     127,  125. 

Act  to  enforce  educational  rights  of  children:  See  General 
Laws,  title  Schools. 

§  1684.  IVlust  submit  to  regulations.  All  pupils  must 
comply  with  the  regulations,  pursue  the  required  course 
of  study,  and  submit  to  the  authority  of  the  teachers  of 
such  schools.    En.  March  12,  1872. 

§  1685.  Suspension  and  expulsion  of.  Continued  willful 
disobedience,  or  open  defiance  of  the  authority  of  the 
teacher,  constitutes  good  cause  for  expulsion  from  school; 
and  habitual  profanity  and  vulgarity  good  cause  for  sus- 
pension from  school.     En.  March  12,  1872. 

§  1686.  Defacing  of  school  property,  liabilities  for.  Any 
pupil  who  cuts,  defaces,  or  otherwise  injures  any  school- 
house,  fences,  or  outbuildings  thereof,  is  liable  to  suspen- 
sion or  expulsion,  and  on  ihe  complaint  of  the  teacher  or 
trustees,  the  parents  or  guardians  of  such  pupil  shall  be 
liable  for  all  damages.  En.  March  12,  1872.  Am'd.  1873-4, 
112. 

§  1687.     Experienced     teachers     for     beginners.     In     all 

schools  having  more  than  two  teachers,  beginners  shall  be 
taught  by  teachers  who  have  had  at  least  two  years'  ex- 
perience, or  by  norml  school  graduates;  and  in  cities  such 
teachers  shall  rank,  in  point  of  salary,  with  those  of  the 
assistant   teachers   in   the   highest  grade   in   the   grammar 


S83  PUBLIC    SCHOOLS.  S  169« 

schools;  and  in  no  case  shall  boards  of  education  or  boards 
of  school  trustees  draw  orders  for  the  salary  of  any 
teacher  in  violation  of  this  provision,  nor  shall  any 
superintendent  draw  any  requisition  for  the  salary  of  any 
teacher  in  violation  thereof.  En.  March  12,  1872.  Am'd. 
1889,  190;   1893,  254. 


ARTICLE   XII. 

TEACHERS. 

§  1696.     General    duties    of   teachers. 

§  1696a.  Substitution  of  destroyed  school  records.  Dally  average  attend- 
ance. 

§  1697.     School    month    defined. 

§  leys.    Appeal  from  premature  dismissal  by  teacher. 

§  1699.     .'Appeal    where    teacher's    salary    withheld. 

§  1700.  No  warrant  to  be  drawn  In  favor  of  a  teacher  unless  he  per- 
forms   his    duties. 

§  1701.    Nor  unless  he   holds  certificate  and  was  employed. 

§  1702.    Duties   of   teachers   as   to    ethical   instruction. 

§  1703.     No    section. 

§  1704.     Teachers   must    be   eighteen   years   of  age. 

§  1696.  General  duties  of  teachers.  Every  teacher  in 
public  schools  must, — 

First.  Before  assuming  charge  of  a  school,  file  his  or 
her  certificate  with  the  superintendent  of  schools;  pro- 
vided, that  when  any  teacher  so  employed  is  the  holder 
of  a  California  state  normal  school  diploma,  accompanied 
by  the  certificate  of  the  state  board  of  education,  as  pro- 
vided in  subdivision  third  of  section  one  thousand  five 
hundred  and  three  of  the  Political  Code,  an  educational  or 
a  life  diploma  of  California,  upon  presentation  thereof  to 
the  superintendent  he  shall  record  the  name  of  said 
holder  in  a  book  provided  for  that  purpose  in  his  ofl5ce, 
and  the  holder  of  said  diploma  shall  thereupon  be  ab- 
solved from  the  provisions  of  this  subdivision. 

Second.  Before  taking  charge  of  a  school,  and  one 
week  before  closing  a  term  of  school,  notify  the  county 
superintendent  of  such  fact,  naming  the  day  of  opening  or 
closing.  Boards  of  education  and  boards  of  school  trus- 
tees must  in  every  case  give  to  the  teacher  a  notice  of  at 
least  two  weeks  of  their  intention  to  close  fhe  term  of 
school  under  their  charge.  No  superintendent  shall  draw 
any  requisition  for  the  last  month's  salary  of  any  teacher 
until  said  teacher  has  filed  with  him  the  notice  required 
by  this  subdivision. 


§  1696  PUBLIC    SCHOOLS.  384 

Third.  Enforce  the  course  of  study,  the  use  of  the 
legally  authorized  text-boolis,  and  the  rules  and  regula- 
tions prescribed  for  schools. 

Fourth.  Hold  pupils  to  a  strict  account  for  their  con- 
duct on  the  way  to  or  from  school,  on  the  playground,  or 
during  recess;  suspend,  for  good  cause,  any  pupil  from 
the  school,  and  report  such  suspension  to  the  board  of 
school  trustees  or  city  board  of  education  for  review.  If 
such  action  is  not  sustained  by  them,  the  teacher  may 
appeal  to  the  county  superintendent,  whose  decision  shall 
be  final. 

Fifth.  Keep  a  state  school  register,  in  which  shall  be 
left,  at  the  close  of  the  term,  a  report  showing  the  pro- 
gramme of  recitations,  classification  and  grading  of  all 
pupils  who  have  attended  school  at  any  time  during  the 
school  year.  The  superintendent  shall  in  no  case  draw  a 
requisition  in  favor  of  the  teacher  until  the  teacher  has 
filed  with  him  certificate  from  the  clerk  of  the  board 
of  school  trustees  to  the  effect  that  the  provisions  of  this 
subdivision  have  been  complied  with. 

Sixth.  Make  an  annual  report  to  the  county  superin- 
tendent at  the  time  and  in  the  manner  and  on  the  blanks 
prescribed  by  the  superintendent  of  public  instruction. 
Any  teacher  who  shall  end  any  school  term  before  the 
close  of  the  school  year  shall  make  a  report  to  the  county 
superintendent  immediately  after  the  close  of  such  term; 
and  any  teacher  who  may  be  teaching  any  school  at  the 
end  of  the  school  year  shall,  in  his  or  her  annual  report, 
include  all  statistics  for  the  entire  school  year,  notwith- 
standing any  previous  report  for  a  part  of  the  year.  The 
superintendent  of  schools  shall  in  no  case  draw  a  requi- 
^tion  for  the  salary  of  any  teacher  for  the  last  month  of 
the  school  term,  until  the  report  required  by  this  subdi- 
vision has  been  filed,  and  by  him  approved. 

Seventh.  Make  such  other  reports  as  may  be  required 
by  the  superintendent  of  public  instruction,  county  super- 
intendent, board  of  school  trustees,  or  city  board  of  edu- 
cation. En.  March  L2,  1872.  Am'd.  1873-4,  98;  1880,  39; 
1887,  130;    1889,  190;    1891.  161;    1893,  255. 


385  PUBLIC   SCHOOLS.  §§  1696a-lC98 

Teachers'  annuity  fund,  at  providing  for:  See  General 
Laws,   Lide  Schools. 

§  1696a.  Substitution  of  destroyed  school  records. 
Daily  average  attendance.  Whenever  the  school  register 
or  registers  of  any  teacher  or  teachers  or  other  records  of 
any  public  school  district  in  any  school  year  may  have 
been  or  shall  hereafter  be  destroyed  by  conflagration  or 
other  public  calamity,  thereby  preventing  the  teacher  or 
teachers  and  school  officers  from  making  their  monthly 
or  annual  reports  in  the  usual  manner  and  with  accuracy 
the  affidavits  of  the  teacher  or  teachers,  the  school  princi- 
pals or  other  school  officers  of  such  school  district  cer- 
tifying as  to  the  contents  of  such  destroyed  registers  or 
other  record  shall  be  accepted  by  all  authorities  for  all 
school  matters  appertaining  to  such  school  district  ex- 
cept that  of  average  daily  attendance.  The  average  daily 
school  attendance  of  any  public  school  district  or  high 
school  whereof  the  register  or  registers  of  the  teacher  or 
teachers  or  any  number  of  them  or  other  records  may 
have  been  or  shall  hereafter  be  destroyed  by  conflagration 
or  other  public  calamity,  or  whereof,  by  reason  of  such 
conflagration  or  calamity  the  regular  session  or  attend- 
ance of  such  district  or  high  school  has  been  interrupted 
and  its  average  attendance  materially  affected  thereby, 
shall  be  its  average  daily  attendance  of  the  next  pre- 
ceding schol  year  increased  or  diminshed  by  the  aver- 
age yearly  percentage  of  increase  or  decrease  calculated 
for  the  next  preceding  ten  yars;  provided  that  the  aver- 
age daily  attendance  of  such  school  district  or  high  school 
for  the  school  year  ending  June  30,  1906,  shall  be  its  aver- 
age daily  attendance  for  the  school  year  ending  June  30, 
1905,  with  five  per  cent  (5)  thereof  as  increase  added 
thereto.    En.   June  14,  1906. 

§  1697.  School  month  defined.  A  school  month  is  con- 
strued and  taken  to  be  twenty  school  days,  or  four  weeks 
of  five  school  days  each.     En.  March  12,  1872. 

§  1698.  Appeal  from  premature  dismissal  by  teacher. 
In  case  of  the  dismissal  of  any  teacher  before  the  expira- 
tion of  any  oral  or  written  contract  entered  into  between 
such  teacher  and  board  of  trustees,  for  alleged  unfitness 
or  incompetence,  or  violation  of  rules,  the  teacher  may 
appeal  to  the  school  superintendent;  and  if  fhe  superin- 
tendent decides  that  the  removal  was  made  without  good 

Pol.  Code— 25 


§§  1699-1701  PUBLIC   SCHOOLS.  3W 

cause,  the  teacher  so  removed  must  be  reinstated,  and 
shall  be  entitled  to  compensation  for  the  time  lost  during 
the  pending  of  the  appeal.  En.  March  12,  1872.  Am'd. 
1893,  256. 

§  1699.  Appeal  where  teacher's  salary  withheld.  First, 
Any  teacher  whose  salary  is  withheld,  may  appeal  to  the 
superintendent  of  public  instruction,  who  shall  thereupon 
require  the  superintendent  of  schools  to  investigate  the 
matter  and  present  the  facts  thereof  to  him.  The  judg- 
ment of  the  superintendent  of  public  instruction  shall  be 
final;  and  upon  receiving  it,  the  superintendent  of  schools, 
if  the  judgment  is  in  favor  of  the  teacher,  shall,  in  case 
the  trustees  refuse  to  issue  an  order  for  said  withheld 
salary,  issue  his  requisition  in  favor  of  said  teacher. 

Second.  Should  any  teacher  employed  by  a  board  of 
school  trustees  for  a  specified  time,  leave  the  school  be- 
fore the  expiration  of  such  time,  without  the  consent  of 
the  trustees,  in  writing,  said  teacher  shall  be  deemed 
guilty  of  unprofessional  conduct,  and  the  board  of  educa- 
tion of  the  county  are  authorized,  upon  receiving  notice 
of  such  fact,  to  suspend  the  certificate  of  such  teacher  for 
the  period  of  one  year;  should  said  teacher  be  the  holder 
of  an  education  or  a  life  diploma,  the  superintendent  of 
schools  shall  report  the  delinquency  of  the  teacher  to  the 
state  board  of  education,  who  are  thereupon  authorized  to 
suspend  said  diploma  for  the  period  of  one  year.  En. 
March  12,  1872.     Am'd.   1«?89,  190;    1893,  256. 

Cal.  Rep.  Cit.     133,  701;    133,  706. 

§  1700.  No  warrant  to  be  drawn  in  favor  of  a  teacher 
unless  he  performs  his  duties.  No  warrant  must  be  drawn 
in  favor  of  any  teacher,  unless  the  officer  whose  duty  It 
is  to  draw  such  warrant  is  satisfied  that  the  teacher  has 
faithfully  performed  all  the  duties  prescribed  in  section 
sixteen  hundred  and  ninety-six.  En.  March  12,  1872. 
Am'd.  1873-4,  99. 

§  1701.  Nor  unless  he  holds  certificate  and  was  em- 
ployed. No  requisition  for  a  warrant  shall  be  drawn  in 
favor  of  any  teacher,  unless  such  teacher  is  the  holder  of 
a  proper  certificate,  in  force  for  the  full  time  for  which 
the  requisition  is  drawn,  nor  unless  he  was  employed  by 
the  board  of  trustees,  or  city  board  of  education,  or  by  the 
superintendent  of  schools,    as    provided    In    section    one 


m  PUBLIC    SCHOOLS.  §§  1702,  1712 

thousand  five  hundred  and  forty-five.     En.  March  12,  1872. 
Am'd.  1873-4,  99;   1880,  39;   1881,  44. 

§  1702.  Duties  of  teachers  as  to  ethical  instruction.  It 
shall  be  the  duty  of  all  teachers  to  endeavor  to  impress  on 
the  minds  of  the  pupils  the  principles  of  morality,  (the) 
truth,  justice,  and  patriotism;  to  teach  them  to  avoid 
idleness,  profanity,  and  falsehood,  and  to  instruct  them  in 
the  principles  of  a  free  government,  and  to  train  them 
up  to  a  true  comprehension  of  the  rights,  duties,  and 
dignity  of   American    citizenship.     En.    Stats.    1873-4,    99. 

§  1703.  No  section.  [A  new  section  1703  was  mentioned 
in  the  title  of  act  of  April  7,  1880,  Stats.  1880,  p.  28,  but  no 
such  section  was  enacted  in  the  act  itself.] 

§  1704.     Teachers  must  be    eighteen    years  of  age.     No 
person  is  eligible  to  teach  in  any  public    school    in    this  ' 
state,  or  to  receive  a  certificate  to  teach,  who  has  not  at- 
tained the  age  of  eighteen  years.     En.  Stats.  1880,  40. 

ARTICLE  XIII. 

DISTRICT     LIBRARIES. 

§  1712.  Library    fund,    how   expended. 

§  1713.  Of    what    fund    cocsists. 

Is  1714.  Same. 

§  1715.  Control   and   location   of   library. 

§  1716.  Who  may  use. 

§  1717.  Powers    of    trustees. 

§  1712.  Library  fund,  how  expended.  First.  The  board 
of  school  trustees,  and  the  city  board  of  education  in  any 
city,  must  expend  the  library  fund,  together  with  such 
moneys  as  may  be  added  thereto  by  donation,  in  the 
purchase  of  school  apparatus  and  books  for  a  school 
library,  including  books  for  supplementary  work;  and  no 
warrant  shall  be  drawn  by  the  superintendent  of  schools 
upon  the  order  of  any  board  of  trustees  against  the  library 
fund  of  any  district  unless  such  order  is  accompanied  by 
an  itemized  bill,  showing  the  books  and  apparatus,  and 
the  price  of  each,  in  payment  of  which  the  order  is  drawn, 
and  unless  such  books  and  apparatus  have  been  adopted 
by  the  county,  or  city,  or  city  and  county  board  of  educa- 
tion. All  orders  of  the  trustees  and  of  boards  of  educa- 
tion for  books  or  apparatus  must  in  every  case  be  sub- 
mitted to  the  superintendent  of  schools  of  the  county,  or 
city,  or  city  and  county,  respectively,  for  his  approval,  be- 
fore said  books  or  apparatus  shall  be  purchased. 


§§  1713-1716  PUBLIC    SCHOOLS.  388 

Second.  The  trustees  of  each  district  shall  cause  each 
book  now  in  their  district  school  library,  or  that  may 
hereafter  be  placed  in  said  library,  to  be  stamped  on  the 
flyleaf,  on  the  title  page,  and  on  each  one  hundredth 
page  of  the  book,  with  the  words,  "Department  of  Public 

Instruction,     State    of    California,    — County,   

District  Library,"  and  the  county  superintendent  is  here- 
by authorized  and  instructed  to  procure  such  stamp  for 
each  district  in  his  county,  and  to  pay  for  the  same  out  of 
the  county  school  fund  of  such  district.  En.  March  12, 
1872.  Am'd.  1873-4,  99;  1880,  40;  1881,  44;  1889,  191;  1893, 
256. 

§  1713.  Of  what  fund  consists.  Except  in  citites  not  di- 
vided into  school  districts  the  library  fund  shall  consist 
of  not  less  than  five  nor  more  than  ten  per  cent  of  the 
^county  school  fund  annually  apportioned  to  the  district; 
provided,  that  should  ten  per  cent  exceed  fifty  dollars, 
fifty  dollars  only  shall  be  apportioned  to  the  district; 
except  that  in  districts  having  five  or  more  teachers, 
there  shall  be  apportioned  a  sum  not  less  than  ten  dollars 
nor  more  than  fifteen  dollars  for  each  teacher  employed; 
and  provided  further,  that  the  school  trustees  of  each  dis- 
trict in  the  county  shall,  in  the  month  of  July  in  each 
year,  notify  the  superintendent  of  the  county  as  to  what 
amount  they  desire  to  be  apportioned  for  their  respective 
districts  for  the  year.  En.  March  12,  1872.  Am'd.  1893, 
257;    1903,  363. 

§  1714.  Same.  In  cities  not  divided  into  school  dis- 
tricts, the  library  fund  shall  consist  of  a  sum  not  to  ex- 
ceed fifty  dollars  for  every  one  thousand  children,  or  frac- 
tion thereof  of  five  hundred  or  more,  between  the  ages  of 
five  and  seventeen  years,  annually  taken  from  the  city  or 
county  school  fund  apportioned  to  the  city.  The  superin- 
tendent shall  apportion  the  library  fund  in  cities  not  di- 
vided into  districts  among  the  several  schools  in  propor- 
tion to  the  average  number  of  children  belonging  to  each 
school.     En.  March  12,  1872.     Am'd.  1881,  44;    1893,  257. 

§  1715.  Control  and  location  of  library.  Libraries  are 
under  the  control  of  the  board  of  trustees,  or  city  board 
of  education  and  must  be  kept,  when  practicable,  in  the 
schoolhouses.     En.  March  12,  1872.     Am'd.  1880,  40. 

§  1716.  Who  may  use.  The  library  is  free  to  all  pupils 
of  a  suitable  age  belonging  to  the  school,  and  any  resi- 
dent of  the  district  may  become  entitled  to  its  privileges 


389  PUBLIC    SCHOOLS.  §§  1717-176S 

by  the  payment  of  such  a  sum  of  money  for  life  member- 
ship, or  such  annual  or  monthly  fee,  as  may  be  prescribed 
by  the  trustees.     En.  Maixh  12,  1872. 

§  1717.  Powers  of  trustees.  The  trustees  shall  be 
held  accountable  for  the  proper  care  and  preservation 
of  the  library,  and  shall  have  power  to  assess  and  collect 
all  fines,  penalties,  and  fees  of  membership,  and  to  make 
all  needful  rules  and  regulations  not  provided  for  by  the 
state  board  oi  education,  and  not  inconsistent  therev^^ith, 
and  they  shall  report  annually  to  the  county  superinten- 
dent all  library  statistics  which  may  be  required  by  the 
blanks  furnished  for  the  purpose  by  the  superintendent 
of  public  instruction.     En.  Stats.  1873-4,  100. 

ARTICLE  XIV. 

EDUCATIONAL    JOURNAL. 

§§  1726-1731.  (Repealed.)  En.  March  12,  1872.  Rep. 
1875-6,   27. 

ARTICLE  XV. 

STATE    BOARD    OF    EXAMINATION. 

§§  1741-1755.  En.  March  12,  1872.  Rep.  1880,  47.  Sec. 
1744  amended  1873-4,  100;  sec.  1746  amended  1873-4,  100; 
1877-8,  29;  sees.  1747-1752  amended  1873-4,  101;  sec.  1753 
amended  1873-4,  102;     1875-6,  28. 

§  1756.     En.  March  12,  1872.     Rep.  1873-4,  84. 

§  1757.     En.  March  12,  1872.     Rep.  1893,  276. 

§  1758.     En.  March  12,  1872.     Rep.  1880,  47. 

ARTICLE  XVI. 

COUNTY    BOARDS    OF    EDUCATION. 


176S 
1769 
1770 
1771 
1772 
1773, 
1774 
177.5 
1776 
1777 
1778 


County    boards,    how    composed. 

Piesident    and    ex-offlcio    secretary.     (Repealed.) 

Meetings    and    compensation. 

Power    of    county    boards. 

Certiticates,    to   whom   to   be   issued. 

Examination,    how    conducted. 

Standing   to    be    indorsed   on   certificate. 

Granting    and    renewal    of    certificates. 

Certificates   to   graduates   of   normal    school. 

Compensation    of    board.     (Repealed.) 

Permanent    certificates. 


§  1768.  County  boards,  how  composed.  First — Except 
in  any  city  and  county,  there  shall  be  a  county  board  of 
education,  which  shall  consist  of  the  county  superintendent 


§  1768  PUBLIC     SCHOOLS.  8» 

ot  schools  and  of  four  other  members,  appointed  by  the 
board  of  supervisors  of  the  county. 

Second — A  majority  of  the  members  appointed  by  the 
board  of  supervisors  shall  be  experienced  teachers,  hold- 
ing not  lower  than  grammar  school  certificates  in  full 
force  and  effect. 

Third — At  their  last  regular  meeting  preceding  the 
first  day  of  July,  in  the  year  nineteen  hundred  and  three, 
the  board  of  supervisors  shall  appoint  two  persons  to 
serve  on  said  board  of  education  for  the  period  of  two 
years;  and  thereafter,  each  and  every  year,  the  board  of 
supervisors  at  the  last  regular  meeting  preceding  the  first 
day  of  July,  shall  appoint  two  persons  to  serve  on  said 
board  of  education  for  the  period  of  two  years;  provided, 
that  in  all  counties  in  which  there  are  one  or  more  high 
schools  at  least  one  of  the  appointive  members  of  the 
board  of  education  for  such  county  or  counties  shall  hold 
a  certificate  of  the  high  school  grade. 

Fourth— If  the  board  of  supervisors  of  any  county  refuse 
or  neglect  to  appoint  members  of  the  county  board  of 
education,  as  provided  in  subdivision  three  of  this  section, 
it  shall  be  the  duty  of  the  county  superintendent  to  ap- 
point them.  Should  a  vacancy  occur  at  any  time  in  the 
county  board  of  education,  it  shall  be  the  duty  of  the 
board  of  supervisors  to  appoint  a  party  to  fill  such  va- 
cancy. 

Fifth — The  members  of  the  county  board  of  education, 
elected  or  appointed,  shall  qualify  within  ten  days  after 
receiving  notice  of  their  election  or  appointment. 

Sixth — The  county  board  of  education  shall  organize 
on  the  first  meeting  subsequent  to  the  first  day  of  July 
in  each  year,  by  electing  one  of  their  number  president  of 
the  board.  The  county  superintendent  shall  be  ex  officio 
secretary  of  the  board. 

Seventh — For  the  transaction  of  business  three  members 
shall  constitute  a  quorum;  but  no  teacher's  certificate 
shall  be  issued,  renewed,  or  revoked,  nor  shall  any  books 
or  apparatus  be  adopted,  except  by  an  affirmative  vote  of 
at  least  three  members  of  the  board.  On  the  call  of  any 
member,  the  ayes  and  nays  shall  be  taken  upon  any 
proposition,  and  the  vote  shall  be  recorded  in  the  minutes 
of  the  board.  En.  March  12,  1872.  Am'd.  1875-6,  28;  1880, 
40;   1889,  191,  1893,  257;   1903,  360. 

Cal.  Rep.  Cit.    109,  151. 


J»l  PUBLIC    SCHOOLS.  tS  1769-1771 

§  1769.  President  and  ex-officio  secretary.  (Repealed.) 
En.  March  12,  1872.  Am'd.  1875-6,  28;  1880,  41.  Rep.  1893, 
276. 

§  1770.  Meetings  and  compensntlon.  (1)  Each  county 
board  of  education  shall  meet  annually  at  such  time  as 
they  may  determine.  Special  meetings  may  be  called 
by  the  superintendent  whenever,  in  his  judgment,  the 
exigencies  of  the  schools  may  require  them  to  be  held. 
Upon  the  request  of  any  three  members,  in  writing,  the 
superintendent  shall  call  a  special  meeting.  Notice  of 
all  annual  meetings  shall  be  given  by  the  secretary  at 
least  ten  days  prior  to  the  time  of  meeting.  No  business 
shall  be  transacted  at  a  special  meeting,  except  as  pro- 
vided in  subdivision  two  of  this  section,  other  than  such 
as  may  be  specified  in  the  call  of  the  secretary. 

(2)  At  the  annual  meeting  only,  the  board  shall  ex- 
amine applicants  for  certificates  to  teach  in  the  public 
schools.  All  examination  papers  for  teachers'  certificates 
shall  be  kept  on  file  in  the  office  of  the  superintendent 
of  schools  for  at  least  one  year,  and  shall  be  open  for 
the  inspection  of  the  applicants  or  their  authorized  agents. 
Certificates  upon  credentials  may  be  granted,  and  unex- 
pired certificates  may  be  renewed,  at  any  meeting  of 
the  board. 

(3)  The  board  of  supervisors  shall  allow  to  each  mem- 
ber of  the  county  board  of  education  a  compensation 
of  five  dollars  a  day  for  his  services  and  the  same  rate  of 
mileage  as  is  allowed  to  the  members  of  the  board  of 
supervisors  of  the  county.  The  secretary  shall  be  al- 
lowed the  sum  of  five  dollars  per  day  for  the  actual  time 
that  the  board  may  be  in  session;  said  compensation  of 
the  members  of  the  board,  and  of  the  superintendent, 
shall  be  payable  out  of  the  same  fund  and  in  the  same 
manner  as  the  salary  of  the  superintendent  of  schools 
is  paid. 

(4)  All  expenses  for  printing  required  by  the  county 
board  of  education,  and  all  incidental  expenses  incurred 
for  stationery  or  other  purposes  in  the  performance  of  their 
duties,  shall  be  audited  and  paid  as  other  claims  against 
the  general  fund  of  the  county  are  paid.  En.  March  12, 
1872.  Am'd.  1873-4,  102;  1877-8,  30;  1880,  41;  1881,  44; 
1889,  191;  1893,  258;  1901,  670. 

Cal.  Rep.  Cit.    104,  259.     Subd.  3—136,  376. 

§  1771.  Power  of  county  boards.  County  boards  of  edu- 
cation have  power: 


§  1771  PUBLIC    SCHOOLS.  «9S»^ 

(1)  To  adopt  rules  and  regulations,  not  inconsistent 
with  the  laws  of  this  state,  for  their  own  goTernment. 

(2)  To  prescribe  and  enforce  rules  for  the  examination 
of  teachers,  to  examine  applicants  for  grammar  school 
certificates  and  special  certificates,  and  to  establish  a 
standard  of  proficiency  which  will  entitle  the  person  ex- 
amined to  a  certificate. 

(3)  To  grant,  in  accordance  with  sections  seventeen 
hundred  and  seventy-two  and  seventeen  hundred  and  sev- 
enty-five of  this  code,  the  following  certificates,  renewable 
at  the  option  of  the  board: 

(a)  High  school  certificates,  authorizing  the  holders  to 
teach  in  any  high  school  in  the  county;  or  in  any  primary 
or  grammar  school  in  the  county. 

(b)  Grammar  school  certificates,  authorizing  the  holders 
to  teach  in  any  grammar  or  primary  school  in  the  county. 

(c)  Kindergarten-primary  certificates,  authorizing  the 
holders  to  teach  in  the  kindergarten  class  of  any  primary 
school  in  the  county. 

(d)  Special  certificates,  authorizing  the  holders  to 
teach  in  the  schools  of  the  county  such  special  branch  or 
branches  of  learning  and  in  such  grades  as  are  named  in 
such  certificates. 

(4)  To  grant,  in  accordance  with  subdivision  four  of 
section  seventeen  hundred  and  seventy-five  of  this  code, 
permanent  certificates  of  the  grade  and  kind  designated 
therein.  Every  certificate  that  is  not  a  permanent  •  cer- 
tificate shall  be  valid  for  six  years;  provided,  that  when 
any  certificate  shall  be  granted  on  a  recommendation 
that  has  been  given  for  a  limited  period  only,  such  certi- 
ficate shall  not  be  valid  for  a  longer  period  than  that 
specified  in  the  recommendation.  All  certificates  must 
be  issued  upon  the  blank  forms  prepared  by  the  superin- 
tendent of  public  instruction,  and  must  have  the  impress 
of  the  seal  of  the  board. 

(5)  To  adopt  a  list  of  books  and  apparatus  for  district 
school  libraries,  and,  except  in  cities  having  a  city  board 
of  education,  to  prescribe  and  enforce  in  the  public  schools 
a  course  of  study  and  the  use  of  a  uniform  series  of  text- 
books. 

(G)  To  revoke  or  suspend  for  immoral  or  unprofessional 
conduct,  or  evident  unfitness  for  teaching,  the  certificates 
granted  by  them. 

(7)  To  keep  a  record  of  their  proceedings. 

(8)  To  issue  diplomas  of  graduation  from  any  of  the 
public  schools  of  the  county,  except  in  cities  having  boards 
of  education,  which  diplomas  shall  be  designed  by  the 
superintendent  of  public  instruction,  and  be  distributed  as 


393  PUBLIC   SCHOOliS.  §5  1772,  177S 

other  blanks  from  his  office.  Said  diplomas  of  graduation 
shall  be  signed  by  the  president  and  secretary  of  the 
county  board  and  by  the  principal  of  the  school. 

(9)  To  adopt  and  use,  in  authentication  of  their  acts, 
an  official  seal,  and  to  have  such  printing  done  as  may 
be  necessary  in  the  discharge  of  their  duties.  En.  March 
12,  1872.  Am'd.  1875-6,  29;  1880,  41;  1881,  44;  1887,  129; 
1889,  192;  1891,  162;  1893,  259;  1901,  671. 

Cal.  Rep.  Cit.  107,  192;  109,  147;  117,  523;  117,  527;  128, 
447. 

Subd.  5.    Compare  Const.  Cal.,  art.  IX,  sec.  7. 

§  1772.  Certificates,  to  whom  to  be  issued.  County 
boards  of  education  may,  on  examination,  grant  certificates 
as  follows: 

(1)  Grammar  school  certificates:  To  those  who  have 
passed  a  satisfactory  examination  in  the  following  studies: 
Reading,  English  grammar  and  advanced  composition,  Eng- 
lish and  American  literature;  orthography  and  defining, 
penmanship,  drawing,  vocal  music,  bookkeeping,  arithmetic, 
algebra  to  quadratics,  plane  geometry,  geography  (physi- 
cal, political,  and  industrial),  elementary  physics,  physi- 
ology and  hygiene,  history  of  the  United  States  and  civil 
government,  history  (ancient,  medieval  and  modern), 
school  law,  methods  of  teaching. 

(2)  Special  certificates:  To  those  who,  by  examination 
or  any  credentials,  or  by  both,  shall  satisfy  the  board  of 
their  special  fitness  to  teach  one  or  more  of  the  particular 
studies  for  which  special  certificates  may  be  granted,  and 
who  shall  satisfy  the  board  of  their  proficiency  in  English 
grammar,  orthography,  defining,  and  methods  of  teaching. 
No  special  certificate  shall  be  granted  to  teach,  in  any 
school,  studies  other  than  drawing,  music,  physical  culture, 
and  commercial,  technical  or  industrial  work.  En.  March 
12,  1872.  Am'd.  1873-4,  102;  1875-6,  28;  1880,  42;  1889, 
193;  1893,  260;  1901,  672. 

§  1773.  Examination,  how  conducted.  All  examinations 
shall  be  in  writing  in  answer  to  questions  formulated  by 
the  board  of  education.  The  said  board  shall  also  examine 
all  applicants,  orally,  touching  the  questions  asked  and 
such  other  matters  in  connection  therewith  as  shall  have 
a  tendency  to  demonstrate  the  fitness  of  the  applicant 
to  assume  the  duties  of  teacher.  The  said  board  shall 
ask  questions  of  practical  utility,  with  a  view  of  ascertain- 
ing the  knowledge  and  ability  of  the  applicant.  All  exami- 
nations shall  be  public.  En.  March  12,  1872.  Am'd.  1873-4, 
103;  1887,  130;  1889,  193. 


§§  1774,  1775  PUBLIC   SCHOOLS.  S94 

§  1774.     Standing    to    be    indorsed    on    certificate.    The 

standing  of  each  applicant  in  each  study,  and  in  the 
class,  must  be  indorsed  on  the  back  of  each  certificate 
issued  upon  examination,  otherwise  it  is  not  a  valid  cer- 
tificate.    En.  March  12,  1872.     Am'd.  1880,  42. 

§  1775.  Granting  and  renewal  of  certificate.  (1)  County 
boards  of  education  may,  without  examination,  grant  certi- 
ficates as  follows:  (a)  High  school  certificates:  (1)  To  the 
holders  of  credentials  approved  by  the  state  board  of  edu- 
cation in  accordance  with  subdivision  two  of  section  fifteen 
hundred  and  twenty-one  of  this  code;  (2)  To  the  holders  of 
special  credentials  issued  by  said  state  board,  in  accordance 
with  said  subdivision;  (3)  To  holders  of  high  school  certifi- 
cates issued  by  any  county,  or  city  and  county,  board  of 
education  in  this  state;  (4)  To  holders  of  normal  school 
diplomas  accompanied  by  documents  from  the  faculty  of 
the  state  university,  provided  for  in  subdivision  five  of  sec- 
tion fifteen  hundred  and  three  of  this  code. 

(b)  Grammar  school  certificates:  To  the  holders  of  the 
following  credentials:  (1)  Life  diplomas  or  certificates  of 
any  state;  provided,  the  state  board  of  education  in  this 
state  shall  have  decided  that  said  diplomas  or  certificates 
represent  experience  and  scholarship  equivalent  to  the  re- 
quirement for  the  elementary  life  diploma  in  California; 
(2)  California  state  normal  school  diplomas,  San  Francisco 
city  normal  school  diplomas  heretofore  granted,  and  other 
normal  school  diplomas;  provided,  that  the  state  board  of 
education  of  this  state  shall  have  recommended  the  normal 
school  issuing  said  diploma  as  being  of  equal  rank  with 
the  state  normal  schools  of  California;  ,3)  Diplomas  from 
the  University  of  California,  or  from  any  other  university 
that  shall  be  declared  by  the  state  board  of  education  to  be 
of  equal  rank  with  the  University  of  California,  when  the 
holders  have  completed  the  prescribed  course  in  the  peda- 
gogical department  of  the  state  university,  or  a  pedagogical 
course  that  said  state  board  shall  declare  to  be  equivalent 
to  such  prescribed  course,  and  have  been  recommended  by 
the  faculty  of  the  university  issuing  such  diploma;  (4) 
Grammar  school  or  grammar  grade  certificates  of  any 
county,  or  city  and  county,  of  California. 

(c)  Kindergarten-primary  certificates:  (1)  To  the  holders 
of  kindergarten-primary  certificates  of  any  county,  or  city 
and  county,  of  California;  (2)  To  the  holders  of  diplomas 
of  graduation  from  the  kindergarten  department  of  any 
state  normal  school  of  this  state;  (3)  To  the  holders  of 
credentials,  showing  that  the  applicant  has  had  professional 
kindergarten  training    in  an  institution    approved    by  the 


395  PUBLIC    SCHOOLS.  S  "'^ 

State  board  of  education,  and  also  general  education  equiva- 
lent to  the  requirements  for  graduation  from  the  kinder- 
garten department  of  a  California  state  normal  school; 
(4)  To  the  holders  of  special  kindergarten  certificates  of 
any  county  or  city  and  county  of  California  granted  prior  to 
July  1,  1901;  provided  that  the  holders  of  such  special 
kindergarten  certificates  have  had  at  least  two  years'  train- 
ing in  a  kindergarten  training  school  and  have  taught  for  a 
period  of  at  least  two  years  in  a  public  kindergarten  school 
in  the  county  or  city  and  county  wherein  such  special  kin- 
dergarten certificates  were  granted. 

(2)  Grammar  school  certificates  may  be  granted  to  the 
holders  of  primary  grade  certificates  who  shall  pass  satis- 
factory examinations  in  such  branches  as  do  not  appear 
on  their  certificates,  or  in  the  record  of  the  examination 
upon  which  the  original  certificate  was  granted. 

(3)  All  certificates  and  diplomas  now  valid  in  California 
shall  continue  in  force  and  effect  for  the  full  term  for  which 
they  were  granted.  County  boards  of  education  may  renew 
any  certificate  issued  by  them  prior  to  the  adoption  of  this 
law,  and  now  in  force,  and  may  renew  certificates  granted 
by  authority  of  this  law.  Renewed  certificates  shall  be 
valid  for  a  period  equal  to  that  for  which  they  were  orig- 
inally granted. 

(4)  When  the  holder  of  any  certificate  or  state  diploma 
shall  have  taught  successfully  in  the  came  county,  or  city 
and  county,  for  five  years,  the  board  of  education  of  such 
county,  or  city  and  county,  may  grant  a  permanent  certifi- 
cate of  the  kind  and  grade  of  the  class  in  which  said  appli- 
cant has  been  teaching,  valid  in  the  county,  or  city  and 
county,  in  which  issued,  during  the  life  of  the  holder,  or 
until  revoked  for  any  of  the  causes  designated  in  subdivi- 
sion four  of  section  seventeen  hundred  and  ninety-one  of 
this  code;  provided,  that  such  permanent  certificate  shall  in 
no  case  be  of  a  higher  grade  than  the  grade  of  the  certifi- 
cate or  state  diploma  on  which  the  teaching  has  been  done; 
and  for  a  permanent  high  school  certificate  twenty  months 
of  said  teaching  shall  have  consisted  of  regular  high  school 
work;  and  provided  further,  that  a  certificate  when  renewed 
the  second  time,  or  any  time  thereafter,  shall  become,  by 
such  renewal,  a  permanent  certificate,  if  the  holder  of  said 
certificate  shall  have  complied  with  all  of  the  conditions  of 
this  subdivision. 

(5)  Whenever  any  holder  of  a  diploma  from  the  state 
university,  or  from  any  other  university  that  shall  be  de- 
clared by  the  state  board  of  education  to  be  of  equal  rank 
with  the  state  university,  shall  present  to  said  state  board 
satisfactory  evidence  of  having  had  two  years'  successful 


§§  1776-1778  PUBLIC    SCHOOLS.  3M 

experience  as  a  teacher,  subsequent  to  graduation,  accom- 
panied by  satisfactory  evidence  that  such  holder  has  com- 
pleted the  prescribed  course  in  the  pedagogical  department 
of  the  University  of  California,  or  a  pedagogical  course 
equivalent  thereto,  the  state  board  of  education  shall  grant 
to  the  holder  of  said  university  diploma  a  document  signed 
by  the  president  and  secretary  of  the  state  board,  show- 
ing such  fact,  and  said  diploma,  accompanied  by  said  docu- 
ment of  the  state  board  attached  thereto,  shall  become  a 
permanent  certificate  of  qualification  to  teach  in  any  gram- 
mar or  primary  or  high  school  in  the  state,  valid  until  such 
time  as  the  said  document  shall  be  revoked  by  said  state 
board  of  education,  for  any  of  the  causes  shown  in  subdi- 
vision four  of  section  seventeen  hundred  and  ninety-one 
of  this  code.  En.  March  12,  1872.  Am'd.  1873-4,  103;  1875- 
6,  29;  1877-8,  30;  1880,  42;  1881,  45;  1889,  193;  1891,  163; 
1893,  260;   1901,  673;   1905,  488. 

Cal.  Rep.  Cit.     117,  524;  128,  445;  128,  446;  128,  448. 

§  1776.  Certificates  to  graduates  of  normal  school. 
Any  member  of  a  county  board  of  education  or  of  a 
city  board  of  examination  who  shall,  except  in  the  regu- 
lar course  of  study  in  the  public  schools,  teach  any 
classes  where  pupils  are  given  special  instruction  to  pre- 
pare them  for  passing  examination  to  obtain  teachers' 
certificates,  or  who  shall  give  special  instruction  to  any 
person  preparing  for  examination  to  obtain  a  teachers' 
certificate,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  his  office  shall  be  declared  vacant. 
No  certificate  shall  be  issued  to  any  applicant  who  has 
received  special  instructions,  when  preparing  for  examina- 
tion, from  any  member  of  a  county  board  of  education, 
or  of  a  city  board  of  examination.  En.  March  12,  1872. 
Rep.  1873-4,  111.     En.   Stats.  1889,  196.     Am'd.   1893,  261. 

§  1777.  Compensation  of  board.  (Repealed.)  En. 
March  12,  1872.     Am'd.  1873-4,  103.     Rep.  1880,  47. 

§  1778.  Permanent  certificates.  County  or  city  and 
county  boards  of  education  shall  have  the  power  to  issue 
permanent  certificates  valid,  within  the  county  or  city 
and  county  in  which  issued,  during  the  life  of  the  holder, 
or  until  revoked  for  any  of  the  causes  shown  in  sub- 
division four  of  section  seventeen  hundred  and  ninety-one 
of  this  code.  Said  permanent  certificates  shall  be  issued 
on  the  following  credentials  and  conditions: 


397  PUBLIC    SCHOOLS.  §  1778 

1.  Whenever  the  holder  of  any  certificate  shall  have 
taught  successfully  in  the  same  county  or  city  and  county 
for  five  years  the  board  of  education  of  said  county  or  city 
and  county  may,  in  addition  to  or  in  place  of  the  renewal 
of  such  certificate,  grant  a  permanent  certificate  of  the 
kind  and  grade  of  the  class  in  which  said  applicant  has 
been  teaching;  provided,  that  in  the  issuance  of  a  per- 
manent high  school  certificate  at  least  twenty  months' 
successful  high  school  experience,  taught  upon  a  high 
school  certificate,  shall  be  included  in  the  five  years'  ex- 
perience required. 

2.  Whenever  the  holder  of  any  certificate  shall  have 
successfully  completed  five  years  of  successful  experience 
in'  any  county  or  city  and  county,  the  board  of  education 
of  said  county  or  city  and  county  may,  upon  application 
and  under  the  other  conditions  named  in  this  section, 
grant  to  said  applicant  a  permanent  certificate. 

3.  Whenever  the  holder  of  any  life  or  educational  diploma 
shall  have  complied  with  the  conditions  as  enumerated  in 
subdivision  one  of  this  section,  the  said  board  of  education 
shall,  without  fee,  issue  upon  application,  a  permanent 
certificate  of  the  grade  of  said  life  or  educational  diploma. 

4.  No  permanent  certificate  shall  be  of  a  higher  grade 
or,  if  special,  of  a  different  kind  from  the  certificate  upon 
which   granted. 

5.  Upon  the  presentation  of  any  certificate,  except  the 
primary  grade,  for  renewal  for  the  second  time,  or  for  any 
time  thereafter,  the  board  of  education,  in  renewing  said 
certificate  shall,  by  such  renewal,  cause  such  certificate 
to  become  permanent;  provided,  the  applicant  for  said 
renewal  shall  have  complied  with  the  other  conditions  of 
this   section. 

(b)  And  it  shall  be  the  duty  of  the  county  superin- 
tendent to  attach  to  said  certificate  a  document  giving  it 
the  full  force  and  effect  of  a  permanent  certificate  within 
said  county  or  city  and  county. 

6.  Each  applicant  for  a  permanent  certificate  must  pre- 
sent to  the  county  or  city  and  county  board  of  education 
satisfactory  evidence  of  the  experience  upon  which  said 
permanent  certificate  may  be  issued. 

7.  All  permanent  certificates  shall  be  upon  blank  forms 
prepared  by  the  state  superintendent  of  public  instruction. 
En.  Stats.  1901,  665. 


8§  1787-1790  PUBLIC    SCHOOLS.  *• 

ARTICLE  XVII. 

CITY    BOAllDS    OF    KXA  MINATION. 

§  17S7.  Mny    ho   n   linnr<l    In    cittoa   of   first.    Booond,    ami    third   class. 

S  17SS.  How     <'(iM.stltiltcil, 

§  1789.  Chairman. 

§  171M1.  Mci'lliipa   nnd   cxaiiitiintlona. 

§  17fll.  Gcnotal    powiMs. 

§  1792.  Certificates,    granting   or   renewal    of. 

S  17S:t.  'IVachoiH'    ,.|lj-lbllll.v;    li,,w    .llamlsscd. 

§  1701.  Cnmpcns.atlon    nllnwril. 

§  1787.  May  be  a  board  in  cities  of  first,  second,  and 
third  class.  In  rvory  city  of  the  first,  second  or  third 
class,  having  a  board  of  education,  and  in  every  city  and 
county,  there  may  be  a  city,  or  city  and  county,  board  of 
examination.  En.  March  12,  1872.  Am'd.  1880,  42;  1881,  45; 
1893,   2G1;    1901,   G74. 

§  1788.  How  constituted.  Each  city,  or  city  and  county, 
board  of  examination  shall  consist  of  the  city,  or  city 
and  county,  superintendent  of  schools,  and  four  other 
members,  residents  of  such  city,  or  city  and  county,  all 
of  whom  shall  be  experienced  teachers,  elected  by  the 
city,  or  city  and  county,  board  of  education,  unless  other- 
wise provided  by  law  and  holding  offlce  for  four  years. 
En.  March  12,  1872.  Am'd.  1880,  42;  1881,  45;  1893,  2G1; 
1901,  C74. 

§  1789.  Chairman.  The  city,  or  city  and  county,  super- 
intendent of  schools  is  chairman  of  the  city,  or  city  and 
county,  board  of  examination.  En.  March  12,  1872.  Am'd. 
1881,  46;   1901,  C75. 

§  1790.  Meetings  and  examinations.  The  city,  or  city 
and  county,  board  of  examination  must  meet  and  hold 
examination  for  (he  granting  of  teacliors'  certificates  an- 
nually, flt  such  times  as  they  may  determine.  They  may 
also  hold  monthly  meetings  for  the  transaction  of  such 
other  business  as  may  come  before  them.  Special  meet- 
ings may  be  called  by  the  city,  or  city  and  county,  super- 
lnt(>ndont,  when  in  bis  Judgment  the  same  are  necessary; 
and  on  the  recommendation.  In  writing,  of  any  three  mem- 
bers of  the  board,  the  city,  or  city  and  county,  superin- 
tendent shall  call  a  special  meeting.  No  business  shall 
be  transacted  at  any  special  meeting  except  such  as  is 
Indicated  In  the  call  therefor;   and  of  all  such  meetings, 


S99  PUBLIC    SCHOOLS.  S  1791 

due  notice  shall  be  given  to  each  member  of  the  board. 
The  place  of  meeting  shall  be  designated  by  the  chair- 
man. The  meetings  of  the  city,  or  city  and  county,  board 
of  examination  shall  be  public  and  a  record  of  their  pro- 
ceedings shall  be  kept  in  the  office  of  the  city,  or  city 
and  county,  superintendent  of  schools.  En.  March  12, 
1872.  Am'd.  1873-4,  103;  1877-8,  31;  1880,  42;  1881,  46; 
1893,  261;    1901,  675. 

§  1791.  General  powers.  Each  city,  or  city  and  county, 
board  of  examination  has  power: 

First — To  adopt  rules  and  regulations,  not  inconsistent 
with  the  laws  of  this  state,  for  its  own  government  and 
for  the  examination   of  teachers. 

Second — To  examine  applicants,  and  to  prescribe  a 
standard  of  proficiency  which  may  entitle  the  person  ex- 
amined to  receive:  (a)  A  city,  or  city  and  county,  gram- 
mar school  certificate,  valid  for  six  years,  authorizing 
the  holder  to  teach  any  primary  or  grammar  school  or 
class  in  such  city,  or  city  and  county;  (b)  A  city,  or  city 
and  county,  special  certificate,  valid  for  six  years,  author- 
izing the  holder  to  teach  such  special  subjects  in  any 
school  of  the  city,  or  city  and  county,  and  in  such  grades 
as  are  designated  in  such  certificate.  Applicants  for  spe- 
cial certificates  by  examination  or  any  credentials,  or  by 
both,  shall  satisfy  the  board  of  their  special  fitness  to 
teach  one  or  more  of  the  particular  studies  for  which 
special  certificates  may  be  granted,  and  shall  satisfy  the 
board  of  their  proficiency  in  English  grammar,  orthogra- 
phy, defining,  and  methods  of  teaching.  No  special  certifi- 
cates shall  be  granted  to  teach,  in  any  school,  studies 
other  than  drawing,  music,  physical  culture,  and  commer- 
cial, technical  or  industrial  work. 

The  board  of  examination  shall  report  the  result  of  the 
examination  to  the  city,  or  city  and  county,  board  of  edu- 
cation; and  said  board  of  education  shall  thereupon  issue 
to  the  successful  applicants  the  certificates  to  which  they 
shall  be  entitled. 

Third — For  immoral  or  unprofessional  conduct,  profan- 
ity, intemperance,  or  evident  unfitness  for  teaching,  to 
recommend  to  the  city,  or  city  and  county,  board  of  edu- 
cation, to  revocation  of  any  certificates  previously  granted 
by  said  board  of  education  in  such  city,  or  city  and  county. 


§§  1792-1794  PUBLIC   SCHOOLS.  <M 

En.  March  12,  1872.     Am'd.  1873-4,  104;   1880,  42;   1881,  46; 
1891,  163;   1893,  262;   1901,  675. 
Cal.  Rep.  Cit.     139,  148. 

§  1792.  Certificates,  granting  or  renewal  of.  The  city, 
or  city  and  county,  hoards  of  examination  may  also  recom- 
mend the  granting  of  city,  or  city  and  county,  certificates, 
and  the  renewal  thereof,  in  the  manner  provided  for  the 
granting  and  renewal  of  county  certificates  by  county 
boards  of  education  in  section  seventeen  hundred  and 
seventy-five  of  this  code.  En.  March  12,  18(2.  Am'd. 
1873-4,  104;  1875-6,  30;  1881,  46;  1889,  193;  1891,  164;  1893, 
262;    1901,   676. 

§  1793.  Teachers'  eligibility;  how  dismissed.  (1)  The 
holders  of  city,  or  city  and  county,  certificates  are  eligible 
to  teach  in  the  cities,  or  cities  and  counties,  in  which  such 
certificates  were  granted,  in  schools  or  classes  of  grades 
corresponding  to  the  grades  of  such  certificates,  and  when 
elected  shall  be  dismissed  only  for  insubordination  or 
other  causes,  as  mentioned  in  section  seventeen  hundred 
and  ninety-one  of  this  code,  duly  ascertained  and  ap- 
proved by  the  boards  of  education  of  such  cities,  or  cities 
and  counties. 

(2)  City  superintendents  of  public  schools,  elected  by 
city  boards  of  education,  shall  be  elected  for  a  term  of 
four  years,  and  said  city  boards  of  education  shall  have 
full  power  to  fix  the  salary  of  all  employees. 

(3)  The  holders  of  special  city,  or  city  and  county,  cer- 
tificates are  eligible  to  teach  the  special  branches  men- 
tioned in  their  certificates,  in  the  grades  of  all  the  schools 
in  the  city,  or  city  and  county,  in  which  such  certificates 
were  granted,  corresponding  to  the  grade  of  said  special 
certificates.  En.  March  12,  1872.  Am'd.  1877-8,  30.  Rep. 
1880,  47.  En.  Stats.  1881,  46.  Am'd.  1891,  164;  1893,  262; 
1901,  076. 

Cal.  Rep.  Cit.     82,  489;   82,  491;   82,  494;   82,  496;   97,  444; 
97,  608;    107,  94;    139,  147.  139,  148;    145,  247. 

§  1794.  Compensation  allowed.  The  members  of  the 
city  board  of  examination  shall  receive  such  compensation 
as  may  be  allowed  them  by  the  city  board  of  education, 
payable  out  of  the  city  school  fund.  En.  March  12,  1872. 
Am'd.  1881,  47. 


401  PUBLIC    SCHOOLS.  5  181'' 

ARTICLE   XVIII. 

COUNTY   SCHOOL  TAX. 

§  1S17.     Estimate    of    county    school    funvl. 

§  1818.    Levy   and  collection;   rate;     special   fuml;     liability   for  violation 

of   this   act. 
§  ISlSa.  Teachers'    salary    fund. 

§  1S19.     Duty    of   auditor    if    supervisors   fail    to    make   levy. 
§  1820.    Proceeds  of  tax  to  be  paid  into  the  school   fund. 

§  1817.  Estimate  of  county  school  fund.  The  county 
superintendent  of  every  county,  and  of  every  city  and 
county,  must,  at  least  fifteen  days  before  the  first  day  of 
the  month  in  which  the  board  of  supervisors  of  such 
county,  or  city  and  county,  is  required  by  law  to  levy  the 
amount  of  taxes  required  for  county,  or  city  and  county 
purposes,  furnish  to  the  board  of  supervisors  and  to  the 
auditor,  respectively,  an  estimate  in  writing  of  the  mini- 
mum amount  of  county  or  city  and  county  school  fund 
needed  for  the  next  ensuing  school  year.  This  amount 
he  must  compute  as  follows: 

First:  To  ascertain  number  of  teachers.  The  county 
superintendent  of  every  county  and  of  every  city  and 
county  must  ascertain  in  the  manner  provided  for  in  sub- 
divisions one  and  two  of  section  1858,  of  the  Political 
Code,  the  total  number  of  teachers  for  the  county,  or  the 
city  and  county. 

Second:  To  calculate  amount  required  per  teacher;  maxi- 
mum rate.  The  county  superintendent  of  every  county  and 
of  every  city  and  county  must  calculate  the  amount  re- 
quired to  be  raised  at  five  hundred  and  fifty  dollars  per 
teacher.  From  this  amount  he  must  deduct  the  total 
amount  received  from  state  apportionments  for  the  next 
preceding  school  year  and  the  remainder  shall  be  the 
minimum  amount  of  county,  or  city  and  county  school 
fund  needed  for  the  ensuing  school  year;  provided,  that 
if  this  amount  is  less  than  sufficient  to  raise  a  sum  equal 
ta  seven  dollars  for  each  census  child  in  the  county,  or 
city  and  county,  then  the  minimum  amount  shall  be  such 
a  sum  as  will  be  equal  to  seven  dollars  for  each  census 
child  in  the  county,  or  city  and  county;  but  in  no  case 
shall  the  rate  of  tax  levied  for  county  or  city  and  county 
school  purposes  in  any  one  year  exceed  fifty  cents  on 
each    one   hundred    dollars   of    taxable    property     in     the 

Pol.  Code— 26 


§  1818  PUBLIC    SCHOOLS.  402 

county  or  city  and  county.    En.  Stats.  1873-4,  105.    Am'd. 
1880,  43;   1889,  194;   1893,  263;   1903,  162;    1905,  625. 
Cal.  Rep.  Cit.     97,  436;  102,  472;  124,  697. 

§  1818.  Levy  and  collection,  rate;  special  fund;  liability 
for  violation  of  this  act.  The  board  of  supervisors  of  every 
county  or  city  and  county  must  annually,  at  the  time  and 
in  the  manner  of  levying  other  county  or  city  and  county 
taxes,  levy  and  cause  to  be  collected  for  the  county  or 
city  and  county  school  fund  a  tax,  to  be  known  as  the 
county  or  city  and  county  school  tax,  the  maximum  rate 
of  which  must  not  exceed  fifty  cents  on  each  one  hundred 
dollars  of  taxable  property  in  the  county  or  city  and 
county,  nor  the  minimum  rate  be  less  than  sufficient  to 
raise  the  minimum  amount  estimated  to  be  raised  by  the 
county  superintendent  of  any  county,  or  of  any  city  and 
county,  in  accordance  with  the  provisions  of  section  eigh- 
teen hundred  and  seventeen  of  the  Political  Code. 

The  supervisors  must  determine  the  minimum  rate  of 
the  county  or  city  and  county  school  tax  as  follows: 

They  must  deduct  fifteen  per  cent  from  the  equalized 
value  of  the  last  general  assessment  roll  and  the  amount 
required  to  be  raised  divided  by  the  remainder  of  the  as- 
sessment roll,  is  the  rate  to  be  levied;  but  if  any  fraction 
of  a  cent  occur,  it  must  be  taken  as  a  full  cent  on  each 
one  hundred  dollars. 

(a)  In  every  county,  or  city  and  county,  constituting  but 
one  school  district,  a  portion  of  the  school  funds  for  any 
fiscal  year  subsequent  to  the  present  fiscal  year  equal  in 
amount  to  the  sum  total  of  teachers'  salaries  for  the  next 
preceding  fiscal  year  payable  out  of  the  school  fund  in 
question,  shall  constitute  a  special  fund,  to  be  used  only 
for  the  payment  of  teachers'  salaries  as  hereinafter  pro- 
vided, and  to  be  known  as  the  teachers'  salary  fund; 
provided,  that  no  portion  of  any  school  fund  consisting 
of  moneys  which  are  applicable  exclusively  to  some  special 
purpose  defined  by  statute  other  than  the  payment  of 
teachers'  salaries  shall  be  deemed  a  part  of  such  school 
fund  for  the  purposes  of  this  act.  Out  of  the  teachers' 
salary  fund  shall  be  paid  the  salaries  of  all  teachers  hold- 
ing in  the  fiscal  year  positions  which  existed  in  the  pre- 
ceding fiscal  year.  No  other  demands  whatsoever  shall 
be  paid  out  of  such  fund.  If,  by  any  increase  in  the  rate 
of  salaries,  or  for  any  other  cause,  such  fund  should  be 
insufficient  to  pay  all  of  the  salaries  which  constitute  de- 


403  PXJBLIC    SCHOOLS.  S  1818 

mands  against  it  such  fund  shall  be  divided  pro  rata 
among  such  demands,  and  the  portions  of  such  demands 
unpaid  shall  be  payable  out  of  any  available  money  in  the 
school  fund  of  which  said  teachers'  salary  fund  consti- 
tutes a  part.  If  teachers'  positions  other  than  or  in  addi- 
tion to  those  which  existed  in  the  preceding  fiscal  year 
ore  created,  the  salaries  of  teachers  holding  such  different 
or  additional  positions  shall  not  be  paid  out  of  the  teach- 
ers' salary  fund,  but  out  of  any  other  available  moneys; 
but  the  amount  of  such  salaries  shall  be  included  in  deter- 
mining the  amount  of  the  teachers'  salary  fund  for  the 
succeeding  fiscal  year.  If  there  remain  in  any  fiscal  year 
any  money  in  any  teachers'  salary  fund  after  the  payment 
of  all  legal  demands  for  such  year  agianst  such  fund,  such 
money  so  remaining  shall  be  transferred  to  the  general 
school  fund  of  which  said  teachers'  salary  fund  is  a  part, 
and  shall  become  available  for  the  payment  of  any  unpaid 
lawful  demands  against  such  general  fund.  It  shall  be  the 
duty  of  any  ofiicer  whose  duty  it  is  to  audit  demands 
against  the  school  fund  of  any  such  county,  or  city  and 
county,  in  this  state,  on  or  before  the  first  Monday  of  the 
fiscal  year,  to  file  with  the  board  of  supervisors  of  such 
county,  or  city  and  county,  and  with  the  ofl[icer  whose 
duty  it  is  to  pay  demands  against  the  school  fund  of  any 
such  county,  or  city  and  county,  a  certified  copy  of  the 
statement  made  by  him  of  the  amount  of  money  used  in 
such  county,  or  city  and  county,  for  the  payment  of 
teachers'  salaries  for  the  next  preceding  fiscal  year,  and 
no  demands  against  the  school  funds  of  such  county,  or 
city  and  county,  shall  be  allowed,  audited,  or  paid  until 
said  copies  shall  have  been  filed,  as  aforesaid.  The  allow- 
ance, audit,  or  payment  of  any  demand  out  of  a  teachers' 
salary  fund  in  violation  of  this  act,  may  be  enjoined  by 
the  suit  of  any  teacher  whose  salary  is  payable  from  said 
fund.  The  members  of  the  governing  body  of  any  such 
county,  or  city  and  county,  in  this  state,  who  shall  pass 
a  demand  against  said  teachers'  salary  fund  in  violation 
of  the  provisions  of  this  act,  and  any  officer  whose  duty 
it  is  to  audit  demands  against  such  fund  and  who  shall 
audit  a  demand  against  such  teachers'  salary  fund  in 
violation  of  the  provisions  of  this  act,  and  any  officov 
whose  duty  it  is  to  pay  demands  against  such  funds,  and 
who  shall  pay  a  demand  against  said  teachers'  salary 
fund  in  violation  of  this  act,  shall  each  be  jointly  and 
severally  liable  therefor  to  any  teacher  whose  salary  is 
payable  from  said  fund  who  shall  have  been  damaged  by 


§  1818a  PUBLIC    SCHOOLS.  404 

the  allowance,  audit,  and  payment  of  such  demand.  En. 
March  12,  1872.  Am'd.  1873-4,  105;  1880,  43;  1903,  403; 
1905,   625. 

Cal.  Rep.  Clt.     97,  436;   124,  697;   141,  381. 

§  1818a.  Teachers'  salary  fund.  In  every  county,  or 
city  and  county,  constituting  but  one  school  district,  a 
portion  of  the  school  funds  for  any  fiscal  year  subsequent 
to  the  present  fiscal  year  equal  in  amount  to  the  sum 
total  of  teachers'  salaries  for  the  next  preceding  fiscal  year 
payable  out  of  the  school  fund  in  question,  shall  constitute 
a  special  fund,  to  be  used  only  for  the  payment  of  teachers' 
salaries  as  hereinafter  provided,  and  to  be  known  as  the 
teachers'  salary  fund;  provided,  that  no  portion  of  any 
school  fund  consisting  of  moneys  which  are  applicable 
exclusively  to  some  special  purpose  defined  by  statute 
other  than  the  payment  of  teachers'  salaries  shall  be 
deemed  a  part  of  such  school  fund  for  the  purposes  of  this 
act.  Out  of  the  teachers'  salary  fund  shall  be  paid  the 
salaries  of  all  teachers  holding  in  the  fiscal  year  position^ 
which  existed  in  the  preceding  fiscal  year.  No  other 
demands  whatsoever  shall  be  paid  out  of  such  fund.  If, 
by  any  increase  in  the  rate  of  salaries,  or  for  any  other 
cause,  such  fund  should  be  insufficient  to  pay  all  of  the 
salaries  which  constitute  demands  against  it,  such  fund 
shall  be  divided  pro  rata  among  such  demands,  and  the 
portion  of  such  demands  unpaid  shall  be  payable  out  of 
any  available  money  in  the  school  fund  of  which  said 
teachers'  salary  fund  constitutes  a  part.  If  teachers' 
positions  other  than  or  in  addition  to  those  which  existed 
in  the  preceding  fiscal  year  are  created,  the  salaries  of 
teachers  holding  such  different  or  additional  positions 
shall  not  be  paid  out  of  the  teachers'  salary  fund,  but  out 
of  any  other  available  moneys,  but  the  amount  of  such 
salaries  shall  be  included  in  determining  the  amount  of 
the  teachers'  salary  fund  for  the  succeeding  fiscal  year. 
If  there  remain  in  any  fiscal  year  any  money  in  any 
teachers'  salary  fund  after  the  payment  of  all  legal  de- 
mands for  such  year  against  such  fund,  such  money  so 
remaining  shall  be  transferred  to  the  general  school  fund 
of  which  said  teachers'  salary  fund  is  a  part,  and  shall 
become  available  for  the  payment  of  any  unpaid  lawful 
demands  against  such  general  fund.    It  shall  be  the  duty 


405  PUBLIC    SCHOOLS.  §§  1819,  1820 

of  any  officer  whose  duty  it  is  to  audit  demands  against 
the  school  fund  of  any  such  county,  or  city  and  county, 
in  this  state,  on  or  before  the  first  Monday  of  the  fiscal 
year,  to  file  with  the  board  of  supervisors  of  such  county, 
or  city  and  county,  and  with  the  officer  whose  duty  it  is 
to  pay  demands  against  the  school  fund  of  any  such  county, 
or  city  and  county,  a  certified  copy  of  a  statement  made 
by  him  of  the  amount  of  money  used  in  such  county,  or 
city  and  county,  for  the  payment  of  teachers'  salaries  for 
the  next  preceding  fiscal  year,  and  no  demands  against 
the  school  funds  of  such  county,  or  city  and  county,  shall 
be  allowed,  audited,  or  paid  until  said  copies  shall  have 
been  filed  as  aforesaid.  The  allowance,  audit,  or  payment 
of  any  demand  out  of  a  teachers'  salary  fund  in  violation 
of  this  act  may  be  enjoined  by  the  suit  of  any  teacher 
whose  salary  is  payable  from  said  fund.  The  members  of 
the  governing  body  of  any  such  county,  or  city  and  county, 
in  this  state,  who  shall  pass  a  demand  against  said 
teachers'  salary  fund  in  violation  of  the  provisions  of  this 
act,  and  any  officer  whose  duty  it  is  to  audit  demands 
against  such  fund  and  who  shall  audit  a  demand  against 
said  teachers'  salary  fund  in  violation  of  the  provisions 
of  this  act,  and  any  officer  whose  duty  it  is  to  pay  demands 
against  such  funds,  and  who  shall  pay  a  demand  against 
said  teachers'  salary  fund  in  violation  of  this  act,  shall 
each  be  jointly  and  severally  liable  therefor  to  any  teacher 
whose  salary  is  payable  from  said  fund  who  shall  have 
been  damaged  by  the  allowance,  audit  and  payment  of 
such  demand.    En.  Stats.  1899,  79. 

§  1819.  Duty  of  auditor  if  supervisors  fail  to  make  levy. 
If  the  supervisors  fail  to  levy  the  tax  as  herein  provided, 
then  the  auditor  must,  and  add  it  to  the  assessment  roll. 
En.   March  12,  1872. 

Cal.  Rep.  Cit.    ^24.  697. 

§  1820.  Proceeds  of  tax  to  be  paid  into  the  school  fund. 
All  moneys  deHved  from  this  tax  in  each  county,  or  city 
and  county,  must  be  paid  into  the  treasury  thereof  to  the 
credit  of  the  school  fund.  En.  March  12,  1872.  Am'd. 
1905,  627. 

Cal.  Rep.  Cit.     97.  436;  124,  697. 


§§  1830-1S33  PUBLIC  SCHOOLS.  406 

ARTICLE  XIX. 

DISTRICT   SCHOOL   TAX. 

§  1S30.  Elections    to    determine. 

§  1S31.  Notice   of   election. 

§  1832.  Same. 

§  1S33.  How   election   to   be    conducted. 

§  1S34.  Ballots,    what   to   contain. 

§  1S35.  Returns. 

S  1S36.  Trustees   must   report   to   board   of   supervisors. 

§  1837.  .Supervisors   to    levy   tax. 

§  1S3S.  Tax,    how    levied.     (Repealed.) 

§  1839.  Maximum    rate    of 

§§  1840  to    18.52.     (Repealert.) 

§  1830.  Elections  to  determine.  The  board  of  school 
trustees  of  any  district  may,  prior  to  the  fifteenth  day  of 
August  in  any  year,  when,  in  their  judgment,  it  is  advis- 
able, call  an  election,  and  submit  to  the  electors  of  the 
district  the  question  whether  a  tax  shall  be  raised  to 
furnish  additional  school  facilities  for  the  district,  or  to 
maintain  any  school  in  such  district,  or  for  building  one 
or  more  schoolhouses,  or  for  any  two  or  all  of  these 
purposes;  provided,  that  where  a  tax  has  been  collected 
for  the  purpose  of  building  a  schoolhouse,  and  the  erection 
of  said  schoolhouse  shall  not  have  been  commenced  within 
two  years  from  the  time  said  tax  was  collected,  the 
custodian  of  said  money  shall  return  the  same  to  the 
parties  from  whom  said  tax  was  collected.  En.  March  12, 
1872.     Am'd.  1880,  43;  1881,  47;  1893,  263. 

Cal.  Rep.  Cit.     52,  72;  52,  621;  93,  418;  97,  436;  112,  315; 
124,  697;  138,  256. 

Act  authorizing  issuance  of  bonds  for  school  purposes: 
See  General  Laws  title  Schools. 

§  1831.  Notice  of  election.  Such  election  must  be 
called  by  posting  notices  in  three  of  the  most  public  places 
in  the  district,  for  twenty  days;  and,  also,  if  there  is  a  news- 
paper in  the  county,  by  advertisement  therein  once  a  week 
for  three  weeks.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  72;  52,  621;  124,  697. 

§  1832.  Same.  Such  notices  must  specify  the  time  and 
place  of  holding  the  election,  the  amount  of  money  pro- 
posed to  be  raised,  and  the  purpose  for  which  it  is  intended 
to  be  used.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  621;  93,  418;  124,  697. 

§  1833.  How  election  to  be  conducted.  The  election 
shall  be    conducted  in    conformity    to  the    provisions  of 


407  PUBLIC   SCHOOLS.  99  1834-1837 

sections  one  thousand  five  hundred  and  nlnety-slx,  one 
thousand  five  hundred  and  ninety-seven,  one  thousand  five 
hundred  and  ninety-eight,  one  thousand  five  hundred  and 
ninety-nine,  one  thousand  six  hundred,  and  one  thousand 
six  hundred  and  one  of  the  Political  Code;  provided,  that 
no  particular  form  of  ballot  shall  be  required;  nor  shall 
eny  informalities  in  conducting  such  election  invalidate 
the  same,  if  the  election  shall  have  been  otherwise  fairly 
conducted.  En.  March  12,  1872.  Am'd.  1880,  44;  1893,  263. 
Cal.  Rep.  Cit.     52,  72;  52,  621;  102,  185;  124,  697. 

§  1834.  Ballots,  what  to  contain.  At  such  elections  the 
ballots  must  contain  the  words  "Tax — Yes";  or,  "Tax — 
No."    En.  March  12,  1872.    Am'd.  1880,  44. 

Cal.  Rep.  Cit.    124,  697. 

§  1835.  Returns.  If  a  majority  of  the  votes  cast  upon 
the  question  of  the  tax  levy  are  "Tax — Yes,"  the  ofiicers 
of  the  election  must  certify  the  fact  to  the  board  of  school 
trustees.     En.  March  12,  1872.     Am'd.  1880,  44;    1893,  264. 

Cal.  Rep.  Cit.     112,  315;  124,  697. 

§  1836.     Trustees   must   report   to   board   of  supervisors. 

The  board  of  school  trustees,  upon  receipt  of  a  certificate 
of  such  fact,  must  report  the  same  to  the  board  of  super- 
visors,  stating   the   amount   of   money   to   be   raised.    En. 
March  12,  1872.     Am'd.  1880,  44;  1893,  264. 
Cal.  Rep.  Cit.      124,  697. 

§  1837.  Supervisors  to  levy  tax.  The  board  of  super- 
visors must,  at  the  time  of  levying  the  county  taxes,  levy 
a  tax  upon  all  the  taxable  property  in  the  district  voting 
such  tax,  suflBcient  to  raise  the  amount  voted.  The  rate  of 
taxation  shall  be  ascertained  by  deducting  fifteen  per  cent 
for  anticipated  delinquencies  from  the  aggregate  assessed 
value  of  the  property  in  the  district,  as  it  appears  on  the 
assessment  roll  of  the  county,  and  then  dividing  the  sum 
voted  by  the  remainder  of  such  aggregate  assessed  value. 
The  taxes  so  levied  shall  be  computed  and  entered  on 
the  assessment  roll  by  the  county  auditor,  and  collected 
at  the  same  time  and  in  the  same  manner  as  state  and 
county  taxes;  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  the  district  in  which  the 
tax  was  voted.    En.  March  12,  1872.     Am'd.  1880,  44. 

Cal.  Rep.  Cit.  68,  499;  93,  418;  93,  419;  96,  636;  97,  436; 
112,  315;  124,  691 


§§  1838-1852  PUBMC  BCHOOLS.  408 

§  1838.     Tax,    how   levied.     (Repealed.)     En.   March   12, 

1872.     Am'd.  1873-4,  106.     Rep.  1880,  48. 
Cal.  Rep.  Cit.     124,  697. 

§  1839.  Maximum  rate  of.  The  maximum  rate  of  tax 
levied  by  a  district  tax  in  any  one  year  for  building  pur- 
poses must  not  exceed  seventy  cents  on  each  hundred 
dollars,  and  the  maximum  rate  levied  for  other  school 
purposes  must  not  exceed  thirty  cents  on  each  one  hundred 
dollars  in  any  one  year.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     124,  197;  124,  697. 

§  1840.     (Repealed.)     En.  March  12,  1872.    Rep.  1880,  48. 

§    1841.     (Repealed.)    En.  March  12,  1872.  Rep.  1880,  48. 

§  1842.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
83;  1873-4,  112.     Rep.  1880,  48. 

§  1843.     (Repealed.)     En.  March  12,  1872.     Rep.  1880,  48. 

§  1844.     (Repealed.)     En.  March  12.  1872.    Rep.  1880,  48. 

§  1845.  (Repealed.)  En.  March  12,  1872.  Rep.  1873-4, 
84.     En.  Stats.  1873-4,  107.     Rep.  1880,  48. 

§  1846.     (Repealed.)     En.   March  12,   1872.     Rep.   1873-4, 

84.     En.  Stats.  1873-4,  107.     Rep.  1880,  48. 

§  1847.  (Repealed.)  En.  March  12,  1872.  Rep.  1873-4, 
84.  En.  Stats.  1873-4,  107.  Rep.  1880,  48. 
Cal.  Rep.  Cit.  53,  254. 

§  1848.  (Repealed.)  En.  March  12,  1872.  Rep.  1873-4, 
84.  En.  Stats.  1873-4,  108.  Rep.  1880,  48. 

§  1849.  (Repealed.)  En.  Stats.  1873-4,  108.  Rep.  1880, 
48. 

§  1850.  (Repealed.)  En.  Stats.  1873-4,  108.  Rep.  1880, 
48. 

§  1851.  (Repealed.)  En.  Stats.  1873-4,  109.  Rep.  1880, 
48. 

§  1852.  (Repealed.)  En.  Stats.  1873-4,  109.  Rep.  1880, 
48. 

Cal.  Rep.  Cit.  53,  254. 


PUBLIC   SCHOOLS.  9S  1857,  1858 


ARTICLE  XX. 

GENERAL     PROVISIONS     RELATIVE     TO     SCHOOL     FUNDS     AND 
TAXES. 

§  1857.  No   compensation  allowed  to  certain  officers. 

§  185S.  Apportionment   of   school   fund. 

§  1S59.  Same. 

§  1860.  Same. 

§  1861.  What  state  school  fund  may  be  used  for. 

§  1857.     No    compensation    allowed    to    certain    officers. 

No  assessox",  tax  collector,  city,  city  and  county,  or  county 
treasurer  must  charge  or  receive  any  fees  or  compensation 
whatever  tor  assessing,  collecting,  receiving,  keeping,  or 
disbursing  any  school  moneys,  but  the  whole  moneys  col- 
lected must  be  paid  to  the  city,  city  and  county,  or  county 
treasurer;  provided,  that  said  assessor,  or  tax  collector, 
for  services  rendered  in  the  collection  of  poll  taxes,  shall 
receive  the  sum  of  fifteen  per  cent  of  the  collections.  En. 
March  12,  1872.  Am.  1880,  44;  1881,  1;  1893,  264. 
Cal.  Rep.  Cit.     104,  64. 

§  1858.  Apportionment  of  school  fund.  The  school  sup- 
erintendent of  every  county  and  city  and  county  must  ap- 
portion all  state  and  county  school  moneys  for  the  primary 
and  grammar  grades  of  his  county  or  city  and  county  as 
follows: 

1st.  He  must  ascertain  the  number  of  teachers  each 
school  district  is  entitled  to  by  calculating  one  teacher  for 
every  district  having  seventy  or  a  less  number  of  census 
children  and  one  ad'ditional  teacher  for  each  additional 
seventy  census  children,  or  fraction  of  seventy  not  less  than 
twenty  census  children,  as  shown  by  the  text  preceding 
school  census;  and  in  cities  or  districts  wherein  separate 
classes  are  established  for  the  instruction  of  the  deaf,  as 
provided  in  section  sixteen  hundred  and  eighteen  of  this 
code,  an  additional  teacher  for  each  nine  deaf  children. 
or  fraction  of  such  number,  not  less  than  five,  actually  at- 
tending such  classes;  provided,  that  all  children  in  any 
asylum,  and  not  attending  the  public  schools,  of  whom  the 
authorities  of  said  asylum  are  the  guardians,  shall  not  be 
included  in  making  the  estimate  of  the  number  of  teachers 
to  which  the  district  in  which  the  asylum  is  located  is  en- 
titled. 

2nd.  He  must  ascertain  the  total  number  of  teachers 
for  the  county  or  city  and  county  by  adding  together  the 
number  of  teachers  so  allowed  to  the  several  districts.  And 
he  must  at  the  time  of  making  his  annual  report  of  the 

14 


§  1858  PUBLIC   SCHOOLS.  tU 

school  census  of  his  county  or  city  and  county,  as  pro- 
vided in  section  1551  of  the  Political  Code,  report  to  the 
superintendent  of  public  instruction,  under  oath,  the  num- 
ber of  teachers  ascertained  and  so  allowed  to  his  county 
or  city  and  county  by  the  rule  or  provisions  of  subdivision 
first  hereof  applied  to  said  school  census. 

3rd.  Five  hundred  fifty  dollars  shall  apportioned  to 
every  school  district  for  every  teacher  so  allowed  to  it; 
provided,  that  to  districts  having  over  seventy  or  a  mul- 
tiple of  seventy  school  census  children  and  a  fraction  of 
less  than  twenty  census  children,  there  shall  be  apportioned 
twenty-five  dollars  for  each  census  child  in  said  fraction. 

4th.  All  school  moneys  remaining  on  hand  after  appor- 
tioning to  the  school  districts  the  moneys  provided  for  in 
subdivision  three  of  this  section,  must  be  apportioned  to 
the  several  districts  in  proportion  to  the  average  daily  at- 
tendance in  each  district  during  the  preceding  school  year; 
provided;  that  for  any  newly  organized  school  district 
where  school  was  not  maintained  during  the  year  in  which 
the  school  census  was  taken,  the  average  daily  attendance 
shall  be  such  percentage  of  the  average  daily  attendance 
of  the  old  district  or  districts  from  which  its  territory  was 
taken  as  the  census  of  the  new  district  is  of  the  old  and 
new  districts  combined.  The  county  superintendent  shall 
deduct  from  the  average  daily  attendance  of  the  old  dis- 
trict or  districts  the  average  daily  attendance  of  the  new 
district  as  above  determined.  Census  children,  wherever 
mentioned  in  this  chapter,  shall  be  construed  to  mean 
those  between  the  ages  of  five  and  seventeen  years. 

5th.  Whenever  in  any  school  year,  prior  to  the  receipt 
by  the  counties,  cities,  or  cities  and  counties  of  this  state, 
of  their  state,  county,  or  city,  or  high  school  fund,  the 
school  districts  or  cities  or  cities  and  counties  shall  not 
have  suflicient  money  to  their  credit  to  pay  the  lawful  de- 
mands against  them,  the  county,  city,  or  city  and  county 
superintendent  shall  give  the  treasurer  of  said  county,  city 
or  city  and  county,  an  estimate  of  the  amount  of  school 
money  that  will  next  be  paid  into  the  county,  city,  or  city 
and  county  treasury,  stating  the  amount  to  be  apportioned 
to  each  district.  Upon  the  receipt  of  such  estimate  it  shall 
be  he  duty  of  the  treasurer  of  said  county,  city,  or  city  and 
county,  to  transfer  from  any  fund  not  immediately  needed 
to  pay  the  claims  against  it,  to  the  proper  school  fund,  an 
amount  not  to  exceed  ninety  per  cent  of  the  amount  esti- 
mated by  the  superintendent,  and  he  shall  immediatly 
notify  the  superintendent  of  the  amount  so  transferred. 
The  funds  so  transferred  to  the  school  fund   shall    be   re- 


411  PUBLIC    SCHOOLS.  SS  1859-18r,l 

transferred  by  the  treasurer  to  the  school  fund  from  which 
they  were  taken,  from  the  first  money  paid  into  the  school 
fund  after  the  transfer.  En.  March  12,  1872.  Am'd.  1873-4, 
83;  1873-4,  114;  1880,  44;  1881,  47;  1887,  143;  1889,  194; 
1893,  264;   1903,  125;   1905,  57. 

Cal.  Rep.  Cit.     99,  29;   134,  65;   134,  66;   134,  67;  138,  254; 
138,  255;  138,  256;  143,  331. 

§  1859.  Same.  No  school  district,  except  one  newly 
formed,  is  entitled  to  receive  any  apportionment  of  state 
or  county  school  moneys  which  has  not  maintained  a 
public  school  for  at  least  six  months  during  the  next  pre- 
ceding school  year.  A  district  which  is  prevented  by  fire, 
flood,  or  prevailing  epidemic  from  maintaining  a  school 
tor  the  length  of  time  designated  in  this  section,  is  never- 
theless entitled  to  its  apportionment  of  state  and  county 
school  moneys.  En.  March  12,  1872.  Am'd.  1873-4,  110; 
1880,  45;  1889,  195. 

Cal.  Rep.  Cit.     99,  29;  138,  254;  138,  255;  138,  256. 

§  1860.  Same.  No  school  district  is  entitled  to  receive 
any  apportionment  of  state  or  county  school  moneys  unless 
the  teachers  employed  in  the  schools  of  such  district  hold 
legal  certificates  of  fitness  for  teaching,  in  full  force  and 
effect.    En.  March  12,  1872. 

§  1861.  What  state  school  fund  may  be  used  for.  The 
state  school  fund  must  be  used  for  no  other  purpose  than 
the  payment  of  salaries  of  teachers  of  primary  and  gram- 
mar schools.  En.  March  12,  1872.  Am'd.  1880,  45;  1893, 
265. 

Cal.  Rep.  Cit.     143,  331; 

Primary  and  grammar  schools — school  revenues  to  be 
applied  exclusively  to  the  support  of:  Const.  Cal.,  art.  IX, 
sec.  6. 

ARTICLE  XXI. 

MISCELLANEOUS   PROVISIONS   RELATING    TO   PUBLIC    SCHOOLS. 

§  1S67.  Insulting    teachers 

§  1S68.  Disturbing    school.''. 

§  18G9.  Issuing  ii  regular   certificates. 

§  1870.  Officers    acting   as    agents. 

§  1871.  Certificates    issued   only   to   persons   of   good   moral   character. 

§  1872.  Appeals     from     orders     revoking    certificates.     (Repealed.) 

§  1873.  School    officers    may    administer    oaths. 

§  1S74.  Rules   governing   a'doption   of   text-books. 

§  1874a.  Text-book     committee,    secretary   to;   appointment,    term,    salary. 

§  1875.  Penalties   for   neglect   to   use   books  adopted. 

5  1876.  Certain    persons   not    to   be   interested    in   contracts. 

§  1877.  Printing  and  binding,  by  whom  to  be  done. 


§§  1S67-1S71  PUBLIC   SCHOOLS.  412 

§  1S7S.  School    year,    commencement   and   end. 

§  1S79.  Bribing     member?. 

§  ISSO.  Election  for   issuance  of  school  bonds. 

§  ISSl.  Notice  of   election,   how  given. 

§  18^2.  What    notice    shall    contain. 

§  1SS3.  How    election    conducted. 

§  1884.  Issuance   of   bonds,    when    directed. 

§  1885.  Form    of   bonds,    when    payable. 

§  1886.  Interest— Sale    of    bonds. 

§  1SS7.  Tax   for  interest   and   redemption   of  bonds. 

§  ISSS.  Failure  to   levy   tax,   how   remedied. 

§  ISS^t.  Canceling'    unsold    bonds. 

§  18?0.  Fire    escapes. 

§  1891.  School    district    in    different    counties— Concurrent    action    of    su- 
pervisors. 

§  1892.  Lost   or   destroyed    teachers'    certificates. 

§  1867.  Insulting  teachers.  Any  parent,  guardian,  or 
other  person,  who  shall  insult  or  abuse  any  teacher,  in 
the  presence  of  the  school,  shall  be  guilty  of  a  misde- 
meanor, and  be  liable  to  a  fine  of  not  less  than  ten,  nor 
exceeding  one  hundred  dollars.    En.  Stats.  1873-4,  111. 

Corresponding  provision:   Pen.  Code,  sec.  654. 

§  1868.  Disturbing  schools.  Any  person  who  shall  will- 
fully disturb  any  public  school,  or  any  public  school  meet- 
ing, shall  be  guilty  of  a  misdemeanor  and  be  liable  to 
a  fine  of  not  less  than  ten,  nor  more  than  one  hundred 
dollars.     En.    Stat.    1873-4.    111. 

§  1869.  Issuing  irregular  certificates.  Any  state, 
county,  or  city  and  county  superintendent,  or  any  state, 
county,  or  city  and  county  board  of  education,  who  shall 
issue  a  certificate  or  diploma,  except  as  provided  for  in 
this  title,  shall  be  guilty  of  a  misdemeanor.  En.  Stats. 
1873-4,  111.     Am'd.  1880,  45;  1889,  195. 

§  1870.  Officers  acting  as  agents.  No  officer  named  in 
this  title,  or  teacher  in  any  public  school  held  under 
the  provisions  of  this  title,  must  act  as  agent  for  any 
author,  publisher,  bookseller  or  other  person,  to  intro- 
duce any  book,  apparatus,  furniture,  or  any  other  article 
whatever  in  the  common  schools  of  this  state,  or  any 
one  or  more  of  them,  or  directly  or  indirectly  contract 
for,  or  receive  any  gift  or  reward  for  so  introducing  or 
recommending  the  same;  and  any  officer  so  acting  or  re- 
ceiving, must  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction,  be  punished  by  fine  and  imprisonment,  and 
be  removed   from  office.     En.  Stats.  1873-4,  85. 

§  1871.  Certificates  issued  only  to  persons  of  good 
moral    character.     Certificates     shall    be     issued    to     such 


413  PUBLIC   SCHOOLS.  55  1872-1874 

persons  only  as  shall  have  given  evidence  of  good  moral 
character.  En.  March  12,  1872.  Am'd.  1873-4,  111;  1880, 
46. 

§  1872.  Appeals  from  orders  revoking  certificates.  (Re- 
pealed.)    En.  March  12,  1872.     Rep.  1880,  48. 

Cal.  Rep.  Cit.     81,  23. 

§  1873.  School  officers  may  administer  oaths.  Every 
officer,  including  secretaries  and  assistant  secretaries  of 
boards  of  education,  charged  with  the  performance  of 
duties  under  the  provisions  of  this  chapter,  may  admin- 
ister and  certify  oaths  relating  to  officers  or  official  mat- 
ters concerning  public  schools.  En.  March  12,  1872.  Am'd. 
1889,    196. 

§  1874.     Rules    governing    adoption    of   text-books.     1.  In 

compiling  or  causing  to  be  compiled  and  adopted  a  uni- 
form series  of  school  text-books  for  use  in  the  common 
schools  of  this  state,  as  required  by  section  seven  (7)  of 
article  nine  (9)  of  the  state  constitution,  the  state  board 
of  education  shall,  within  thirty  days  after  the  passage 
of  this  act,  meet  and  appoint  three  members  of  said  board, 
to  wit,  the  governor,  the  superintendent  of  public  instruc- 
tion and  one  other  member  of  said  state  board  of  education 
as  a  standing  committee  on  school  text-books.  The  said 
committee  shall  be  designated  and  known  as  the  state  text- 
book committee,  and  shall  immediately  organize  and  enter 
upon  the  discharge  of  its  duties,  and  shall  have  power,  sub- 
ject to  the  approval  of  the  state  board  of  education,  to 
revise  in  whole  or  in  part  and  to  manufacture  such  text- 
books as  are  now  in  use;  to  compile  or  cause  to  be  com- 
piled under  its  direction,  and  to  manufacture  such  other  or 
additional  text-book  or  books  as  it  may  deem  necessary  or 
proper  for  use  in  the  primary  and  grammar  schools  (the 
common  schools)  of  the  state;  to  purchase  or  hire  plates, 
maps,  and  engravings  of  copyright  matter;  to  contract  for, 
or  lease  copyrights,  for  the  purpose  of  being  used  in  com- 
piling, printing  and  publishing  such  books;  to  provide  for 
the  payment  of  royalties  or  for  the  leasing  of  plates  for  the 
making  of  the  whole  or  any  part  of  a  book  or  books,  and 
to  do  any  and  all  acts  that  may  be  necessary  for  the 
purpose  of  procuring  a  meritorious  uniform  series  of  text- 
books for  use  in  all  the  primary  and  grammar  schools 
of  the  state  of  California.  Said  committee  shall  have 
power,  subject  to  the  approval  of  the  state  board  of  edu- 


§  1S74  PUBLIC    SCHOOLS.  414 

cation,  to  prescribe  and  enforce  the  use  of  a  uniform  series 
of  text-books,  and  to  adopt  a  list  of  books  for  supple- 
mentary use  from  which  county  and  city  and  county  boards 
of  education  shall  select  and  adopt  books  for  supple- 
mentary use  in  primary  and  grammar  schools  in  their  re- 
spective counties  and  cities  and  counties,  as  required  by  sec- 
tion seventeen  hundred  and  twelve  of  the  Political  Code. 
As  soon  as  any  text-book  shall  have  been  compiled, 
printed,  adopted,  and  is  ready  for  distribution,  it  shall  be 
the  duty  of  every  county  and  city  and  county  superintend- 
ent of  schools  in  the  state  to  order  a  sufficient  number 
thereof  to  give  at  least  one  copy  of  every  such  book  to 
every  public  school  district  librai'y  in  the  county  or  city 
and  county  in  which  he  is  superintendent,  and  payment 
therefor  shall  be  m.ade  by  him  by  drawing  his  requisition 
without  the  order  of  the  board  of  school  trustees  against 
the  library  funds  of  the  respective  districts  in  his  county 
or  city  and  county  for  the  cost  and  remitting  the  same 
to  the  official  who  has  charge  of  the  sale  of  state  school 
text-books.  In  cities  where  the  city  school  superintendent 
or  city  board  of  education  is  accustomed  to  draw  requisi- 
tions upon  the  library  funds,  it  is  hereby  made  the  duty 
of  such  superintendents  or  boards  of  education  to  order 
and  pay  for  copies  of  books  of  the  state  series  for  their 
school  libraries  as  hereby  provided  in  lieu  of  the  county 
superintendents. 

2.  Instruction  shall  be  given  in  the  following  subjects  in 
the  primary  and  grammar  schools  of  the  state  in  the  sev- 
eral grades  in  which  they  may  be  required,  viz.:  Reading, 
writing,  orthography,  language  lessons,  and  English  gram- 
mar, arithmetic,  geography,  history  of  the  United  States, 
elements  of  physiology  and  hygiene,  vocal  music,  element- 
ary bookkeeping,  drawing,  nature  study,  and  civil  govern- 
ment; and  it  shall  be  the  duty  of  the  said  text-book  com- 
mittee to  revise  such  of  the  books  of  the  present  state 
series  or  publish  such  new  ones  in  any  of  the  above-men- 
tioned subjects  as  may  be  necessary  for  the  proper  study 
and  teaching  of  them,  and  for  the  purposes  of  compilation 
and  publication  may  make  use  of  any  copyright  matter 
deemed  suitable,  and  may  purchase  or  hire  plates,  maps,  or 
engravings  of  siich  copyright  matter,  may  contract  and 
arrange  for  the  payment  of  royalties,  and  shall  designate 
such  book  or  books,  when  published,  as  belonging  to  and 
forming  a  part  of  the  state  series  of  school  text-books, 
subject  to  the  approval  of  the  state  board  of  education. 

3.  The  said  text-book  committee  shall  elect  a  secretary, 
who   shall   be  a  person  of  recognized  educational   ability 


<15  PUBLIC    SCHOOLS.  §  1874 

and  experience,  who  shall  be  provided  with  an  office  at 
the  state  capitol  in  Sacramento  in  connection  with  that  of 
the  superintendent  of  public  instruction,  and  who  shall  keep 
the  books,  accounts,  and  all  records  of  the  said  committee 
and  perform  such  other  duties  as  may  from  time  to  time 
be  required  of  said  secretary  by  said  committee.  Said  sec- 
retary shall  hold  office  at  the  pleasure  of  the  committee 
and  shall  receive  a  salary  of  one  hundred  and  sixty-five 
dollars  per  month,  payable  monthly  in  the  same  manner 
and  from  the  same  fund  as  the  salaries  of  state  officers 
are  paid. 

4.  The  said  text-book  committee  may  secure  copyrights, 
in  the  name  of  the  people  of  the  state  of  California,  to  any 
book  that  may  be  compiled  under  this  act,  and  whenever 
any  one  or  more  of  the  state  school  text-books  shall  have 
been  compiled,  published,  and  adopted,  the  superintendent 
of  public  instruction  shall  issue  an  order  to  all  county 
and  city  and  county  boards  of  education  by  sending  notice 
by  registered  mail  to  the  secretaries  of  all  such  boards 
requiring  the  uniform  use  of  said  book  or  books  in  all 
the  primary  and  grammar  schools  of  this  state,  and  when 
said  order  shall  have  thus  been  given  and  published,  the 
same  shall  remain  in  force  and  effect  for  a  term  of  not 
less  than  four  nor  more  than  eight  years;  provided,  that 
said  order  for  the  uniform  use  of  said  book  or  books 
shall  not  take  effect  until  the  expiration  of  at  least  one 
year  from  the  time  of  the  completion,  purchase,  or  the 
leasing  of  the  electrotype  plates  of  said  book  or  books; 
but  nothing  in  this  act  shall  be  construed  to  prevent  any 
county,  city,  or  city  and  county  from  adopting  any  one 
or  more  of  tne  state  series  of  school  text-books  whenever 
said  book  or  books  shall  have  been  published  and  is 
ready  for  distribution;  provided,  further,  that  whenever 
any  plates,  maps,  or  engravings  of  any  publisher  or  author 
are  adopted  for  use  as  hereinbefore  provided,  the  state 
text-book  committee  shall  enter  into  a  contract  for  not  less 
than  four  nor  more  than  eight  years  for  the  use  of  the 
same,  and  shall  require  a  good  and  sufficient  bond  of 
the  owner  of  such  plates,  maps  or  engravings,  guarantee- 
ing that  the  same  shall  be  kept  revised  and  up  to  date 
as  may  be  required  by  the  state  board  of  education. 

5.  Any  county,  city  and  county,  city  or  school  district 
that  refuses  or  neglects  to  use  the  state  series  of  school 
text-books  in  the  grades  and  in  the  subjects  for  which 
they  are  intended  and  at  the  time  as  required  in  the  fore- 
going subdivisions  of  this  act  must,  upon  satisfactory 
proof  of  such  refusal  or  neglect,  have  the  state  money  to 


§  1874  PUBLIC    SCHOOLS.  4va 

which   it   is   otherwise   entitled,   withheld   from   it   by  the 
superintendent  of  public  instruction. 

6.  The  superintendent  of  state  printing  shall  have  the 
supervision  of  all  mechanical  work  connected  with  the 
printing  and  publishing  of  su-ch  books  as  may  be  com- 
piled and  adopted  by  said  text-book  committee  and  ap- 
proved by  the  state  board  of  education,  and  all  such 
printing  and  binding  shall  be  done  in  the  state  printing 
office.  The  superintendent  of  state  printing  shall  an- 
nually on  the  first  day  of  July,  and  oftener,  if  requested, 
submit  to  the  said  text-book  committee  a  detailed  state- 
ment showing  the  number  and  name  of  books  of  the  state 
series  published  by  him  during  each  year. 

7.  Whenever  any  book  authorized  to  be  published  under 
this  act  is  ready  for  sale  or  delivery  to  pupils,  the  state 
printer  shall  submit  to  the  said  state  text-book  committee, 
and  it  in  turn  to  the  state  board  of  education,  an  itemized 
statement,  showing  the  exact  cost  of  the  material,  print- 
ing, binding  and  finishing  of  such  book  in  editions  of 
five  thousand  or  more,  and  the  state  board  of  education 
shall  thereupon  determine  and  fix  the  price  of  such  book 
as  required  by  law.  by  adding  to  the  cost  of  manufacturing, 
the  price  contracted  to  be  paid  as  royalty,  or  for  the 
use  of  the  plates,  maps  or  engravings  of  the  copyright 
matter  therein  contained,  and  said  price  shall  be  deemed 
to  be  the  whole  cost  of  publication  of  such  book  at  Sac- 
ramento. The  amount  fixed  for  royalty  or  cost  of  plates 
of  copyright  matter  shall,  as  the  books  are  sold,  be  kept 
separate  from  other  proceeds  from  the  sale  of  state  school 
text-books,  and  deposited  in  the  state  treasury  to  the 
prpfiit  of  a  fund  to  be  designated  and  known  as  the 
'"Text-Book  Royalty  Fund,"  the  same  to  be  paid  out  quar- 
terly or  semi-annually,-  as  may  be  agreed  between  the 
owners  of  copyright  matter  and  said  text-book  com- 
mittee, on  the  order  of  the  said  state  text-book  committee, 
in  payment  of  royalties  or  hire  of  plates,  maps  or  engrav- 
ings of  copyright  matter  in  the  same  manner  as  other 
claims  upon  the  state  treasurer  are  paid. 

8.  The  sum  of  twenty  thousand  dollars  is  hereby  appro- 
priated out  of  any  money  in  the  state  treasury  not  other- 
wise appropriated,  for  the  purpose  of  carrying  out  the 
provisions  of  this  act.  Said  appropriation,  which  shall 
be  known  as  the  "Text-Book  Appropriation,"  shall  be  sub- 
ject to  the  drafts  of  the  said  text-book  committee  for  all 
the  expenses  incurred  by  it,  except  the  salary  of  the 
secretary,  which  is  otherwise  provided  for  in  this  act; 
provided,  that  all   claims  shall   be  presented  to  the  state 


417  PUBLIC    SCHOOLS.  5  1874 

board  of  examiners  for  their  approval;  said  appropriation 
shall  be  subject  to  the  drafts  of  the  said  committee  for 
all  moneys  needed  for  the  payment  of  royalties,  for  the 
purchase  or  hire  of  such  plates,  maps,  or  engravings 
that  may  be  necessary  but  which  can  not  be  arranged 
to  be  paid  for  as  provided  in  subdivision  seventh  hereof, 
for  expert  opinions  as  provided  for  in  subdivision  nine 
of  this  act,  for  printing,  stationery,  postage,  and  expressage 
that  will  be  required  by  said  committee,  and  for  manu- 
facturing any  edition  of  any  book  of  the  state  series  now 
in  use  or  which  may  hereafter  be  adopted  for  use  in  the 
primary  and  grammar  schools.  It  is  provided  that  all 
moneys  that  have  been  received  or  that  may  hereafter 
be  received  from  the  sales  of  state  series  of  school  text- 
books, except  that  which  is  received  in  payment  of  royal- 
ties and  provided  in  this  act  to  be  deposited  to  the  credit 
of  the  text-book  royalty  fund,  shall  be  kept  by  the  state 
treasurer  as  a  separate  and  distinct  fund,  to  be  known 
as  the  "State  School-Book  Fund,"  which  fund  shall  be 
subject  to  the  drafts  of  the  said  text-book  committee  for 
all  expenses  incurred  by  the  superintendent  of  state 
printing  for  all  material,  labor,  and  other  expenses  neces- 
sary in  the  mechanical  work  of  printing  and  publishing 
state  school  text-books;  all  claims  to  be  drawn  after  being 
certified  to  by  the  superintendent  of  state  printing,  as  pro- 
vided in  subdivision  four  of  section  five  hundred  and 
twenty-six  of  the  Political  Code;  provided,  that  all  de- 
mands on  the  state  school-book  fund  shall  be  presented 
to  the  state  board  of  examiners  in  itemized  form  for  their 
approval;  and  upon  the  approval  of  the  state  board  of 
examiners,  the  state  controller  is  hereby  authorized  and 
directed  to  draw  his  warrant,  and  the  state  treasurer 
is  hereby  authorized  and  directed  to  pay  the  same,  in 
conformity  with  the  provision  of  this  section. 

9.  Before  selecting  any  text-book  matter  to  be  used  in 
the  compilation  or  revision  of  a  state  school  text-book, 
the  said  committee  may,  subject  to  the  approval  of  the 
state  board  of  education,  secure  one  or  more  educational 
experts  to  examine  and  give  their  opinions  on  the  merits 
of  any  book  or  books  or  parts  of  a  book  that  may  be  taken 
under  consideration,  and  the  claims  for  payment  of  such 
expert  service  shall  be  paid  in  like  manner  as  other 
claims  are  paid  out  of  the  state  text-book  appropriation; 
provided,  that  the  expense  of  such  expert  examination 
and  opinion  shall  not  exceed  the  sum  of  two  hundred 
dollars  ($200.00)  for  any  one  book  that  may  be  adopted 
and  published  as  a  book  of  the  state  series. 

Pol.  Code— 27 


§§  1874a-1876  PUBLIC    SCHOOLS.  4M 

10.  The  existing  law  which  provides  the  manner  and 
the  means  for  the  distribution  of  state  text-books  is 
hereby  continued  in  force  and  effect.  En.  March  12,  1872. 
Am'd.  1873-4,  112;  1880,  46;  1893,  265;  1903,  192. 

Cal.  Rep.  Cit.  49,  685;  131,  168.  Subd.  1—131,  167.  Subd. 
3—131,  167. 

Subd.  1.  Four  years'  continuance  in  use  of  text-books 
adopted,  required  by  Const.  Cal.,  art.  IX,  sec.  7. 

Act  to  prevent  change  in  text-books  in  use  in  the  public 
schools:  Stats.  1876,  p.  1,  was  repealed  by  Stats.  1880, 
p.  42. 

See  statutes  for  state  publication  of  text-books,  in  Gen- 
eral Laws,  under  title  Schools. 

§  1874a.  Text-book  committee,  secretary  to;  appoint- 
ment, term  and  salary.  The  oflace  of  secretary  to  the  state 
text-book  committee  is  hereby  created.  The  state  text-book 
committee  shall  elect  a  person  of  recognized  ability  and 
experience  to  fill  said  office.  Said  secretary  shall  be  pro- 
vided with  an  office  at  the  state  capitol  in  Sacramento  in 
connection  with  that  of  the  superintendent  of  public  instruc- 
tion, and  he  shall  keep  the  books,  accounts,  and  all  records 
of  the  said  committee  and  perform  such  other  duties  as 
may  from  time  to  time  be  required  of  him  by  said  com- 
mittee. Said  secretary  shall  hold  office  at  the  pleasure  of 
the  committee  and  shall  receive  a  salary  of  twenty-five 
hundred  dollars  per  year,  payable  monthly  out  of  the  state 
school-book  fund  and  in  the  same  manner  as  the  salaries 
of  state  officers  are  paid.     En.  Stats.  1905,  786. 

§  1875.  Penalties  for  neglect  to  use  books  adopted.  If 
any  city  or  district  refuse  or  neglect  to  use  the  books 
that  may  be  prescribed,  or  use  any  other  text-books  in 
any  of  the  prescribed  studies,  the  superintendent  of  public 
instruction  must  withhold  from  such  city,  town,  or  dis- 
trict, twenty-five  per  cent  of  all  state  school  moneys  to 
which  may  be  entitled,  until  it  comply;  and  any  moneys 
so  withheld  must  be  apportioned  by  the  superintendent 
at  the  next  annual  apportionment  in  the  same  manner 
as  other  school  moneys  in  the  treasury.  En.  March  12, 
1872. 

§  1876.     Certain  persons  not  to  be  interested  in  contracts. 

No  school  trustee,  or  member  of  any  board  of  education, 
must  be  interested  in  any  contract  made  by  the  board  of 
which  he  is  a  member;  and  any  contract  made  in  viola- 
tion of  this  provision  is  void.    En.  March  12,  1872. 


419  PUBLIC   SCHOOLS.  §§  1877-1S80 

§  1877.     Printing   and     binding,     by    whom    to    be    done. 

All  printing  or  binding  required  under  this  chapter,  ex- 
cept as  provided  in  subdivision  eight  of  section  one 
thousand  seven  hundred  and  seventy-one,  must  be  executed 
bj'  the  state  printer,  in  the  form  and  manner  and  at 
the  prices  of  other  state  printing,  and  be  paid  for  in 
like  manner.     En.  March  12,  1872.     Am'd.  1893,  2G6. 

§  1878.     School     year,     commencement     and     end.      The 

school  year  begins  on  the  first  day  of  July,  an-d  ends  on  the 
last  day  of  June.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     138,  254;  138,  704. 

§  1879.  Bribing  members.  The  offering  of  any  valuable 
thing  to  any  member  of  a  board  of  education,  or  board  of 
school  trustees,  with  the  intent  thereby  to  influence  his 
action  in  regard  to  the  granting  of  any  teacher's  certifi- 
cate, the  appointment  of  any  teacher,  superintendent,  or 
other  officer  or  employee,  the  adoption  of  any  text-book, 
or  the  making  of  any  contract  to  which  the  board  of  edu- 
cation of  which  he  is  a  member  shall  be  a  party,  or  the 
acceptance  by  any  member  of  a  board  of  education  or  board 
of  school  trustees  of  any  valuable  thing,  with  corrupt  in- 
tent, shall  be  a  misdemeanor,  punishable  as  by  law  pro- 
vided. Any  person  may  be  compelled  to  testify  in  any  law- 
ful investigation  or  judicial  proceeding  against  any  per- 
son who  may  be  charged  with  any  offense  described  in  this 
section.  Any  contract  or  appointment  obtained  from  a 
board  of  education  or  board  of  school  trustees  by  corrupt 
means  shall  be  void.  En.  Stats.  1880,  47.  Am'd.  1889,  196; 
1893,  266. 

Cal.  Rep.  Cit.     137,  14;    137,  16. 

§  1880.  Election  for  issuance  of  school  bonds.  The 
board  of  trustees,  board  of  education,  or  other  governing 
bodies  of  any  school  district  may,  when  in  their  judgment 
it  is  advisable,  and  must,  upon  a  petition  of  a  majority 
of  the  heads  of  families  residing  in  the  district,  call  an 
election  and  submit  to  the  electors  of  the  district,  whether 
the  bonds  oi  such  district  shall  be  issued  and  sold  for  the 
purpose  of  raising  money  for  purchasing  school  lots,  for 
building,  or  purchasing  one  or  more  schoolhouses,  for 
insuring  the  same,  for  supplying  the  same  with  furniture 
and  necessary  apparatus,  for  improving  the  grounds,  or 
for  any  or  all  of  said  purposes,  for  liquidating  any  in- 
debtedness  already   incurred   for   said   purposes,    and    for 


§§  1S81-1884  PUBLIC    SCHOOLS.  420 

refunding   any   outstanding   valid   indebtedness,    evidenced 
by     bonds,     or     warrants     thereof.     En.     Stats.     1881,     62. 
Am'd.  1885,  8;  1889,  196;  1893,  267;  1895,  245;   1899,  94. 
Cal.  Rep.  Cit.  99,  151;   102,  185;   138,  256. 

§  1881.  Notice  of  election,  how  given.  Such  election 
must  be  called  by  posting  notices,  signed  by  the  board, 
in  three  of  the  most  public  places  in  the  district,  for  not 
less  than  twenty  days  before  the  election;  and  if  there  is 
a  newspaper  published  in  the  county,  by  publishing  such 
notice  therein  not  less  than  once  a  week  for  three  suc- 
cessive weeks.     En.   Stats.   1881,   62. 

§  1882.  What  notice  shall  contain.  Such  notice  must 
contain: 

1.  Time  and  place  of  holding  such  election; 

2.  The  names  of  insp'^ctors  and  judges  to  conduct  the 
same; 

3.  The  hours  during  the  day  in  which  the  polls  will  be 
open; 

4.  The  amount  and  denomination  of  the  bond?;  the  rate 
of  interest  and  the  number  of  years,  not  exceeding  forty, 
the  whole  or  any  part  of  said  bonds  are  to  run.  En.  Stats. 
1881,   62.     Am'd.   1893,   267;    1901,  293;    1903,  41. 

§  1883.  How  election  conducted.  Such  election  shall  be 
conducted  in  conformity  to  the  provisions  of  sections  one 
thousand  five  hundred  and  ninety-six,  one  thousand  five 
hundred  and  ninety-seven,  one  thousand  five  hundred  and 
ninety-eight,  one  thousand  five  hundred  and  ninety-nine, 
one  thousand  six  hundred,  one  thousand  six  hundred  and 
one  thousand  eight  hundred  and  thirty-four,  except  that 
the  words  to  appear  upon  cue  ballots  shall  be  "Bonds — 
Yes"  and  "Bonds — No";  and  except  further  that  persons 
voting  at  such  bond  elections  shall  put  a  cross  (X)  upon 
their  ballots,  with  pencil  or  ink,  after  the  words  "Bonds — 
Yes"  or  "Bonds — No"  (as  the  case  may  be)  to  indicate 
whether  they  have  voted  for  or  against  the  issuance  of 
bonds.     En.   Stats.   1881,   63.     Am'd.   1893,   267;    1905,   190. 

§  1884.  Issuance  of  bonds,  when  directed.  On  the  sev- 
enth day  after  said  election,  at  one  o'clock  P.  M.,  the 
returns  having  been  made  to  the  board  of  trustees,  board 
of  education,  or  other  governing  body  of  such  school 
district,  the  board  must  meet  and  canvass  said  returns, 
and    if    't   appears   that   two   thirds   of   the   votes   cast   at 


421  PUBLIC    SCHOOLS.  §§  1885,  1886 

said  election  was  in  favor  of  issuing  such  bonds,  then  the 
board  shall  cause  an  entry  of  that  fact  to  be  made  upon 
its  minutes,  and  shall  certify  to  the  board  of  supervisors 
of  the  county  all  the  proceedings  had  in  the  premises,  and 
thereupon  said  board  of  supervisors  shall  be  and  they 
are  hereby  authorized  and  directed  to  issue  the  bonds 
of  such  district,  to  the  number  and  amount  provided  in 
such  proceedings,  payable  out  of  the  building  fund  of 
such  district,  naming  the  same,  and  that  the  money  shall 
be  raised  by  taxation  upon  the  taxable  property  in  said 
district,  for  the  redemption  of  said  bonds  and  the  payment 
of  the  interest  thereon;  provided,  that  the  total  amount 
of  bonds  so  issued  shall  not  exceed  five  per  cent  of  the 
taxable  property  of  the  district,  as  shown  by  the  last 
equalized  assessment-book  of  the  county.  En.  Stats.  1881, 
63.     Am'd.  1895,  246. 

§  1885.  Form  of  bonds,  when  payable.  The  board  of 
supervisors  by  an  order  entered  upon  its  minutes  shall 
prescribe  the  form  of  said  bonds  and  of  tbe  interest 
coupons  attached  thereto,  and  must  fix  the  time  when 
the  whole  or  any  part  of  the  principal  of  said  bonds  shall 
be  payable,  which  shall  not  be  more  than  forty  years 
from  the  date  thereof.  En.  Stats.  1881,  63.  Am'd.  1897, 
243;    1903,  40. 

§  1886.  Interest-^Sale  of  bonds.  Said  bonds  must  not 
bear  a  -greater  amount  of  interest  than  eight  per  cent, 
said  interest  to  be  payable  annually  or  semi-annually; 
and  said  bonds  must  be  sold  in  the  manner  prescribed 
by  the  board  of  supervisors,  but  for  not  less  than  par, 
and  the  proceeds  of  the  sale  thereof  must  be  deposited  in 
the  county  treasury  to  the  credit  of  the  building  fund 
of  said  school  district,  and  be  drawn  out  for  the  purposes 
aforesaid  as  other  school  moneys  are  drawn  out.  All 
the  proceedings  of  every  school  district  and  of  every 
board  of  trustees,  board  of  education,  board  of  supervis- 
ors, and  of  all  ofiicers  of  school  districts  and  counties  pur- 
porting to  have  been  taken  under  or  by  authority  of  sec- 
tions one  thousand  eight  hundred  and  eighty  to  one  thou- 
sand eight  hundred  and  eighty-eight,  inclusive,  of  the 
Political  Code,  shall  be  valid  in  the  same  manner  and  to 
the  same  extent  as.  if  sections  one  thousand  eight  hun- 
dred and  eighty  and  one  thousand  eight  hundred  and 
eighty-four  of  said  code,  at  the  time  when  sucn  proceed- 
ings were  taken,  in  express  language  empowered  the  gov- 


§  1887  PUBLIC    SCHOOLS.  /22 

erning  body  of  all  school  districts,  by  whatever  name  such 
governing  body  should  be  known,  to  call  elections  for 
the  purposes  set  forth  in  said  section  one  thousand  eight 
hundred  and  eighty,  and  to  receive  and  canvass  returns, 
to  cause  a  minute  entry  of  the  result  of  elections,  and  to 
certify  proceedings  to  the  board  of  supervisors,  as  pro- 
vided by  said  section  one  thousand  eight  hundred  and 
eighty-four.  And  all  bonds  of  school  districts  purporting 
to  have  been  issued  under  or  by  virtue  of  any  or  all  of 
the  following  scetions,  to  wit:  sections  one  thousand 
eight  hundred  and  eighty,  one  thousand  eight  hundred 
and  eighty-one,  one  thousand  eight  hundred  and  eighty- 
two,  one  thousand  eight  hundred  and  eighty-three,  one 
thousand  eight  hundred  and  eighty-four,  one  thousand 
eight  hundred  and  eighty-five,  one  thousand  eight  hun- 
dred and  eighty-six,  one  thousand  eight  hundred  and 
eighty-seven,  and  one  thousand  eight  hundred  and  eighty- 
eight,  of  the  Political  Code,  shall  be  valid  in  the  same 
manner  and  to  the  same  extent  as  if  said  sections  used 
the  words  "board  of  education,  board  of  trustees,  or  other 
governing  body,"  in  place  of  the  words  "board  of  trus- 
tees," whenever  the  words  "board  of  trustees"  occur  in 
said  sections.    En.  Stats.  1881,  63.    Am'd.  1895,  246. 

§  1887.  Tax  for  interest  and  redemption  of  bonds.  The 
board  of  supervisors,  at  the  time  of  making  the  levy  of 
taxes  for  county  purposes,  must  levy  a  tax  for  that  year 
upon  the  taxable  property  in  such  district,  for  the  interest 
and  redemption  of  said  bonds,  and  such  tax  must  not 
be  less  than  sufficient  to  pay  the  interest  of  said  bonds 
for  that  year,  and  such  portion  of  the  principal  as  is  to 
become  due  during  such  year,  and  in  any  event  must 
be  high  enough  to  raise,  annually,  for  the  nrst  half  of  the 
term  said  bonds  have  to  run,  a  sufficient  sum  to  pay  the 
interest  thereon;  and  during  the  balance  of  the  term, 
high  enough  to  pay  such  annual  interest,  and  to  pay, 
annually,  a  proportion  of  the  principal  of  said  bonds  equal 
to  a  sum  produced  by  taking  the  whole  amount  of  said 
bonds  outstanding  and  dividing  it  by  the  number  of 
years  said  bonds  then  have  to  run;  and  all  moneys  so 
levied,  when  collected,  shall  be  paid  into  the  county  treas- 
ury to  the  credit  of  the  building  fund  of  such  district, 
and  be  used  for  the  payment  of  principal  and  interest  on 
said  bonds,  and  for  no  other  purpose.  The  principal  and 
interest  on  said  bonds  shall  be  paid  by  the  caunty  treas- 


42J  PUBLIC   SCHOOLS.  88  1888.  18^39 

urer,  upon  the  warrant  of  the  auditor,  out  of    the    fund 
provided  therefor;   and  it  shall  be  the  duty  of  the  auditor 
to  cancel  and  file  with  the  treasurer  the  bonds  and  cou- 
pons as  rapidly  as  they  are  paid.    En.  Stats.   1881,  64. 
Cal.  Rep.  Cit.    99,  151;   108,  284. 

§  1888,  Failure  to  levy  tax,  how  remedied.  If  the  board 
of  supervisors  of  any  county  which  has  issued  bonds  under 
the  provisions  of  this  act,  shall  fail  to  make  the  levy 
necessary  to  pay  such  bonds  or  interest  coupons  at  ma- 
turity, and  the  same  shall  have  been  presented  to  the 
county  treasurer,  and  the  payment  thereof  refused,  the 
owner  may  file  the  bond,  together  with  all  unpaid  coupons, 
with  the  state  controller,  taking  his  receipt  therefor,  and 
the  same  shall  be  registered  in  the  state  controller's  office; 
and  the  state  board  of  equalization  shall,  at  their  next 
session,  and  at  each  annual  equalization  thereafter,  add 
to  the  state  tax  to  be  levied  in  said  district,  a  sufficient 
rate  to  realize  the  amount  of  principal  or  interest  past 
due  prior  to  the  next  levy,  and  the  same  shall  be  levied 
and  collected  as  a  part  of  the  state  tax,  and  paid  into  the 
state  treasury,  and  passed  to  the  special  credit  of  such 
district  bond  tax,  and  shall  be  paid  by  warrants,  as  the 
payments  mature  to  the  holder  of  such  registered  obli- 
gations as  shown  by  the  register  in  the  office  of  the  state 
controller,  until  the  same  shall  be  fully  satisfied  and 
discharged;  any  balance  then  remaining  being  passed  to 
the  general  account  and  credit  of  said  district.  En.  Stats. 
1881,  64. 

§  1889.  Canceling  unsold  bonds.  Whenever  any  bonds 
issued  under  the  provisions  of  this  title  shall  remain  un- 
sold for  the  period  of  six  months  after  having  been 
offered  for  sale  in  the  manner  prescribed  by  the  board  of 
supervisors,  the  board  of  trustees,  or  board  of  education 
of  the  school  district  for  or  on  account  of  which  such 
bonds  were  issued,  or  of  any  school  district  composed 
wholly  or  partly  of  territory  which,  at  the  time  of  holding 
the  election  mentioned  in  section  eighteen  hundred  and 
eighty-three,  was  embraced  within  the  district  for  or  on 
account  of  which  such  bonds  were  issued,  may  petition 
the  board  of  supervisors  to  cause  such  unsold  bonds  to 
be  withdrawn  from  market  and  canceled.  Upon  receiving 
such  petition,  signed  by  a  majority  of  the  members  of 
said  board  of  trustees  or  board  of  education,  the  super- 
visors shall  fix  a  time  for  hearing  the  same,  which  shall 
not  be  more  than  thirty  days  thereafter,  and  shall  cause 


§§  1890,  1891  PUBLIC    SCHOOLS.  O/f 

a  notice,  stating  the  time  and  place  of  hearing,  and  tie 
object  of  the  petition  in  general  terms,  to  be  published 
for  ten  days  prior  to  the  day  of  hearing,  in  some  news- 
paper published  in  said  school  district,  if  there  is  one, 
and  if  there  is  no  newspaper  published  in  said  school 
district,  then  in  a  newspaper  published  at  the  county 
seat  of  the  county  in  which  such  school  or  some  part 
thereof  is  situated.  At  the  time  and  place  designated  in 
the  notice  for  hearing  said  petition,  or  at  any  subsequent 
time  to  which  said  hearing  may  be  postponed,  the  super- 
visors shall  hear  any  reasons  that  may  be  submitted  for 
or  against  the  granting  of  the  petition,  and  if  they  shall 
deem  it  for  the  best  interests  of  the  school  district  named 
in  the  petition  that  such  unsold  bonds  be  canceled,  they 
shall  make  and  enter  an  order  in  the  minutes  of  their  pro- 
ceedings that  said  unsold  bonds  be  canceled,  and  thereupon 
said  bonds,  and  the  vote  by  which  they  were  authorized  to 
be  issued,  shall  cease  to  be  of  any  validity  whatever.  En. 
Stats.  1889,  197. 

§  1890.  Fire  escapes.  Each  school  building  in  the 
state  shall,  if  two  or  more  stories  in  height,  be  provided 
with  suitable  and  sufficient  fire  escapes.  The  trustees  of 
each  school  district  and  the  board  of  education  of  each 
municipal  corporation  must  provide  sufficient  and  suitable 
fire  escapes  for  each  school  building  two  or  more  stories 
in  height  under  their  jurisdiction.     En.  Stats.  1899,  47. 

§  1891.  School  district  in  different  counties. — Concurrent 
action  of  supervisors.  When  any  school  district  is  situated 
partly  in  different  counties,  all  returns,  reports,  certifi- 
cates and  petitions  required  to  be  made  to  the  board  of 
supervisors  by  the  terms  of  sections  one  thousand  eight 
hundred  and  thirty-six,  one  thousand  eight  hundred  and 
eighty-four,  and  one  thousand  eight  hundred  and  eighty- 
nine  of  the  Political  Code,  and  all  action  required  to  be 
taken  by  the  board  of  supervisors,  by  the  terms  of  sections 
one  thousand  eight  hundred  and  eighty-four,  one  thousand 
eight  hundred  and  eighty-five,  and  one  thousand  eight 
hundred  and  eighty-nine,  shall  be  by  concurrent  action  of 
the  respective  boards  of  supervisors  of  every  county  in 
which  any  portion  of  said  district  may  be  situated.  And 
the  assessor  of  any  such  county  or  counties,  other  than  the 
county  in  which  the  schoolhouse  in  said  district  is  or  Is  to 
be  located,  shall,  prior  to  tlie  time  when  the  board  of  super- 
visors meets  to  make  the  levy  for  county  purposes  In  each 
year,  during  the  term  any  bonds  issued   under  the  pro- 


<25  PUBLIC    SCHOOLS.  S  1892 

visions  of  sections  one  thousand  eight  hundred  and  eighty- 
four,  and  one  thousand  eight  hundred  and  eighty-five  of 
the  Political  Code  are  to  run,  or  in  any  year  when  a 
district  school  tax  shall  have  been  authorized  under  the 
provisions  of  sections  one  thousand  eight  hundred  and 
thirty,  one  thousand  eight  hundred  and  thirty-one,  one 
thousand  eight  hundred  and  thirty-two,  one  thousand  eight 
hundred  and  thirty-three,  one  thousand  eight  hundred  and 
thirty-four,  one  thousand  eight  hundred  and  thirty-five, 
one  thousand  eight  hundred  and  thirty-six,  one  thousand 
eight  hundred  and  thirty-seven,  and  one  thousand  eight 
hundred  and  thirty-nine  of  the  Political  Code  in  any  district 
of  his  county,  certify  to  the  board  of  supervisors  of  the 
county  in  which  the  schoolhouse  in  any  such  district  is  or 
is  to  be  located,  a  statement  of  the  total  value  of  all  the 
taxable  property  of  said  district,  situated  in  his  county, 
as  appears  from  the  last  assessment  roll  of  said  county; 
and  the  board  of  supervisors  of  the  county  in  which  the 
schoolhouse  in  said  district  is  or  is  to  be  located  shall 
determine  the  rate  of  taxation  necessary  to  be  levied  upon 
the  property  of  said  district,  and  for  that  purpose  is  vested 
with  all  the  authority  and  is  subject  to  the  same  rules 
and  limitations  as  boards  of  supervisors  in  cases  where 
the  district  is  not  joint.  After  such  board  of  supervisors 
shall  have  made  such  determination,  the  clerk  of  said  board 
of  supervisors  shall  certify  such  rate  under  the  seal  of  said 
board  to  the  auditor  of  each  county  in  which  any  portion 
of  said  district  is  situated,  and  said  auditors  shall  there- 
upon compute  the  tax  and  enter  the  same  upon  the  assess- 
ment roll  of  the  said  respective  counties.  And  when  any 
money  shall  have  been  collected  for  taxes  under  the 
provisions  of  the  Political  Code,  providing  for  the  collec- 
tion of  taxes  levied  for  a  school  district  tax,  or  to  pay 
the  principal  and  interest  upon  bonds  of  any  school  dis- 
trict situated  in  more  than  one  county,  and  such  money 
shall  have  been  placed  in  the  treasury  of  any  county  other 
than  the  one  in  which  the  schoolhouse  in  said  district  is 
or  is  to  be  located,  the  treasurer  of  such  county  must, 
when  requested  so  to  do  by  the  board  of  trustees  of  said 
district,  forward  all  money  in  such  treasury  to  the  county 
treasurer  of  the  county  in  which  the  schoolhouse  in  said 
district  is  or  is  to  be  located,  who  shall  receive  and  re- 
ceipt for  the  same,  and  place  such  money  in  the  treasury 
of  such  county  to  the  credit  of  the  proper  fund  of  said 
school  district.    En.  Stats.  1901,  683. 

§  1892.  Lost  OP  destroyed  teachers'  certificates.  When- 
ever satisfactory  proof  is  presented  to  a  county  or  city  and 
county  board  of  education  by  a  teacher    to    whom    such 


ENROLLED    MILITIA.  «« 

board  has  heretofore  granted  a  certificate,  in  accordance 
with  law,  that  such  certificate  has  been  destroyed  by  con- 
flagration or  other  public  calamity,  such  board  shall,  with 
out  fee,  issue  to  such  teacher,  in  lieu  of  the  certificate  lost 
or  destroyed  a  new  certificate  of  the  same  kind,  grade,  char- 
acter and  tenure  of  the  certificate  originally  granted.  Such 
proof  shall  consist  of  an  affidavit  by  said  teacher,  giving 
the  grade  of  such  certificate,  the  date  of  issue  if  possible, 
and  upon  what  it  was  issued;  accompanied  by  a  statement 
from  the  county  or  city  and  county  school  superintendent 
to  the  effect  that  such  teacher  had,  in  pursuance  of  the  re- 
quirements of  section  1696  of  the  Political  Code,  filed  his 
certificate  for  record  with  such  official.  Said  proof  of  loss 
or  destruction  of  a  certificate  shall  be  a  credential  upon 
which  a  county  or  city  and  county  school  superintendent 
may  issue  a  temporary  ceriificate,  in  accordance  with  the 
provisions  of  sub.  7th  of  section  1543  of  the  Political  Code. 
En.  June  14,  1906. 

TITLE  IV. 

STATE   MILITIA. 
Chapter  I.     Enrolled    Militia,    §§    1895-1924. 

II.     The   National   Guard,   §§   1925-2112. 
*III.     Calling  and  Drafting  Militia  into  Actual   Ser- 
vice, §§  2039-2066. 
*IV.     Courts-Martial  and  of  Inquiry,  §§   2076-2087. 
*V.     The  Board  of  Military  Auditors,  §§  2093-2105. 
•VI.     Adjutant-General,  §§  2107-2117. 

CHAPTER   I. 

Chapter  repealed  and  new  chapter  substituted  March  18, 

1905.     Stats.   1905.   285. 

ENROLLED    MILITIA. 

§  1895.  Who   are   subject   to   military   duty. 

§  1896.  Who  are   exempt   from   military   duty. 

§  1897.  Assessor   to  enroll  persons   subject  to  military  duty. 

§  1898.  Penalty    for   dereliction    as    to   enrollment. 

§  1899.  Board    of    equalization    to   correct    the    roll. 

§  1900.  Duplicate   copy    foi  warded    to   brigadier-general. 

§  1901.  Compensation    of   assessors. 

§  1902.  Muster   roll    to    "je   made  by   brigadier-general. 

§  1903.  Special    enrollment. 

§  1904.  Notice   of   enrollment.    Exemption   claims. 

5  1905.  Examination   of   a.«<sessment   rolls   and   poll   lists. 

5  1906.  Designation   and   classification  of  the  militia. 

§  1907.  Commander-in-chief. 

•Chapters  III.  IV,  V  and  VI  were  repealed  by  implication  If  not  ex- 
pressly by  Acta  ofMarch  18,  1905,  Statutes  1905,  pp.  258  and  285.  which 
expressly  reixaled  Chapters  I  and  II  and  substituted  new  chapters 
therefor.    These  two  new  chapters  constitute  Title  IV. 


<27  ENROLLED    MILITIA.  §§  1895-1897 

§  190S.  Staff    of    commander-in-chief. 

§  1909.  Militia,  when  and  by  whom  it  may  be  called  into  active  ser- 
vice. 

§  19:0.  Drafts  or  volunteers  from  militia. 

§  1911.  Persons    'drafted    to    rendezvous. 

§  1912.  Refusing   to   rendezvous,    penalty   for. 

§  1013.  Substitutes. 

§  1914.  Oiganization   of   reserve    militia   when   ordered   out. 

§  1915.  Organization   and   command   of   troops   from   different   commands. 

§  1916.  Commission    of   officers   called   into   active   service. 

§  1917.  Proclamation   of   state    of    insurrection. 

§  1918.  Occasions  when  the  Articles  of  War  of  the  United  States  are 
to    be    in    force. 

§  1919.  Laws,  rules,  and  regulations  of  the  United  States  Army;  how 
far   applicable   generally. 

§  1920.  Armed   force   to  otey   orders  of  whom. 

§  1921.  Conduct    of    the    troops. 

§  1922.  Relief   from   civil    or    criminal   liability. 

§  1923.  The   adjutant-general   and   assistants. 

§  1924.  Official    bond. 

§  1895.  Who  are  subject  to  military  duty.  Every  able- 
bodied  male  citizen  of  this  state,  except  Mongolians  and 
Indians,  between  the  ages  of  eighteen  and  i  .rty-five  years, 
not  exempt  by  law,  is  subject  to  military  duty.  But  no 
alien  is  obliged  to  serve  or  bear  arms  against  the  state  to 
which  his  allegiance  is  due.  En.  March  12,  1872.  Am'd. 
1897,  406.     Rep.  1905,  285.     En.  Stats.  1905,  285. 

Constitution,  article  VIII,  devoted  to. 

Military  subordinate  to  civil  power:  See  Const.  Cal., 
art.  I,  sec.  12. 

§  1896.  Wiio  are  exempt  from  military  duty.  The  fol- 
lowing persons  are  exempt  from  military  duty  and  enroll- 
ment: 

(1)  Ministers  of  religion. 

(2)  Civil  and  military  officers  of  the  United  States. 

(3)  Officers  of  foreign  governments. 

(4)  Civil  officers  of  the  State  of  California. 

(5)  ./lembers  of  any  regularly  organized  fire  or  police 
department  in  any  city,  city  and  county,  village  or  town. 

(6)  All  persons  exempted  from  military  duty  by  the 
laws  of  the  United  States.  En.  March  12,  1872.  Rep. 
1905,  285.     En.  Stats.  1905,  285. 

Electors  exempted  from  duty  on  day  of  election:  See 
Const.  Cal.,  art.  II,  sec.  3. 

§  1897.  Assessor  to  enroll  persons  subject  to  military 
duty.  The  county  assessor  of  each  councy  in  this  state 
must,  at  the  same  time  in  each  year  when  he  prepares  a 
roll  containing  the  taxable  inhabitants  of  his  district  or 
county,  «^nroll  all  the  inhabitants  thereof  subject  to  mili- 
tary duty,  two  copies  of  which  roll  must  be  sworn  to  by 


S§  1898-1901  ENROLLED   MILITIA.  4i» 

him,  and  delivered  to  the  clerk  of  the  board  of  supervisors 
at  the  same  time  he  delivers  the  assessment  roll.  In  the 
city  and  county  of  San  Francisco  the  tax  collector  must 
perform  the  duties  by  this  section  imposed  upon  assess- 
ors. En.  March  12,  1872.  Am'd.  1897,  406.  Rep.  1905, 
285.     En.   Stats.   1905,   285. 

§  1898.     Penalty  for  dereliction  as  to  enrollment.    If  any 

assessor,  or  the  tax  collector  of  the  city  and  county  of 
San  Francisco,  neglects  or  refuses  to  perform  any  of  the 
duties  required  of  him  by  this  chapter,  he  is  subject  to 
the  same  liabilities  as  are  provided  by  law  for  a  neglect 
or  refusal  to  perform  any  of  the  duties  required  of  him  in 
the  assessment  of  taxes,  and,  in  addition,  forfeits  not  less 
than  three  hundred,  nor  more  than  one  thousand,  dollars, 
to  be  sued  for  in  the  name  of  the  people  of  the  state,  by 
the  district  attorney  for  the  respective  counties  and  when 
recovered  to  be  paid  into  the  military  fund  of  the  state. 
If  the  clerk  of  the  board  of  equalization  neglects  or  re- 
fuses to  deliver  to  the  brigadier-general  of  the  brigade  to 
which  his  county  belongs  a  copy  of  the  military  assess- 
ment roll,  as  directed  in  this  chapter,  he  forfeits  not  less 
than  three  hundred,  nor  more  than  five  hundred  dollars, 
to  be  sued  for,  recovered,  and  disposed  of  in  the  same 
manner.  En.  March  12,  1872.  Am'd.  1897,  406.  Rep. 
1905,  285.     En.  Stats.  1905,  285. 

§  1899.  Board  of  equalization  to  correct  the  roll.  The 
board  of  equalization  must  correct  the  roll  at  the  same 
time  and  ir  the  same  manner  as  is  prescribed  by  law  for 
the  correction  of  the  assessment  roll.  En.  March  12,  1872. 
Rep.  1905,  285.     En.  Stats.  1905,  286. 

§  1900.  Duplicate  copy  forwarded  to  brigadier-general. 
The  clerk  of  the  board  of  supervisors  must  deliver  to  the 
brigadier-general  of  the  brigade  to  which  his  county  be- 
longs a  copy  or!  such  roll,  certified  by  him,  within  ten  days 
after  the  board  of  equalization  have  completed  their  cor- 
rections. En.  March  12,  1872.  Am'd.  1897,  406.  Rep. 
1905,  285.     En.  Stats.  1905,  286. 

§  1901.  Compensation  of  assessors.  The  compensation 
of  assessors  for  making  out  the  military  roll  must  be  de- 
termined by  the  board  of  supervisors  of  the  several  coun- 
ties, at  the  rate  of  five  dollars  for  each  one  hundred  names 
of  persons  returned  by  the  assessor  as  subject  to  military 
duty.  En.  March  12,  1872.  Rep.  1905,  285.  En.  Stats. 
1905.  286. 


429  ENROLLED  MILITIA.  §§  1902-1904 

§  1902.  Muster  roll  to  be  made  by  brigadier-general. 
Each  brigadier-general  must,  on  the  first  Monday  in  Oc- 
tober of  each  year,  malie  from  the  rolls  received  by  him  a 
muster  roll,  showing  the  number  of  persons  within  the 
limits  of  his  command  subject  to  military  duty,  the  origi- 
nal of  which,  signed  by  him,  must  be  filed  in  his  office, 
and  a  copy  thereof  transmitted  at  once  to  the  adjutant- 
general.  En.  March  12,  1872.  Rep.  1905,  285.  En.  btats. 
1905,  286. 

§  1903.  Special  enrollment.  Whenever  the  governor 
shall  deem  it  necessary,  he  may  order  an  enrollment,  to  be 
made  by  officers  designated  by  him  of  all  persons  liable  to 
serve  in  the  militia.  Such  enrollment  shall  state  the 
name,  residence,  age,  and  occupation  of  the  persons  en- 
rolled, and  their  previous  or  existing  military  or  naval 
service.  Two  copies  shall  be  made  thereof,  one  shall  be 
filed  in  the  office  of  the  clerk  of  the  county  or  city  and 
county  in  which  the  enrollment  is  made,  and  the  original 
in  the  office  of  the  adjutant-general.  If  the  commander- 
in-chief  so  directs,  such  enrollment  shall  show  separately 
all  the  seafaring  men  of  whatever  calling  or  occupation, 
all  men  engaged  in  the  navigation  of  the  rivei-s,  lakes,  and 
other  waters  of  the  state,  or  in  the  construction  and  man- 
agement of  ships  and  crafts,  together  with  shipowners 
and  their  employees,  yacht  owners,  members  of  yacht 
clubs,  and  all  other  associations  for  aquatic  pursuits.  En. 
Stats.  1903,  286. 

§  1904.  Notice  of  enrollment.  Exemption  claims.  The 
officer  making  the  enrollment  provided  in  preceding  sec- 
tion, shall  at  the  time  of  making  the  same,  serve  a  notice 
of  such  enrollment  upon  each  person  enrolled,  by  deliver- 
ing such  notice  to  him  or  leaving  it  with  some  person  of 
suitable  age  and  discretion,  at  his  place  of  residence  if 
known,  if  not  known,  then  by  mailing  such  notice  to  his 
last  known  place  of  residence.  The  return  of  the  enroll- 
ing officer  filed  with  the  original  roll  showing  such  mail- 
ing of  such  notice  shall  be  prima  facie  evidence  of  ser- 
vice. All  persons  claiming  exemption  must  within  fifteen 
days  after  receiving  such  notice,  make  a  written  state- 
ment of  such  exemption  in  duplicate,  each  verified  by 
affidavit  and  file  the  same  in  the  office  of  the  county  clerk, 
who  shall  retain  one  and  forward  the  other  to  the  adju- 
tant-general within  five  days  after  receiving  the  same. 
Such  affidavit  shall  be  made  before  any  officer  authorized 
to  administer  oaths,  including  commissioned  officers  of 
the  National  Guard,  for  which  such  officer  shall  make  no 


§§  ISOS-igOS  ENROLLED  MILITIA.  4W» 

charge.  Such  clerk  shall  thereupon  submit  a  list  of  those 
he  considers  exempt  according  to  law  to  the  adjutant- 
general  for  his  approval  and  if  approved  shall  mark  the 
word  exempt  opposite  their  names;  and  the  remainder  of 
all  thus  enrolled,  not  thus  found  to  be  exempt  shall  con- 
stitute the  militia  of  the  state.  The  commanding  oflBcer 
of  each  organization  in  the  National  Guard  and  the 
heads  of  the  fire  or  police  department  in  each  city,  town, 
city  and  county,  or  county  shall,  whenever  an  enrollment 
is  ordered,  file  in  the  office  of  such  county  clerk  a  certi- 
fied list  of  the  names  of  all  persons  in  his  command  or 
department.  All  blank  forms  required  by  this  section 
shall  be  furnished  by  the  adjutant-general.  En.  Stats. 
1905,  286. 

§  1905.     Examination  of  assessment  rolls  and   poll   lists. 

All  civil  officers  in  each  city,  city  and  county,  county  or 
town  in  this  state  shall  allow  persons  appointed  to  make 
such  enrollment,  at  all  proper  times,  to  examine  their  rec- 
ords and  take  copies  thereof.  All  persons  shall,  upon  the 
application  of  any  person  making  such  enrollment,  give 
the  name  of  and  all  other  proper  information  concerning 
any  person  within  their  knowledge  liable  to  be  enrolled, 
under  a  penalty  of  $10.00  for  every  concealment  or  false 
information,  or  refusal  to  give  the  information  requested, 
to  be  recovered  in  the  name  of  the  people  in  any  court, 
with  costs.     En.   Stats.  1905,  287. 

§  1906.  Designation  and  classification  of  the  militia. 
The  militia  of  the  state  shall  be  divided  into  two  classes: 

(1)  The  active  and 

(2)  The  reserve  militia. 

The  active  militia  shall  consist  of  the  organized  and  uni- 
formed military  forces  of  the  state,  which  shall  be  known 
as  National  Guard  of  California;  the  reserve  militia  shall 
consist  of  all  those  liable  to  serve  in  the  militia,  but  not 
serving  in  the  National  Guard  of  California.  En.  Stats. 
1905,  287. 

§  1907.  Commander-in-chief.  The  governor  of  the  state, 
by  virtue  of  his  oflace,  shall  be  the  commander-in-chief  of 
the  militia  of  the  State  of  California,  except  of  such  por- 
tions as  may  at  times  be  in  the  service  of  the  United 
States.     En.    Stats.    1905,   287. 

§  1908.  Staff  of  commander-in-chief.  The  staff  of  the 
commander-in-chief  shall  consist  of  one  adjutant-general 
with  the  rank  of  brigadier-general,  one  assistant  adjutant 
general,    one   chief   engineer,    one   judge-advocate-general, 


431  ENROLLED    MILITIA.  §§  1909-19U 

one  assistant  inspector-general  (who  shall  be  the  officer 
regularly  detailed  on  duty  with  the  National  Guard  of 
California  by  the  secretary  of  war),  one  surgeon-general 
each  with  the  rank  of  colonel;  one  aid-de-camp  with  the 
rank  of  commander,  additional  aids-de-camp  with  the  rank 
of  lieutenant-colonel,  appointed  by  and  holding  office  at 
the  pleasure  of  the  commander-in-chief,  or  until  their 
successors  are  appointed  and  qualified.  En.  Stats.  1905, 
288. 

§  1909.  Militia,  when  and  by  whom  it  may  be  called  into 
active  service.  In  case  of  war,  insurrection,  rebellion,  in- 
vasion, tumult,  riot,  or  imminent  danger  thereof,  or  resist- 
ance to  the  laws  of  this  state  or  the  United  States;  or 
upon  call  or  requisition  of  the  president  of  the  United 
States;  or  upon  call  of  any  officer  of  the  United  States 
Army  commanding  a  division,  department,  or  district  in 
California,  or  any  United  States  marshal  in  California;  or 
upon  call  of  the  chief  executive  officer  of  any  cicy  or  city 
and  county  or  of  any  justice  of  the  supreme  court  or 
judge  of  the  superior  court  or  of  any  sheriff  setting  forth 
that  there  is  an  unlawful  or  riotous  assembly  with  intent 
to  commit  a  felony,  or  to  offer  violence  to  person  or  prop- 
erty, or  to  resist  the  laws  of  the  state  or  United  States; 
or  upon  call  of  the  sheriff  setting  forth  that  the  civil 
power  of  the  county  is  not  sufficient  to  enable  him  to  exe- 
cute process  delivered  to  him,  the  commander-in-chief  is 
authorized  to  call  into  active  service  such  portion  of  the 
National  Guard  as  may  be  necessary  and  if  the  number 
available  be  insufficient  he  may  call  into  active  service 
such  portion  of  the  reserve  militia  as  may  be  necessary. 
En.  Stats.  1905,  288. 

§  1910.  Drafts  or  volunteers  from  militia.  Whenever  it 
shall  be  necessary  to  call  out  any  portion  of  the  reserve 
militia  for  active  duty,  the  commander-in-chief  shall  desig- 
nate a  certain  officer  or  officers  for  each  county  or  city  and 
county  in  the  state  who  shall  forthwith  proceed  to  draft,  by 
lot,  as  many  of  the  reserve  militia  in  each  county  or  city 
and  county,  or  accept  as  many  volunteers  as  are  required 
by  the  commander-in-chief,  and  shall  forthwith  forward  to 
the  adjutant-general  a  list  of  the  persons  so  drafted  or  ac- 
cepted as  volunteers.    En.  Stats.  1905,  288. 

§  1911.  Persons  drafted  to  rendezvous.  The  persons 
drafted  must  be  summoned  by  the  drafting  officer  in  the 
manner  prescribed  by  law  for  the  summoning  of  witnesses 
in  civil  cases,  the  time  and  place  of  rendezvous  being  stated 
in  the  summons.    En.  Stats.  1905,  288. 


§§  1912-1916  ENROLLED   MILITIA.  432 

§  1912.  Refusing  to  rendezvous,  penalty  for.  Every 
member  of  the  militia  ordered  out,  or  who  volunteers  or 
is  drafted  under  the  provisions  of  this  article,  who  does  not 
appear  at  the  time  and  place  designated  by  his  command- 
ing officer,  or  the  drafting  officer,  within  twenty-four  hours 
from  such  time,  or  who  does  not  produce  a  sworn  certificate 
of  physical  disability  frcm  a  physician  in  good  standing, 
to  so  appear,  shall  be  taken  to  be  a  deserter  and  dealt  with 
as  prescribed  in  the  Articles  of  War  of  the  United  States. 
En.  March  12,  1872.  Am'd.  1875-6,  30;  1877-8,  31;  1887,  83; 
1889,  429;  1893,  104;  1895,  181;  1897,  407;  1901,  580.  Rep. 
1905,  258.     En.  Stats.  1905,  288. 

§  1913.  Substitutes.  Any  person  called  or  drafted  into 
service  may  furnish  as  a  substitute  any  person  fit  for  mili- 
tary duty,  who  has  not  been  called  or  drafted  into  service. 
When  any.  person  drafted  for  service  offers  a  suitable  sub- 
stitute, and  such  substitute  consents  in  writing  to  subject 
himself  to  all  the  duties,  fines,  forfeitures,  and  punishments 
to  which  his  principal  would  have  been  subjected  had  he 
personally  served,  he  must  be  accepted  by  the  officer  mak- 
ing such  draft.  The  person  whose  substitute  is  so  accepted 
is  not  subject  to  draft  during  the  term  of  the  service  of  the 
substitute.  En.  March  12,  1872.  Am'd.  1877-8,  42;  1897. 
407.     Rep.  1905,  258.     En.  Stats.  1905,  289. 

§  1914.  Organization  of  reserve  militia  when  ordered 
out.  The  portion  of  reserve  militia  ordered  out  or  accepted 
into  the  service,  as  indicated  in  selections  1908  and  1909  of 
this  article,  shall  be  immediately  mustered  into  the  service 
of  the  state  for  one  year,  or  such  less  period  as  the  com- 
mander-in-chief may  direct,  and  shall  be  organized  into 
troops,  batteries,  or  companies,  which  may  be  arranged  in 
squadrons,  battalions,  or  regiments,  or  assigned  to  organ- 
izations of  the  National  Guard  already  existing.  The  com- 
mander-in-chief is  authorized  to  appoint  the  officers  neces- 
sary to  commence  or  complete  any  organization  thus 
created.  Such  new  organization  shall  be  equipped,  discip- 
lined and  governed  according  to  the  military  regulations  of 
the  state.  En.  March  12,  1872.  Rep.  1905,  258.  En.  Stats. 
1905,  289. 

§  1915.  Organization  and  command  of  troops  from  dif- 
ferent commands.  Where  troops  are  called  into  active  ser- 
vice from  different  commands,  the  commander-in-chief  may 
make  sur-h  organization  of  said  troops  as  he  may  deem 
nroper,  and  designate  the  officer  or  officers  to  command. 
Rn.  March  12,  1872.     Rep.  1905,  258.     En.  Stats.  1905,  289. 

§  1916.  Commission  of  officers  called  into  active  service. 
The  commission  of  any  officer  called  into  active  service  con- 


433  ENROLLED  MILITIA.  58  1917,  1J18 

tinues  until  he  is  relieved  by  the  order  of  the  governor. 
Upon  the  expiration  of  the  commission  of  any  officer  called 
into  active  service,  or  upon  the  occurrence  of  a  vacancy 
among  the  commissioned  officers  in  active  service,  the  suc- 
cessor shall  be  appointed  by  the  govei-nor.  En.  March  12, 
1872.     Rep.  1905,  258.     En.  Stats.  1905,  289. 

§  1917.  Proclamation  of  state  of  insurrection.  When  the 
governor  is  satisfied  that  the  execution  of  civil  or  criminal 
process  has  been  forcibly  resisted  in  any  county  or  city  and 
county,  by  bodies  o£  men,  or  that  combination  to  resist  the 
execution  of  process  by  force  in  any  county  or  city  and 
county,  or  that  the  civil  offi.cers  of  any  county  or  city  and 
county  are  unable  or  have  failed  for  any  reason  to  enforce 
the  laws  he  may  by  proclamation  declare  the  county  or  city 
and  county  or  any  portion  thereof  to  be  in  a  state  of  insur- 
rection and  may  order  into  the  service  of  the  state,  such 
number  and  description  of  the  organized  National  Guard, 
or  enrolled  militia  as  he  deems  necessary  to  serve  for  such 
term  and  under  the  command  of  such  officer  as  he  may 
•direct.  The  governor  may  when  he  thinks  proper  "revoke 
the  proclamation  of  insurrection  hereby  authorized,  or  de- 
clare that  it  shall  cease  at  the  time  or  in  the  manner 
directed  by  him.  En.  March  12,  1872.  Am'd.  1877-8,  31; 
1880,  55;  1885,  103;  1891,  122;  1901,  581.  Rep.  1905,  258. 
En.  Stats.  1905,  289. 

§  1918.  Occasions  wlien  tlie  Articles  of  War  of  the 
United  States  are  to  be  in  force.  Whenever  any  portion 
of  the  militia  shall  be  on  duty  under  or  pursuant  to  the 
orders  of  the  commander-in-chief,  or  shall  be  on  duty  or 
ordered  to  assemble  for  duty  in  time  of  war,  insurrection, 
invasion,  public  danger,  or  to  aid  the  civil  authorities  on 
account  of  any  breach  of  peace,  tumult,  riot,  resistance  to 
process  of  this  state,  or  imminent  danger  thereof,  or  for 
any  other  cause,  the  Articles  of  War  governing  the  Army 
of  the  United  States,  as  far  as  such  regulations  are  con- 
sistent with  this  title  and  the  regulations  issued  there- 
under, shall  be  in  force  and  regarded  as  a  part  of  this 
chapter  until  said  forces  shall  be  relieved  from  such  duty. 
No  punishment  under  such  rules  and  articles  which  shall 
extend  to  the  taking  of  life  shall,  in  any  case  be  inflicted 
except  in  time  of  actual  war,  invasion,  or  insurrection, 
•declared  by  proclamation  of  the  governor  to  exist  and  then 
only  after  the  approval  by  the  commander-in-chief  of  the 
sentence  inflicting  such  punishment.  Imprisonment  other 
than  in  the  guard-house  shall  be  executed  in  jails  or  in 
prisons  designated  by  the  commander-in-chief  for  the  pur- 

Pol.  Co'de— 28 


§§  1919-1922  ENROLLED   MILITIA.  4M 

pose.    En.    March   12,   1872.     Am'd.    1877-8,   31;    1897,   407; 
1901,  581.     Rep.  1905,  258.     En.  Stats.  1905,  290. 

§  1919.  Laws,  rules,  and  regulations  of  the  United 
States  Army;  how  far  applicable  generally.  The  laws, 
Articles  of  War,  and  the  rules  and  regulations  for  the  gov- 
ernment of  the  Army  of  the  United  States,  so  far  as  the 
same  may  be  applicable  and  not  inconsistent  with  the  laws 
of  this  state,  and  the  rules  and  regulations  prescribed  by 
the  governor,  constitute  the  rules  and  regulations  for  the 
government  of  the  National  Guard.  En.  March  12,  1872. 
Am'd.  1895,  81;  1897,  407.  Rep.  1905,  258.  En.  Stats.  1905. 
290. 

§  1920.  Armed  force  to  obey  orders  of  whom.  When  an 
armed  force  is  called  out  for  the  purpose  of  suppressing  an 
unlawful  or  riotous  assembly,  or  arresting  the  offenders,  and 
is  placed  under  the  temporary  direction  of  any  civil  officer, 
it  mxust  obey  the  orders  in  relation  thereto  of  such  civil 
officer,  provided  that  the  orders  of  the  civil  officer  shall  ex- 
tend only  to  a  direction  of  the  general  or  specific  object  to 
be  accomplished  and  the  duration  of  the  service  by  the 
active  militia,  but  the  tactical  direction  of  the  troops,  the 
kind  and  extent  of  force  to  be  used  and  the  particular 
means  to  be  employed  to  accomplish  the  object  specified 
by  the  civil  officers  are  left  solely  to  the  commanding  of- 
ficer of  the  active  militia  on  duty.  En.  March  12,  1872. 
Am'd.  1901,  581.     Rep.  1905,  258.     En.  Stats.  1905,  290. 

§  1921.  Conduct  of  the  troops.  Whenever  any  portion 
of  the  National  Guard  or  enrolled  militia  shall  have  been 
called  into  active  service  to  suppress  an  insurrection  or  re- 
bellion, to  disperse  a  mob,  or  to  enforce  the  execution  of 
the  laws  of  the  state  or  of  the  United  States,  the  command- 
ing officer  shall  use  his  own  discretion  with  respect  to  the 
propriety  of  attacking  or  firing  upon  any  mob  or  unlawful 
assembly;  and  his  honest  and  reasonable  judgment  in  the 
exercise  of  his  duty  shall  be  full  protection,  civilly  and 
criminally,  for  any  act  or  acts  done  while  on  duty.  No 
officer  who  has  been  called  out  to  sustain  the  civil  authori- 
ties shall,  under  any  pretense,  or  in  compliance  with  any 
order,  fire  blank  cartridges  upon  any  mob  or  unlawful  as- 
semblages under  penalty  of  being  cashiered  by  sentence  of 
a  court  martial.  En.  March  12,  1872.  Am'd.  1877-8,  41. 
Rep.  1905,  258.     En.  Stats.  1905,  290. 

§  1922.  Relief  from  civil  or  criminal  liability.  Members 
of  the  militia  ordered  into  active  service  of  the  state  by  any 


435  ENROLLED     MILITIA.  $  1923 

proper  authority  shall  not  be  liable  civilly  or  criminally,  for 
any  act  done  by  them,  in  line  of  duty.  When  a  suit  or  pro- 
ceeding shall  be  commenced  in  any  court  by  any  person 
against  any  officer  of  the  militia  for  any  act  done  by  such 
officer  in  his  official  capacity  in  the  discharge  of  any  duty 
under  this  chapter,  or  against  any  person,  acting  under  the 
authority  or  order  of  any  such  officer  or  by  virtue  of  any 
warrant  issued  by  him  pursuant  to  law  it  shall  be  the  duty 
of  the  attorney-general  to  defend  such  officer  or  person  and 
the  attorney-general  may  call  upon  the  district  attorney  of 
the  county,  or  city  and  county  in  which  the  action  is 
brought  to  assist  him.  En.  March  12,  1872.  Am'd.  1877-8, 
32.      Rep.  1905,  258.     En.  Stats.  1905,  291. 

§  1923.  The  adjutant-general  and  assistants.  The  adju- 
tant-general shall  be  in  control  of  the  military  department 
of  the  state,  and  subordinate  only  to  the  governor  in  mat- 
ters pertaining  to  said  department.  He  will  perform  such 
duties  as  are  prescribed  in  this  title,  or  required  by  the 
commander-in-chief,  and  such  other  duties  consistent  with 
the  regulations  and  customs  of  the  United  States  Army  as 
may  be  required  by  the  commander-in-chief.  He  shall  be 
ex-officio  chief  of  staff,  quartermaster-general,  chief  of 
ordnance,  commissary-general,  inspector-general,  and  pay- 
master-general. All  duties  of  the  adjutant-general  shall  be 
performed  under  the  direction  of  the  commander-in-chief. 

(1)  He  shall  keep  a  I'egister  of  all  the  officers  of  the 
militia  of  the  state,  and  keep  in  his  office  all  records  and 
papers  required  to  be  kept  and  filed  therein,  and  make  a  re- 
port on  or  before  the  15th  day  of  September  in  each  year 
to  the  governor,  including  a  detailed  statement  of  all 
moneys  received  and  disbursed  by  him  for  military  pur- 
poses during  that  year  and  the  number  and  condition  of 
the  National  Guard. 

(2)  He  shall,  at  the  expense  of  the  state  when  necessary, 
cause  the  military  law,  the  general  regulations  of  the  state, 
and  Articles  of  War  of  the  United  States  to  be  printed,  in- 
dexed, and  bound  in  proper  and  compact  form  and  distrib- 
uted to  the  commissioned  officers. 

(3)  He  shall  cause  to  be  prepared  and  issued  all  necessary 
blank  books,  blanks,  and  notices  required  to  carry  into  full 
effect  the  provisions  of  the  title.  All  such  books  and  blanks 
shall  be  and  remain  the  property  of  the  state. 

(4)  The  seal  now  used  in  the  office  of  the  adjutant-general 
shall  be  the  seal  of  his  office,  and  shall  be  delivered  by  him 
to  his  successor.  All  orders  issued  from  his  office  shall  be 
authenticated  with  his  seal. 


§  1923  ENROLLED     MILITIA.  436 

(5)  The  adjutant-general  shall  have  one  assistant  adju- 
tant-general, appointed  and  commissioned  by  the  com- 
mander-in-chief, as  provided,  upon  the  recommendation  of 
the  adjutant-general;  one  chief  clerk,  three  clerks,  one 
stenographer,  and  one  armorer.  The  clerks,  stenographer 
and  armorer  shall  be  appointed  by  the  adjutant-general. 

(6)  In  order  that  the  National  Guard  of  the  state  may 
receive  the  benefit  of  the  funds  provided  by  congress,  it 
shall  be  the  duty  of  the  adjutant-general  of  the  state  to  pre- 
pare and  submit  a  plan  of  proposed  field  or  camp  service 
of  instruction  for  the  ensuing  year,  with  an  estimate  of 
the  funds  required  for  payment,  subsistence,  and  transpor- 
tation of  the  portion  of  the  National  Guard  participating 
therein;  said  estimate  to  furnish  the  details  and  to  be 
made  out  in  the  form  required  by  instructions  from  the 
secretary  of  war. 

(7)  He  shall  make  such  regulations  pertaining  to  the 
preparation  of  reports  and  returns  and  to  the  care  and 
preservation  of  property,  in  possession  of  the  state  for  mili- 
tary purposes,  whether  belonging  to  the  state  or  to  the 
United  States,  as  in  his  opinion  the  conditions  demand; 
such  regulations  to  be  operative  and  in  force  when  promul- 
gated in  the  form  of  general  orders,  circulars  or  letters  of 
instructions. 

(8)  He  shall  attend  to  the  care,  preservation,  and  safe- 
keeping, and  repairing  of  the  arms,  ordnance,  accouter- 
ments,  equipments,  and  all  other  military  property  belong- 
ing to  the  state,  or  issued  to  the  state  by  the  government 
of  the  United  States  for  the  purpose  of  arming  and  equip- 
ping the  organized  militia.  All  military  property  of  the 
state  which,  after  a  proper  inspection,  shall  be  found  un- 
suitable for  the  use  of  the  state,  shall,  under  the  direction 
of  the  governor,  be  disposed  of  by  the  adjutant-general  at 
public  auction  after  suitable  advertisement  of  sale,  daily 
for  ten  days,  in  at  least  one  newspaper  published  in  the 
English  language  in  the  city  or  county  where  the  sale  is 
to  take  place;  or  the  same  may  be  sold  at  private  sale 
when  so  ordered  by  the  governor.  He  shall  bid  in  the  prop- 
erty or  suspend  the  sale  whenever,  in  his  opinion,  better 
prices  may  or  should  be  obtained.  He  shall,  from  time  to 
time,  render  to  the  governor  a  just  and  true  account  of  the 
sales  made  by  him,  and  shall  expend  the  proceeds  of  the 
same  in  the  purchase  of  other  military  property,  as  the 
governor  may  direct. 

He  shall  be  responsible  for  all  the  arms,  ordnance,  ac- 
couterments,  equipments,  and  other  military  property  which 
may   be   issued   to   the   state  by   the   secretary   of  war  in 


437  ENROLLED    MILITIA.  §  1923 

compliance  with  law;  and  it  shall  thereafter  be  his  duty  to 
prepare  returns  of  said  arms  and  other  property  of  the 
United  States  at  the  times  and  in  the  manner  requested 
by  the  secretary  of  war. 

He  shall,  upon  the  order  of  the  governor,  turn  in  to  the 
ordnance  department  of  the  United  States  Army  the  rifles, 
carbines,  bayonets,  bayonet  scabbards,  gun  slings,  belts,  and 
such  other  necessary  accouterments  and  equipments,  the 
property  of  the  United  States  and  now  in  possession  of  tbe 
state,  which  may  be  replaced,  from  time  to  time,  by  new 
arms,  equipments,  etc.,  sent  by  the  United  States  in  sub- 
stitution therefor,  and  cause  the  same  to  be  shipped,  under 
instructions  from  the  secretary  of  war,  to  the  designated 
arsenal  or  depot  at  the  expense  of  the  United  States.  And 
when  the  National  Guard  of  the  state  shall  be  fully  armed 
and  equipped  with  standard  service  magazine  arms  and  the 
standard  equipment  and  accouterment  of  the  United  States 
Army,  he  shall  cause  all  the  remaining  arms,  equipments, 
etc.,  the  property  of  the  United  States  and  in  possession  of 
the  state,  to  be  transferred  and  shipped  as  above  directed. 

(9)  He  shall  keep  a  just  and  true  account  of  all  expenses 
necessarily  incurred,  including  pay  of  otilcers  and  enlisted 
men,  subsistence  of  militia,  transportation  of  the  militia, 
and  of  all  military  property  of  the  state,  and  such  expenses 
shall  be  audited  and  paid  in  the  same  manner  as  other  mili- 
tary accounts  are  audited  and  paid. 

(10)  He  shall  issue  such  military  property  as  the  gov- 
ernor shall  direct,  and  under  his  direction  make  purchases 
for  that  purpose.  No  military  property  shall  be  issued  to 
persons  or  organizations  other  than  those  belonging  to  the 
active  militia,  except  to  such  portions  of  the  reserve  militia 
as  may  be  called  out  by  the  governor. 

Purchases  of  property  not  exceeding  $100  in  value  shall 
be  made  in  such  manner  as  the  adjutant-general  shall 
direct.  If  such  purchase  requires  an  expenditure  exceeding 
$100  and  not  exceeding  $500,  the  adjutant-general  shall 
procure  written  proposals  to  furnish  such  property  from  at 
least  two  parties  and  shall  purchase  such  property  from  the 
lowest  responsible  bidder. 

If  such  purchase  shall  require  the  expenditure  of  a  sum 
exceeding  $500,  he  shall  publicly  advertise,  for  not  less 
than  ten  days,  for  sealed  proposals  for  furnishing  such 
property;  such  proposals  shall  be  publicly  opened  by  the 
adjutant-general  at  the  place,  day  and  hour  designated  in 
such  advertisement. 

The  adjutant-general  shall,  if  the  governor  approve,  make 
contract  with  the  lowest  responsible  bidder  to  furnish  such 


§  1924  ENROLLED    MILITIA.  438 

property.  All  proposals  and  contracts  made  under  the 
authority  hereby  conferred  shall  be  filed  in  the  office  of  the 
adjutant-general.  The  adjutant-general  is  authorized  and 
directed,  whenever,  in  his  opinion,  it  shall  be  to  the  in- 
terest of  the  state,  to  require  a  party  who  shall  agree  or 
contract  to  furnish  such  property  to  give  bond  to  the 
people  of  this  state  in  such  sum  and  with  such  surety  as  he 
shall  direct,  conditioned  for  the  faithful  performance  of 
such  agreement  or  contract.  In  case  of  default  such  bond 
shall  be  prosecuted  by  the  attorney-general  and  all  moneys 
recovered  shall  be  applied  by  the  adjutant-general  to  the 
benefit  of  the  National  Guard. 

All  property  purchased  under  the  authority  hereby 
granted  shall  be  inspected  by  an  inspector  or  an  officer  de- 
tailed for  the  TDurpose  bv  the  governor,  and  no  payment 
shall  be  made  therefor  until  it  shall  appear  by  the  certifi- 
cate of  such  officer  that  such  property  is  of  the  kind  and 
quality  specified  in  such  agreement  or  contract. 

In  case  of  insurrection,  invasion,  tumult,  riot,  breaches 
of  the  peace  or  imminent  danger  thereof,  the  governor  may 
temporarily  suspend  the  operation  of  this  paragraph  and 
direct  the  adjutant-general  to  purchase  such  military  prop- 
erty as  may  be  reauired  in  open  market.  He  shall  report 
such  action,  with  the  reasons  therefor,  and  a  statement  of 
the  property  purchased  and  the  prices  paid  therefor,  to  the 
legislature  at  its  next  session. 

fll)  He  shall  render  annually  in  his  report  to  the  gov- 
ernor a  statement  in  detail  showing  the  disposition  and 
condition  of  all  clothing,  ordinance,  arms,  ammunition,  and 
other  military  property  on  hand  or  issued. 

(12)  He  shall  attest  all  commissions  Issued  to  military 
officers. 

(13)  He  will  superintend  the  prenaration  of  all  returns 
and  reports  required  by  the  United  States  from  the  state. 

(l"4)  In  the  absence  of  the  adjutant-general,  the  assistant 
adjutant-general  shall  perform  the  duties  set  forth  in  this 
title.  En.  March  12,  1872.  Rep.  1887,  87.  En.  Stats.  1893, 
108.  Am'd.  1895.  182.  Rep.  1905,  258.  En.  Stats.  1905, 
291. 

§  1924.  Official  bond.  The  adjutant-general  must  exe- 
cute an  official  bond  in  the  sum  of  ten  thousand  ($10,000.00) 
dollars.  En.  March  12,  1872.  Am'd.  1897,  407.  Rep.  1905, 
258.     En.  Stats.  1905,  294. 


439  NATIONAL.    GUARD.  5  192S 


CHAPTER     II. 

Chapter  repealed  and  new  chapter  substituted.    March  18, 

1905.     Stats.  1905,  258. 

•THE  NATIONAL  GUARD. 

Article    I.  Composition   and    Strength,    §§    1925-1935. 

II.  Commissioned    Officers,    §§    1951-1968. 

III.  Enlisted   Men,    §§    1980-1986. 

IV.  Service   of   National   Guard,    §§    2003-2014. 
^.  Military   Courts,    §§    2018-2028. 

VI.  Arms,   Uniform  and  Equipment,    §§   2039-2046. 

VII.  Pay  and   Allowance,    §§   2076-2086. 

Vin.  Privileges,    Prohibitions,    etc.,    §§    2093-2106. 

IX.  Naval  Militia,    §§   2111,   2112. 


ARTICLE    I. 

COMPOSITION    AND    STRENGTH. 

§  1925.  Composition  and  strength. 

§  1926.  Brigades. 

§  1927.  Authority   of   commander-in-chief. 

§  1928.  Staff  of  brigadier-general. 

§  1929.  Medical   department. 

§  1930.  Company  of  engineers. 

§  1931.  Signal  corps. 

§  1932.  Coast   artillery. 

§  1933.  Cavalry. 

§  1934.  Infantry. 

§  1935.  Field  music. 

§§  1936-1946.     Repealed. 

§  1925.  Composition  and  strength.  The  National  Guard 
of  California  shall  consist  of  one  company  of  engineers, 
two  companies  of  signal  men,  not  less  than  four  compan- 
ies of  coast  artillery,  four  troops  of  cavalry,  not  to  exceed 
sixty  companies  of  infantry,  the  medical  department,  not  to 


•See   appendix   "National  Guard"   for  former  provisions. 


§§  1926-1928  NATIONAL,    GUARD,  440 

exceed  seven  divisions  of  the  naval  militia,  the  officers  of 
the  staff  of  the  commander-in-chief,  officers  on  the  retired 
list,  and  such  officers  and  enlisted  men  as  are  authorized 
by  law.  The  total  number  of  companies  of  all  arms  of 
the  service  shall  not  exceed  seventy-eight.  En.  March 
12,  1872.  Am'd.  1877-8,  32.  Rep.  1905,  258.  En.  Stats. 
1905,  259. 

§  1926.  Brigades.  Such  portion  of  the  National  Guard 
as  the  commander-in-chief  may  designate  shall  be  organ- 
ized into  two  brigades,  each  commanded  by  a  brigadier- 
general.  En.  March  12,  1872.  Am'd.  1877-8,  32.  Rep. 
1905,  2.58.     En.  Stats.  1905,  259. 

§  1927.  Authority  of  commander-in-chief.  The  comman- 
der-in-chief shall  have  power  to  fix  the  limits  of  each  bri- 
gade, to  assign  troops  thereto,  to  provide  for  the  location 
and  organization  of  companies  to  fill  any  vacancies  that 
may  occur;  to  transfer,  attach,  consolidate,  or  disband 
companies;  to  organize  and  reorganize  battalions,  squad- 
rons, and  regiments.  He  shall  have  power  to  designate 
the  number  of  noncommissioned  officers  and  privates  that 
shall  constitute  the  companies  of  the  various  arms  of  the 
service,  conforming  as  nearly  as  possible  to  the  organiza- 
tion of  like  companies  of  the  Regular  Army;  provided, 
that  he  shall  not  organize  a  company  consisting  of  less 
than  fifty  enlisted  men.  When  changes  in  the  organiza- 
tion of  companies  or  in  the  number  of  noncommissioned 
officers  or  privates  shall  be  made  in  the  Regular  Army, 
the  commander-in-chief  will  cause  like  changes  to  be 
made  in  the  organization  of  the  National  Guard.  The 
authority  above  given  also  applies  to  the  hospital  corps, 
bands,  and  all  other  enlisted  men  of  the  National  Guard. 
En.  March  12,  1872.  Am'd.  1877-8,  32.  Rep.  1905,  258. 
En.  Stats.   1905,  259. 

§  1928.  Staff  of  brigadier-general,  "i^e  staff  of  a  briga- 
dier-general shall  consist  of  one  assistant  adjutant-general, 
with  the  rank  of  lieutenant-colonel;  one  brigade  inspector 
(who  shall  act  as  Inspector  of  small  arms  practice),  one 
quartermaster  (who  shall  act  as  paymaster),  one  commis- 
sary, one  judge-advocate,  each  with  the  rank  of  major; 
one  surgeon,  with  the  rank  of  lieutenant-colonel;  and  two 
aids,  with  the  rank  of  first  lieutenant.  En.  March  12,  1872. 
Am'd.  1877-8,  32.     Rep.  1905,  258.     En.  Stats.  1905,  259. 


441  NATIONAL    GUARD.  S8  1929- U33 

§  1929.  Medical  department.  The  medical  department 
shall  consist  of  one  surgeon-general,  with  the  rank  of 
colonel  on  the  staff  of  the  commander-in-chief;  two  sur- 
geons, with  the  rank  of  lieutenant-colonel  on  the  staff  of 
the  brigadier-generals;  fivf^  surgeons,  with  the  rank  of 
major;  and  twenty  assis*^^nt  surgeons,  with  the  rank  of 
first  lieutenant,  who  shall  be  promoted  to  captains  after 
five  years'  service.  The  assignments  of  medical  oflacers  to 
duty  shall  be  made  by  the  commander-in-chief,  upon  the 
recoipmendation  of  the  surgeon-general.  The  number  of 
sergeants,  first  class:  sergeants,  corporals,  privates,  first 
class:  and  privates  of  the  hospital  corps,  shall  be  desig- 
natea  by  the  commander-in-chief,  bui  shall  not  exceed  such 
a  number  as  may  be  required  to  make  the  proper  details 
to  the  various  organizations,  as  prescribed  by  the  United 
States  Army  regulations,  manuals,  or  orders;  provided, 
that  in  emergencies,  or  when  there  is  great  necessity 
therefor,  the  commander-in-chief  may  authorize  the  en- 
listment of  not  to  exceed  one  hundred  additional  men  for 
the  purpose  of  the  temporary  organization  of  an  ambu- 
lance company  or  of  a  field  hospital,  or  both,  and  such 
other  detachments  as  the  necessitites  of  the  service  may 
require.  Details  of  enlisted  men  of  the  hospital  corps 
shall  be  made  by  the  surgeon-general.  En.  March  12, 
1872.  Am'd.  1885,  103;  1887,  83;  1895,  182.  Rep.  1905, 
258.     En.  Stats.   1905,  259. 

§  1930.  Company  of  engineers.  A  company  of  engineers 
shall  consist  of  one  captain,  one  first  lieutenant,  one  sec- 
ond lieutenant,  and  not  less  than  fifty  enlisted  men.  En. 
March  12,  1872.  Am'd.  1877-8,  32.  Rep.  1905,  258.  En. 
Stats.  1905,  260. 

§  1931.  Signal  corps.  Each  company  of  signal  men 
shall  consist  of  one  captain,  one  first  lieutenant,  one  sec- 
ond lieutenant,  and  not  to  exceed  fifty  enlisted  men.  En. 
March  22,  1872.    Rep.  1905,  258.     En.  Stats.  1905,  260. 

§  1932.  Coast  artillery.  The  four  companies  of  coast 
artillery  shall  be  organized  into  a  battalion,  with  the  fol- 
lowing designated  officers  and  noncommissioned  officers: 
One  major,  three  extra  first  lieutenants,  to  be  available 
for  detail  as  battalion  adjutant,  battalion  quartermaster, 
and  battalion  commissary,  and  such  other  details  as  may  be 
authorized  by  law  and  regulations;   one  battalion  sergeant 

16 


§§  1933-1935  NATIONAL.    GUARD.  442 

major,  one  quartermaster  sergeant,  one  commissary  ser- 
geant, one  electrician  sergeant,  two  color  sergeants,  and 
each  company  shall  have  the  following  officers:  One  cap- 
tain, one  first  lieutenant,  and  one  second  lieutenant.  En. 
March  12,  1872.  Am'd.  1877-8,  33;  1895,  182.  Rep.  1905, 
258.     En.  Stats.  1905,  260. 

§  1933.  Cavalry.  The  four  troops  of  cavalry  shall  be  or- 
ganized into  a  squadron,  with  the  following  designated  offi- 
cers and  noncommissioned  officers:  One  major,  three  extra 
first  lieutenants,  to  be  available  for  detail  as  squadron 
adjutant,  squadron  quartermaster,  and  squadron  commis- 
sary, and  such  other  details  as  may  be  authorized  by  law 
and  regulations;  one  veterinarian  (veterinary  surgeon), 
one  squadron  sergeant  major,  one  squadron  quartermaster 
sergeant,  one  squadron  commissary  sergeant,  and  two 
color  sergeants.  Each  troop  of  cavalry  shall  have  the  fol- 
lowing officers:  One  captain,  one  first  lieutenant,  and  one 
second  lieutenant.  En.  March  12,  1872.  Rep.  1905,  258. 
En.  Stats.  1905,  260. 

§  1934.  Infantry.  Each  regiment  of  infantry  shall  con- 
sist of  one  colonel,  one  lieutenant-colonel,  three  majors; 
three  extra  captains,  who  shall  be  available  for  detail  as 
regimental  adjutant,  regimental  quartermaster,  and  regi- 
mental commissary;  three  extra  first  lieutenants,  who 
shall  be  available  for  detail  as  battalion  adjutants;  three 
extra  second  lieutenants,  who  shall  be  available  for  detail 
as  battalion  quartermasters  and  commissaries;  one  chap- 
lain, with  the  rank  of  captain;  one  sergeant  major,  one 
quartermaster  sergeant,  one  commissary  sergeant,  three 
battalion  sergeants  major,  two  color  sergeants,  one  band, 
and  not  less  than  nine  nor  more  than  twelve  companies, 
organized  into  three  battalions.  Each  company  of  infan- 
try shall  have  the  following  officers:  One  captain,  one  first 
lieutenant,  and  one  second  lieutenant:  En.  March  12, 
1872.  Am'd.  1880,  51.  Rep.  1905.  258.  En.  Stats.  1905, 
260. 

§  1935.  Field  music.  Upon  the  application  of  the  com- 
manding officer  of  a  regiment,  or  of  a  battalion  not  part  of 
a  regiment,  or  squadron,  the  commander-in-chief  may  au- 
thorize the  formation  of  the  musicians  of  such  organiza- 
tion into  a  separate  body,  to  be  known  as  "field  music," 
to  consist  of  the  present  enlisted  musicians  and  such 
others  as  may  hereafter  be  enlisted  in  or  transferred  to  it 


443  NATIONAL    GUARD.  58  1936-1946 

as  musicians.  In  regiments  and  battalions  composed  of 
companies,  troops  and  battalions  of  different  location, 
field  musicians  may  be  allowed  on  the  basis  of  two  to  each 
company,  to  be  enlisted  by  the  direction  of  the  command- 
ing officer  of  and  attached  to  the  headquarters  of  such 
regiment  or  battalion.  When  such  regiment  or  battalion 
is  assembled  for  duty,  the  musicians  allowed  to  the  com- 
panies composing  it  shall  be  assigned  to  duty  as  part  of 
the  field  music.  The  commanding  officer  of  an  organiza- 
tion of  which  field  music  is  a  part  may  appoint  and  war- 
rant ffom  its  members  one  quartermaster  sergeant,  one 
sergeant,  and  one  corporal.  En.  March  12,  1872.  Am'd. 
1873-4,  36.     Rep.  1905,  258.     En.  Stats.  1905,  261. 

§  1936.     En.    March    12,    1872.     Am'd.    1873-4,    36;     1877- 
8,  33;  1880,  51;  1897,  408;   1901,  581.     Rep.  1905,  258. 

§  1937.     En.    March    12,    1872.     Am'd.    1877-8,    43.     Rep. 
1905,  258. 

§  1938.     En.    March    12,    1872.     Am'd.    1877-8,    33.     Rep. 
1905,  258. 

§  1939.     En.    March    12,     1872.     Am'd     1901,     583.     Rep. 
1905,  258. 

§  1940.     En.  March   12,   1872.     Rep.   1905,   258. 

§  1941.     En.  Stats.  1877-8,  43.     Am'd.     1880,  51;   1881,  30. 
Rep.  1905,  258. 

§  1942.     En.  Stats.  1877-8,  40     Am'd  1880,  55;   1893,  104; 
1895,  183.     Rep.  1905,  258. 

§  1943.    En.  Stats.  1877-8,  41.     Rep.  1905,  258. 

§  1944.     En.  Stats.  1877-8,  41.     Rep.  1905,  258. 

§  1945.     En.     Stats.     1893,     109.     Am'd     1897,    408.     Rep. 
1905,  258. 

§  1946.     En.    Stats.    1897,    408.     Am'd.    1901,    583.     Rep. 
1905,  258. 


§§  1951,  1952  NATIONAL.    GUARD.  444 

AETICLE  n. 

COMMISSIONED   OFFICERS. 

§  1951.  Commissions. 

§  1952.  Rank  of   officers. 

1953.  Eligibility   requlreil    to   receive   a  commission. 

§  1954.  Examination. 

§  1955.  Examining    boards. 

§  19.=i6.  Elected    officers. 

§  1957.  Appointed   officers. 

§  195S.  Elections. 

1959.  Appeal   from   an  election. 

1960.  Oath    of   office. 

1961.  Resignations,    how    made. 

1962.  Effect    of    line    officers    accepting    commissions    on    staff. 

1963.  Retired   list. 

1964.  Examination   and    discharge   of  officers. 

§  1965.     Absence    or   removal;    when    deemed    resignation. 
§  1966.     Officers   re-elected   not   to   be   re-commissioned.    When   new   com- 
missions  may    be    Issued. 
§  1967.    Dishonorable  discharge  bar  to  re-entry  an-d  to  holding  office. 
5  1968.     Brevet    commissions. 
§§  1969-1977.     Repealed. 

§  1951.  Commissions.  All  officers  shall  be  commis- 
sioned by  the  commander-in-chief,  but  he  may  refuse  to 
issue  a  commission  to  any  person  elected  or  appointed  if  the 
person  elected  or  appointed  be  in  any  way  unqualified  or 
unworthy  to  be  an  officer  in  the  National  Guard;  but  no 
one  shall  be  commissioned  unless  the  conditions  set  forth 
in  sections  1953  and  1954  of  this  chapter  have  been  complied 
with,  and  no  one  shall  be  recognized  as  an  officer  unless 
he  shall  have  been  duly  commissioned  and  shall  have  taken 
the  oath  of  office  and  qualified.  En.  March  12,  1872.  Rep. 
1905,  258.    En.  Stats.  1905,  261. 

§  1952.  Ranl<  of  officers.  All  officers  of  the  National 
Guard  must  take  rank  according  to  the  date  assigned  them 
by  their  commissions,  which  date  shall  be  that  of  their 
election  or  appointment;  and  when  two  of  the  same  grade 
are  of  the  same  date,  their  rank  must  be  determined,  first, 
by  the  length  of  previous  service  as  an  officer  in  the  Na- 
tion Guard;  second,  by  the  length  of  previous  military 
service  in  the  National  Guard;  third,  by  lot.  Officers  of 
the  National  Guard  are  in  all  cases  of  superior  rank  to  offi- 
cers of  the  enrolled  militia  of  the  same  grade,  irrespective 
of  the  dates  of  their  commissions.  En,  March  12,  1872. 
Rep.  1905,  258.    En.  Stats.  1905,  261. 


<45  NATIONAL,    GUARD.  S9  1953,  1954 

§  1953.     Eligibility    required   to     receive     a     commission. 

Commissioned  officers  must  be  citizens  of  tlie  United  States, 
of  the  age  of  eighteen  years  and  upwards.  No  person  who 
has  been  expelled  or  dishonorably  discharged  from  any 
military  or  naval  organization  of  the  United  States,  this 
state,  or  any  other  state  in  the  union,  shall  be  commis- 
sioned in  the  National  Guard  of  California.  No  person 
shall  be  commissioned  unless  he  shall  possess  the  addi- 
tional requirements  herein  prescribed  for  the  particular 
office  to  which  he  is  to  be  commissioned.  A  brigadier- 
general  at  the  time  of  his  appointment  shall  have  served  at 
least  four  years  as  an  officer  in  the  National  Guard  of  Cali- 
fornia, or  in  the  United  States  military  service,  or  both, 
two  years  of  which  shall  have  been  as  a  company  officer, 
or  as  a  field  officer,  or  both.  A  field  officer  at  the  time  of 
his  election  shall  have  served  as  a  company  officer  at  least 
two  years  in  the  National  Guard  of  California,  or  in  the 
United  States  military  service,  or  both,  and  shall  have  qual- 
ified for  such  election  or  examination,  as  provided  in  sec- 
tion 1954.  All  surgeons  and  assistant  surgeons  of  the  Na- 
tional Guard  shall  be  regularly  graduated,  licensed,  and 
practicing  physicians  or  surgeons,  qualified  to  practice  their 
profession  in  California.  All  judge-advocates  of  the  Na- 
tional Guard  shall  be  members  of  the  bar  of  the  supreme 
court  of  the  State  of  California.  All  engineer  officers  of 
the  National  Guard  shall  be  civil  engineers.  All  chaplains 
shall  be  regularly  ordained  ministers.  En.  March  12,  1872. 
Rep.  1905,  258.     En.  Stats.  1905,  262. 

§.  1954.  Examination.  Before  receiving  a  commission 
consequent  upon  an  original  appointment  or  election,  or 
upon  reappointment  or  re-election,  or  before  being  commis- 
sioned to  a  higher  grade  as  a  result  of  promotion,  every  offi- 
cer must  have  passed  a  satisfactory  physical  examination 
before  any  surgeon  of  the  National  Guard,  and  a  satisfac- 
tory examination  before  a  board  of  commissioned  officers 
as  to  his  knowledge  of  military  affairs  and  general  knowl- 
edge and  fitness  for  the  service,  and  any  one  failing  to 
pass  such  examinations  shall  not  be  eligible  for  an  office 
in  the  militia  of  this  state  or  for  promotion  for  a  period  of 
one  year  after  the  date  of  such  failure.  General  officers, 
officers  on  the  staff  of  the  commander-in-chief,  judge-advo- 
cates, medical  officers,  and  chaplains  are  exempt  from  ex- 
amination. En.  March  12,  1872.  Rep.  1905,  258.  En.  Stats. 
1905,  262. 


§§  1955-1957  NATIONAL    GUARD.  44« 

§  1955.  Examining  boards.  Boards  of  examination  un- 
der the  preceding  section  shall  consist  of  three  oflBcers,  two 
of  which  shall  be  line  officers,  and  shall  be  from  organiza- 
tions in  the  immediate  vicinity  in  which  the  board  is  to  sit, 
to  be  detailed  to  sit  at  San  Francisco,  Sacramento,  and  Los 
Angeles,  and  shall  be  detailed  by  the  commander-in-chief. 
Such  boards  shall  have  the  same  power  to  take  evidence, 
administer  oaths,  and  compel  witnesses  to  attend  and  tes- 
tify and  produce  books  and  papers,  and  punish  their  failure 
to  do  so,  as  is  possessed  by  a  general  court-martial.  When 
returns  of  appointments  or  proceedings  of  election  are  re- 
ceived by  a  board,  the  persons  appointed  or  elected  shall 
by  it  be  ordered  before  it  within  twenty  days  for  exam- 
ination. The  board  shall  thoroughly  examine  the  candi- 
date for  a  commission  as  to  his  military  and  general  quali- 
fications and  under  such  regulations  as  the  commander-in- 
chief  may  prescribe;  and,  if  in  the  opinion  of  the  majority 
of  the  board,  he  is  duly  qualified,  the  fact  shall  be  duly 
certified  to  the  commander-in-chief.  En.  March  12,  1872. 
Am'd.  1880,  51.     Rep.  1905,  258.    En.  Stats.  1905,  262. 

§  1956.  Elected  officers.  Field  oflicers  of  a  regiment  or 
battalion  shall  be  elected  by  the  field  and  company  officers 
thereof,  and  they  shall  hold  office  for  the  term  of  four 
years.  All  company  and  troop  officers  shall  be  elected  by 
the  members  of  such  organizations.  Captains  of  such  or- 
ganizations shall  hold  office  for  four  years,  lieutenants  shall 
hold  office  for  three  years.  En.  March  12,  1872.  Rep.  1905, 
258.     En.  Stats.  1905,  263. 

§  1957.  Appointed  officers.  The  brigadier-generals  of 
the  National  Guard  shall  be  appointed  by  the  commander- 
in-chief,  by  and  with  the  advice  and  consent  of  the  senate. 
During  the  time  the  senate  is  not  in  session  the  com- 
mander-in-chief may  make  such  appointment  subject  to 
subsequent  confirmation  by  the  senate.  The  officers  of  the 
staff  of  a  brigadier-general,  the  officers  allowed  to  regi- 
ments, battalions  and  squadrons  for  staff  duty,  surgeons  of 
brigades  and  surgeons  and  assistant  surgeons  of  regiments, 
and  of  battalions  and  squadrons  not  part  of  regiments, 
assistant  surgeons  of  separate  troops  or  companies,  and 
chaplains  shall  be  appointed  by  the  commander-in-chief, 
upon  the  recommendation  of  their  immediate  commanding 
officers,  and  shall  hold  office  during  the  pleasure  of  their 
immediate  commanding  officer  or  until  their  successors  are 
appointed  and  qualified.  When  the  commander-in-chief 
creates  new  organizations,  he  shall  have  the  power,  in  the 


447  NATIONAL   GUARD.  5  1»68 

first  instance,  to  appoint  all  the  officers  necessary  to  con*- 
mence  and  complete  such  organizations,  such  officers  to 
hold  office  for  the  term  of  one  year.  En.  March  12,  1872. 
Am'd.  1891,  122.     Rep.  1905,  268.     En.  Stats.  1905,  263. 

§  1958.  Elections.  Two  months  previous  to  the  expira- 
tion of  the  term  of  service  of  any  officer,  or  upon  a  va- 
cancy occurring  among  the  officers  of  any  organization  at- 
tached to  a  brigade,  the  brigade  commander  must  order  an 
election  therefor  and  designate  an  officer  to  preside  thereat, 
who  must  give  ten  days'  notice  of  his  appointment,  of  the 
time  and  place  of  holding  the  election,  and  of  the  office  to 
be  filled,  which  notice  shall  be  issued  and  promulgated  as 
orders  usually  are  in  the  command.  Such  presiding  officer 
must  make  return  in  duplicate  of  the  election  held,  to  the 
commanding  general  of  the  brigade,  who  shall  forward  one 
copy  of  said  election  return  to  the  proper  examining  board 
and  shall  retain  the  other  copy  at  his  headquarters.  Upon 
receiving  notice  from  the  examining  board  that  the  officer  or 
officers-elect  have  passed  a  successful  examination,  which 
notice  shall  be  indorsed  upon  the  return  of  election  sent  to 
said  board,  he  shall  forward  the  same  through  regular  mili- 
tary channels  for  approval  to  the  adjutant-general,  who, 
upon  finding  the  same  in  accordance  with  the  provisions  of 
law,  orders,  and  regulations,  must  notify  the  commander- 
in-chief  thereof  for  his  consideration,  who,  if  he  approves, 
shall  issue  the  commission.  In  all  elections  for  commis- 
sioned officers  a  majority  of  the  votes  of  those  present  (a 
majority  of  those  entitled  to  vote  being  present)  shall  be 
necessary  to  a  choice.  Should  there  be  no  choice,  the  pre- 
siding officer  shall  adjourn  the  meeting  to  a  time  not  to  ex- 
ceed fifteen  days,  and  at  that  meeting  conduct  another  elec- 
tion; ami,  if  such  second  meeting  result  in  no  choice,  the 
commander-in-chief  shall  be  notified  and  may  then  fill  the 
vacancy  by  appointment.  If  the  officer  elected  or  re-elected, 
and  duly  notified,  does  not  appear  before  said  examining 
board  when  summoned  by  them,  he  shall  be  deemed  to  have 
declined  his  commission,  and  there  shall  be  another  elec- 
tion ordered.  The  filing  of  a  proper  certificate  of  said  board 
with  the  officer  ordering  the  election,  that  the  officer  elected 
or  appointed  has  failed  to  pass  an  examination,  or  declined 
to  appear  before  the  board  when  notified,  shall  be  deemed 
sufficient  for  ordering  a  new  election.  When  vacancies 
occur  at  an  election  through  the  promotion  of  any  officer, 
such  vacancies  may  then  and  there  be  filled  without  further 
order.  The  commander-in-chief  will  issue  like  orders  to 
fill  like  vacancies  in  unattached  organizations.     The  officer 


§5  1959-1962  NATIONAL    GUARD.  448 

designated  to  preside  thereat  must  make  duplicate  returns 
to  the  adjutant-general,  and  the  commander-in-chief  must 
designate  the  board  to  examine  the  officer  or  officers 
elected.  En.  March  12,  1872.  Rep.  1905,  258.  En.  Stats. 
1905,  263. 

§  1959.  Appeal  from  an  election.  Every  person  deeming 
himself  aggrieved  by  the  proceedings  at  an  election  may 
appeal  to  the  commander-in-chief  by  filing  at  the  time  of 
the  election,  with  the  presiding  officer  thereat,  notice  of 
such  intended  appeal,  and  forwarding  to  such  presiding 
officer  a  full  statement  of  the  grounds  of  such  appeal  with- 
in ten  days  from  date  on  which  the  election  took  place,  who 
shall  forward  the  same  through  channels,  together  with 
the  other  returns  of  said  election,  to  the  commander-in- 
chief.  The  commander-in-chief  may  direct,  upon  such  ap- 
peal, an  officer  to  take  testimony  in  the  case  and  to  report 
his  findings,  and  such  officer  shall  have  the  same  power 
to  take  evidence,  administer  oaths,  issue  subpoenas,  and 
compel  witnesses  to  attend  and  testify  and  produce  books 
and  papers,  and  punish  their  failure  to  do  so,  as  is  pos- 
sessed by  a  general  court-martial.  En.  March  12,  1872. 
Am'd.  1891,  122;  1893,  104.  Rep.  1905,  258.  En.  Stats.  1905. 
264. 

§  1960.  Oath  of  office.  Every  officer  duly  commissioned 
shall,  within  ten  days  after  his  commission  is  tendered  to 
him,  or  within  ten  days  after  he  shall  have  been  notified 
personally  or  by  mail  that  the  same  is  held  in  readiness  for 
him  by  a  superior  officer,  take  and  subscribe  the  oath  pre- 
scribed in  section  1982  of  this  chapter.  In  case  of  neglect 
or  refusal  to  take  and  subscribe  such  oath  within  the  time 
mentioned,  such  commission  shall  be  canceled  by  the  com- 
mander-in-chief and  a  new  appointment  shall  be  made  or 
a  new  election  shall  be  ordered  to  fill  the  vacancy.  En. 
March  12,  1872.  Am'd.  1880,  51.  Rep.  1905,  258.  En.  Stats. 
1905,  264. 

§  1961.  Resignations,  Fiow  made.  Any  officer  resigning 
his  commission  must  do  so  in  writing,  addressing  the  ad- 
jutant-general, giving  his  reasons  for  so  resigning,  and  for- 
ward the  same  through  intermediate  commanders,  who  will 
make  their  indorsement  thereon;  and  the  resignation  takes 
effect  when  accepted  by  the  commander-in-chief  and  an- 
nounced in  orders.  En.  March  12,  1872.  Rep.  1905,  258. 
En.  Stats.  1905,  265. 

§  1962.  Effect  of  line  officers  accepting  commissions  on 
staff.    Any  officer  of  a  regiment,  battalion,  or  company  ac- 


449  NATIONAL    GUARD.  9  !»«' 

cepting  any  staff  appointment,  is  held  to  have  resigned  the 
commission  held  by  him  at  the  time  of  said  appointment. 
En.  March  12,  1872.  Am'd.  1877-8,  33;  1877-8.  42;  1880,  56; 
1881,  30;  1885,  104;  1889,  429;  1895,  183;  1897,  408;  1901,  583. 
Rep.  1905,  258.    En.  Stats.  1905,  265. 

§  1963.  Retired  list.  (1)  Any  commissioned  officer  who 
has  become  disabled  from  longer  performing  the  active 
duties  of  his  office,  may,  upon  his  own  application,  be  placed 
upon  the  retired  list;  provided,  that  such  disability  shall 
have  been  incurred  while  in  the  performance  of  duty. 

(2)  If  an  officer  for  the  above  reason  desires  to  be  placed 
upon  the  retired  list,  he  shall  make  application  to  the  com- 
mander-in-chief to  appoint  a  board  of  surgeons,  who  shall 
examine  him  as  to  his  disability,  and  if  such  disability  has 
not  been  incurred  by  reason  of  any  dereliction,  they  shall, 
if  they  deem  proper,  recommend  that  his  application  be 
granted;  and  upon  approval  of  such  application  by  the  com- 
mander-in-chief, the  adjutant-general  shall  issue  orders  re- 
tiring such  officer. 

(3)  Any  commissioned  officer  who  shall  have  served  as 
such  in  the  National  Guard  of  this  state  for  a  period  of 
eight  years,  may,  upon  his  own  application,  be  placed  upon 
the  retired  list,  and  withdrawn  from  active  service  and 
command  with  the  rank  held  by  him  at  the  time  such  ap- 
plication is  made.  And  any  commissioned  officer  who  shall 
have  at  any  time  heretofore  served  as  such  in  the  militia 
or  National  Guard  of  this  state  for  a  period  of  eight  years, 
shall,  upon  his  own  application  and  due  proof  of  such  ser- 
vice, be  placed  upon  the  retired  list  with  the  rank  held  by 
him  at  the  time  of  the  expiration  of  his  commission.  Upon 
applications  as  above  provided  being  duly  made  and  ap- 
proved, the  commander-in-chief  shall  cause  orders  to  be 
issued  retiring  the  officer  who  makes  application  therefor, 
in  accordance  with  the  provisions  of  this  section;  pro- 
vided, however,  that  nothing  herein  contained  shall  be  con- 
strued to  permit  the  placing  upon  the  retired  list  of  any 
oincer  who  shall  have  been  dishonestly  dismissed  from  the 
service. 

(4)  The  officers  on  the  retired  list  shall  only  be  subject  to 
detail  for  duty  by  orders  from  the  commander-in-chief;  and 
he  shall  cause  to  be  issued  such  orders  as  he  may  deem 
necessary,  detailing  them  for  duty  upon  boards  of  officers 
for  military  purposes,  courts-martial,  and  courts  of  inquiry, 
and  for  such  other  military  duties  as,  in  his  judgment,  may 

Pol.  Code— 29 


§§  1964,  1965  NATIONAL.    GUARD.  460 

be  advisable.  When,  however,  oflBcers  on  the  retired  list 
are  detailed  for  active  duty  other  than  upon  boards  of  offi- 
cers, courts-martial,  and  courts  of  inquiry,  they  shall  only 
be  entitled  to  pay  of  the  rank  which  properly  belongs  to 
the  office,  the  duties  of  which  they  are  detailed  to  perform. 
When  the  duty  ends,  or  the  detail  is  canceled,  the  officer 
shall  again  return  to  the  retired  list  with  his  former  retired 
rank.  A  roster  of  all  officers  on  the  retired  list  shall  be 
kept  in  the  adjutant-general's  office. 

(5)  Officers  on  the  retired  list  may  return  to  the  active 
list  by  appointment  or  election,  and  when  such  term  of  ap- 
pointment or  election  shall  cease,  may,  upon  application,  be 
returned  to  the  retired  list  with  the  rank  previously  held 
by  them  on  said  retired  list. 

(6)  Officers  on  the  retired  list  shall,  on  all  occasions  of 
duty,  and  all  occasions  of  ceremony,  take  rank  next  to  offi- 
cers of  like  rank  upon  the  active  list.  En.  March  12,  1872. 
Rep.  1905,  258.     En.  Stats.  1905,  265. 

§  1964.  Examination  and  discharge  of  officers.  The  com- 
mander-in-chief, wftenever  he  may  deem  ihat  the  good  of  the 
service  requires  it,  or  upon  the  request  of  a  brigade  com- 
mander, may  order  any  commissioned  officer  before  a  board 
of  examination,  to  consist  of  not  less  than  three  nor  more 
than  five  officers,  above  the  rank  of  captain,  which  is  hereby 
invested  with  the  powers  of  courts  of  inquiry  and  courts- 
martial,  and  such  board  shall  examine  into  the  moral  char- 
acter, capacity,  and  general  fitness  for  the  service  of  such 
commissioned  officer,  and  record  and  return  the  testimony 
taken  and  a  record  of  its  proceedings.  If  the  findings  of 
such  board  be  unfavorable  to  such  officer  and  be  approved 
by  the  commander-in-chief,  he  shall  be  dismissed  from  the 
service.  No  officer  whose  grade  or  promotion  would  in  any 
way  be  affected  by  the  decision  of  such  board,  in  any  case 
that  may  come  before  it,  shall  participate  in  the  examina- 
tion or  decision  of  the  board  in  such  case.  Failure  to  ap- 
pear when  ordered  before  a  board  constituted  under  this 
section  shall  be  sufficient  ground  for  a  finding  by  such 
board  that  the  officer  ordered  to  appear  be  discharged. 
En.  March  12,  1872.     Rep.  1905,  258.     En.  Stats.  1905,  266. 

§  1965.  Absence  or  removal;  when  deemed  resignation. 
Any  commissioned  officer  who  absents  himself  from  the 
state  for  more  than  thirty  days,  without  the  permission  of 
the  commander-in-chief,  is  deemed  to  have  resigned,  and 


451  NATIONAL    GUARD.  §§  1966-1972 

such  resignation  shall  be  announced  in  orders  from  the  ad- 
jutant-general's office  immediately  after  the  fact  of  such 
absence  becomes  officially  known.  En.  March  12,  1872. 
Am'd.  1880,  57;  1897,  410.  Rep.  1905,  258.  En.  Stats.  1905. 
266. 

§  1966.  Officers  re-elected  not  to  be  re-commissioned. 
When  new  commissions  may  be  issued.  When  an  officer  is 
re-elected,  no  new  commission  issues;  but  a  certificate  of 
such  election  must  be  issued  to  him  by  the  adjutant-gen- 
eral. In  the  event  of  a  commission  being  lost  or  destroyed, 
on  satisfactory  proof  being  given  of  the  same,  the  com- 
mander-in-chief shall  issue  a  new  commission,  with  rank 
from  date  given  in  former  commission.  En  March  12, 
1872.  Am'd.  1897,  410.  Rep.  1905,  258.  En.  Stats.  1905, 
266. 

§  1967.  Dishonorable  discharge  bar  to  re-entry  and  to 
holding  office.  No  dishonorably  discharged  officer  of  the 
National  Guard  of  California  shall  be  permitted  to  hold  any 
office  of  trust  or  emolument,  or  be  permitted  to  again  en- 
ter any  company  of  the  National  Guard,  or  to  be  commis- 
sioned in  the  National  Guard,  except  the  offense  be  par- 
doned by  the  commander-in-chief.  En.  March  12,  1872. 
Rep.   1905,   258.     En.   Stats.  1905,   267. 

§  1968.  Brevet  commissions.  The  commander-in-chief 
may,  upon  the  recommendation  of  their  commanding  offi- 
cers, confer  brevet  commissions  of  a  grade  next  higher  than 
the  ordinary  or  brevet  commissions  ever  held  by  them, 
upon  officers  of  the  National  Guard  in  active  service  for 
gallant  conduct.  Such  commissions  shall  carry  with  them 
only  such  privileges  or  rights  as  are  allowed  in  like  cases 
in  the  military  and  naval  service  of  the  United  States. 
En.  March  12,  1872.  Am'd.  1877-8,  34.  Rep.  1905,  258. 
En.  Stats.  1905,  267. 

§  1969.  En.  March  12,  1872.  Am'd.  1877-8,  43.  Rep. 
1905,   258. 

§  1970.  En.  March  12,  1872.  Am'd.  1877-8,  34;  1880,  56; 
1891,  122;  1895,  184;  1897,  411.     Rep.  1905,  258. 

§  1971.     En.  March  12,  1872.     Rep.  1905,  258. 

§  1972.     En.  March  12,  1872.     Rep.  1905,  258. 


§§  1973-1980  NATIONAL    GUARD.  462 

§  1973.  EH.  Stats.  1877-8,  34.  Am'd.  1880,  51;  1881,  31; 
1891,  123;  1893,  104;  1897,  411.  Rep.  1905,  258. 

§  1973a.  En.  Stats.  1901,  585.  Rep.  1905,  258. 

§  1974.  En.  Stats.  1877-8,  34.  Am'd.  1880,  52;  1885,  104; 
1897,  412.  Rep.  1905,  258. 

§  1975.  En.  Stats.  1877-8,  35;  1877-8,  44.  Rep.  1880,  53. 
Am'd.  1880,  53.  Rep.  1905,  258. 

§  1976.  En.  Stats.  1877-8,  45.  Am'd.  1897,  412.  Rep. 
1905,  258. 

§  1977.  En.  Stats.  1880,  53.  Rep.  1905,  258. 


ARTICLE  III. 

ENLISTED  MEN. 

§  1980.  Eligibility    to    membership. 

§  1981.  Application    for    membership. 

§  1982.  Oath    of   officers    and    members. 

§  1983.  Transfers. 

§  19S4.  Noncommissioned    officers. 

§  19S5.  Discharges;    when    and    by    whom    granted. 

§  1986.  Dishonorable    discharge    bar    to    re-entry    and    to    holding    office. 

§§  1991,  1993     Repealed. 

§  1980.  Eligibility  to  membership.  Any  male  who  is  a 
citizen  of  the  United  States  or  has  declared  his  intention 
to  become  a  citizen,  of  more  than  eighteen  and  less  than 
forty-five  years  of  age,  able-bodied,  free  from  disease,  of 
good  character  and  temperate  habits,  may  be  enlisted  in 
the  National  Guard  of  this  state,  under  the  restrictions  of 
this  article,  for  a  term  of  not  less  than  three  years;  pro- 
vided, that  any  man  having  served  one  enlistment  satis- 
factory may  re-enlist  for  one,  two  or  three  years  at  his 
option;  and  provided  further,  that  boys  may  be  enlisted 
as  musicians,  if  more  than  sixteen  years  of  age.  No  minor 
shall  be  enlisted  without  the  written  consent  of  his  parent 
or  guardian.  A  man  who  has  been  expelled  or  dishonor- 
ably discharged  from  any  military  organization  of  the 
state  or  the  United  States  shall  not  be  eligible  for  enlist- 
ment or  re-enlistment  unless  he  produce  the  written  con- 


4S3  NATIONAL   GUARD.  8§  1981-ia83 

sent  to  such  enlistment  of  the  commanding  officer  of  the 
organization  from  which  he  was  expelled  or  dishonor- 
ably discharged.  Men  who  have  been  discharged  by  rea- 
son of  disbandment  may  be  enlisted  and  shall  then  receive 
credit  for  the  period  served  at  the  time  of  such  disband- 
ment. Bandmasters,  drum  majors,  chief  trumpeters,  vet- 
erinary sergeants,  members  of  the  hospital  corps,  and 
musicians  may  be  enlisted  as  such.  En.  Stats.  1889,  432. 
Am'd.  1891,  123;  1895,  184;  1897,  412.  Rep.  1905,  258.  En. 
Stats.  1905,  267. 

§  1981.  Application  for  membership.  Application  or 
propositions  for  membership  in  any  troop,  company,  organ- 
ized corps,  or  naval  division  of  the  National  Guard  shall  be 
made  only  at  a  regular  weekly  meeting  or  assemblage  of 
such  organization;  and  the  names  of  such  applicants  shall 
be  posted  in  a  conspicuous  place  in  its  headquarters  or  arm- 
ory, until  the  next  succeeding  regular  weekly  meeting  or 
assemblage  of  such  organization,  at  which  time,  and  not 
before,  such  applicant  may  be  balloted  for.  En.  Stats.  1893, 
109.  Am'd.  1897,  413.  Rep.  1901,  586.  En.  Stats.  1905, 
267. 

§  1982.  Oath  of  officers  and  members.  All  officers  and 
enlisted  men  of  the  National  Guard,  on  becoming  mem- 
bers and  before  performing  duty  and  at  each  subsequent 
re-enlistment,  must  take  and  subscribe  the  following  oath, 
which  all  commissioned  officers  thereof  are  authorized  to 
administer:  "I  do  solemnly  swear  that  I  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of 
the  State  of  California,  and  will  maintain  and  defend  the 
laws  and  all  officers  employed  in  administering  the  same." 
Which  oath,  certified  by  the  officer  administering  the  same, 
must  be  forwarded  to  the  adjutant-general  and  be  pre- 
served with  the  rolls  of  companies.  Oaths  of  re-enlist- 
ment shall  show  on  the  margin  the  number  of  the  enlist- 
ment. En.  March  12,  1872.  Am'd.  1880,  53;  1893,  105; 
1897,  413;  1901,  586.     Rep.  1905,  258.     En.  Stats.  1905,  268. 

§  1983.  Transfers.  Enlisted  men  may  be  transferred 
upon  their  own  application  in  the  same  regiment,  battalion 
or  squadron  not  part  of  a  regiment,  from  one  company 
or  troop  to  another,  by  the  commanding  officer  of  such 
regiment,  battalion  or  squadron;  from  one  regiment,  bat- 
talion or  squadron  not  part  of  a  regiment,  signal  corps,  un- 


§§  1984,  1985  NATIONAL    GUARD.  454 

attached  troop  or  company,  to  another  in  a  brigade,  by 
the  commanding  general  of  that  brigade;  from  an  organi- 
zation in  one  brigade  to  an  organization  in  another  brigade, 
by  the  commander-in-chief.  Noncommissioned  officers 
must  be  reduced  to  the  grade  of  private  before  they  can 
be  transferred.  No  transfer  shall  be  made  except  upon 
the  approval  of  the  commanding  officers  of  the  organiza- 
tions affected.  En.  March  12,  1872.  Am'd.  1895,  185.  Rep. 
1901,  586.     En.  Stats.  1905,  268. 

§  1984.  Noncommissioned  officers.  Commanding  officers 
of  regiments  and  of  battalions  and  squadrons  not  part  of 
regiments  shall  appoint  and  warrant  the  noncommissioned 
officers  of  their  respective  regiments,  battalions,  or  squad- 
rons, and  they  shall  in  their  discretion  warrant  the  non- 
commissioned officers  of  the  troops  and  companies  of  their 
respective  regiments,  battalions,  and  squadrons  from  the 
members  thereof,  upon  the  written  nomination  of  the  com- 
manding officers  of  the  troops  and  companies,  respectively. 
In  troops  and  companies  not  part  of  a  regiment,  battalion, 
or  squadron,  but  attached  to  a  brigade,  the  noncommis- 
sioned officers  shall  be  warranted  by  the  brigade  com- 
mander, in  his  discretion,  from  the  members  thereof,  upon 
the  written  nomination  of  the  commanding  officer  of  such 
troop  or  company.  In  troops,  companies,  and  corf  not  at- 
tached to  a  brigade,  regiment,  battalion,  or  squadron,  the 
noncommissioned  officers  shall  be  warranted  by  the  ad- 
jutant-general, in  his  discretion,  from  the  members  there- 
of, upon  the  written  nomination  of  the  commanding  officer 
of  such  troop,  company,  or  corps.  The  officer  warranting 
a  noncommissioned  officer  shall  have  power  to  reduce  to 
the  ranks,  for  good  and  sufficient  reasons,  the  noncom- 
missioned officers  warranted  in  accordance  with  this  sec- 
tion- but  such  as  were  enlisted  as  noncommissioned  of- 
ficers shall  be  discharged.  En.  March  12,  1872.  Am'd. 
1877-8,  35;  1893,  106;  1895,  185;  1897,  413;  1901,  586.  Rep. 
1905.   258.     En.    Stats.    905,    268. 

§  1985.  Discharges;  when  and  by  whom  granted.  Any 
enlisted  man  may  be  honorably  discharged  before  the  ex- 
piration of  his  term  of  service  by  order  of  the  commanding 
officer  of  the  regiment  or  unattached  battalion,  or,  if  a 


455  NATIONAL    GUARD.  S  1»86 

member  of  an  unattached  company,  troop,  or  battery,  by 
the  brigade  commander  or  the  commander-in-chief,  upon  the 
recommendation  of  his  commanding  officer,  for  any  of  the 
following  reasons:  To  accept  promotion  by  commission; 
upon  removal  of  residence  from  the  state,  or  out  of  the 
bounds  of  the  command  to  which  he  belongs  to  so  great  a 
distance  that,  in  the  opinion  of  the  commanding  officer,  he 
cannot  properly  perform  his  military  duty;  and  upon  dis- 
ability, established  by  certificate  of  a  medical  officer;  any 
enlisted  man  may  also  be  discharged  by  the  commanding 
officer  of  the  regiment  or  unattached  battalion;  or,  if  a 
member  of  an  unattached  company,  troop,  or  battery,  by 
the  brigade  commander  or  the  commander-in-chief;  when- 
ever the  commanding  officer  of  a  company  shall  approve 
the  application  of  two-thirds  of  the  members  of  the  com- 
pany requesting  the  discharge  of  an  enlisted  man  thereof, 
and  if,  at  a  regular  meeting  of  a  company,  or  at  a  meet- 
ing called  for  that  purpose,  two-thirds  of  the  members  of 
the  company  desire  by  vote  the  discharge  of  one  of  their 
members,  an  application  for  the  discharge  of  such  soldier 
shall  be  made  by  the  commanding  officer  thereof.  Or  he 
may  be  dishonorably  discharged  for  eiether  of  the  follow- 
ing reasons:  Upon  conviction  of  felony  in  a  civil  court; 
for  neglecting  or  refusing  to  pay  any  fine  imposed  by  any 
military  court  within  thirty  days  after  it  was  imposed; 
by  sentence  of  a  court-martial.  A  character  shall  be  at- 
tached to  all  written  discharges,  and  a  written  discharge 
specifying  character  shall  be  furnished  all  who  are  hon- 
orably discharged.  Every  member  of  the  National  Guard 
dishonorably  discharged  from  the  military  service  of  the 
State  of  California  shall  be  disfranchised  for  the  period 
of  one  year  next  ensuing  such  discharge,  in  addition  to 
penalties  provided  in  section  1967.  The  discharges  herein 
provided  for  shall  bo  made  by  the  commanding  officer  of 
the  regiment  or  unattached  battalion,  and  in  the  case  of 
members  of  uattached  companies,  troops,  or  batteries,  by 
the  commanding  general  of  the  brigade  of  which  said 
unattached  organization  is  a  part,  or  by  the  adjutant-gen- 
eral. En.  March  12,  1872.  Am'd.  1877-8,  35;  1895  185- 
1901,  587.     Rep.  1905,  258.     En.  Stats.  1905,  269. 

§  1986.     Dishonorable  discharge   bar  to   re-entry  and  to 
holding  office.     No  enlisted  man  dishonorably  discharged 


§§  1991-2003  NATIONAL,   QUABD.  » 

from  the  National  Guard  shall  be  permitted  to  again  enter 
any  company  of  the  National  Guard,  or  to  be  commissioned 
in  the  National  Guard,  except  the  offense  is  pardoned  by 
the  commander-in-chief.  En.  March  12,  1872.  Am'd.  1880, 
53;   1897,  414.    Rep.  1905,  258.     En.  Stats.  1905,  269. 

§  1991.    En.  March  12,  1872.    Rep.  1880,  55.    En.  Stats. 
1895,  186.     Rep.  1905,  258. 

§  1993.    En.  March  12,  1872.     Rep,  1905,  258. 


ARTICLE  IV. 

SERVICE   OF   NATIONAL.  GUARD. 

§  2003.  Drills  and  parades 

§  2004.  Companies    parading    with    less    than    thirty-two    membera    may 

be  disbanded. 

§  2005.  Camps    of    Instruction. 

§  2006.  Penalty  for  absence   from  drills. 

§  2007.  Record  of  attendance.    Monthly  returns. 

§  2008.  Inspection    and    muster.     Muster   rolls. 

§  2009.  Small    arjns    practice. 

§  2010.  War  service. 

§  2011.  Service    medals. 

§  2012.  Discipline  and  exercise. 

§  2013.  'Warning    for    duty. 

§  2014  Excuses   from  duty. 

§  2003.  Drills  and  parades.  Officers  and  enlisted  men  of 
each  troop,  signal  corps  and  company  must  assemble  for 
drill  and  instruction  at  least  three  times  e'ach  month,  at 
intervals  of  not  less  than  one  week,  except  in  the  month 
of  December  of  each  year.  In  addition  to  such  drills  and 
instructions,  the  commanding  officer  qt  any  organization 
may  require  officers  and  enlisted  men  of  his  command  to 
assemble  for  drill  or  instruction  at  such  other  times  and 
places  as  he  may  appoint;  provided,  tliat  no  commanding 
officer  shall  order  a  parade  without  the  approval  of  the 
commanding  general  of  the  brigade  to  which  his  organiza- 
tion is  attached,  or  of  the  commander-in-chief.  All  mounted 
companies  must  drill  mounted  at  least  four  times  each  year. 
Upon  receptions,  or  upon  the  celebration  of  any  event  of 
public  importance,  the  commander-in-chief,  or  the  com- 
manding general  of  a  brigade,  may  order  out  any  portion 


457  NATIONAL   GUARD.  SS  2004-2006 

of  the  National  Guard  under  his  command  to  Join  in  such 
parade.  En.  March  12,  1872.  Am'd.  1889,  415;  1893,  106; 
1895,  186;  1897,  112;  1897,  415.  Rep.  1905,  258.  En.  Stats. 
1905,  270. 

§  2004.  Companies  parading  with  less  than  thirty-two 
members  may  be  disbanded.  Any  company  parading  at  any 
of  the  parades  or  drills  in  this  article  provided  for  with 
a  less  number  than  thirty-two,  rank  and  file,  must  he  re- 
ported to  the  adjutant-general,  and  by  him  reported  to  the 
commander-in-chief,  who,  in  his  discretion,  may  disband  the 
same.  En.  March  12,  1872.  Am'd.  1893,  107;  1895,  187. 
Rep.  1905,  258.     En.  Stats.  1905,  270. 

§  2005.  Camps  of  instruction.  Each  troop,  signal  corps, 
or  company  not  specially  excused  by  the  commander-in- 
chief,  will  be  required  to  participate  for  at  least  five  con- 
secutive days  annually  in  practice  marches  or  camps  of 
instructions,  under  such  regulations  as  the  commander-in- 
chief  may  prescribe,  and  under  such  instructors  as  he  may 
appoint.  Any  company  falling  to  report  for  duty  at  any 
camp  of  instruction  must  be  reported  to  the  adjutant-gen- 
eral, who  must  report  the  same  to  the  commander-in-chief, 
who  may,  in  his  discretion,  disband  it.  En.  March  12,  1872. 
Rep.  1895,  187.    En.  Stats.  1905,  270. 

§  2006.  Penalty  for  absence  from  driiis.  All  officers  or 
members  of  the  National  Guard  who  absent  themselves 
from  three  consecutive  assemblages,  without  an  excuse  ac- 
ceptable to  their  respective  commanding  officers,  are  de- 
barred from  the  privileges  and  exemptions  provided  for 
members  of  the  National  Guard;  and  all  noncommissioned 
officers  or  privates  upon  being  reported  as  having  been  so 
absent  shall  forthwith  be  court-martialed  by  order  of  the 
regimental  or  unattached  battalion  or  squadron  commander 
in  their  respective  commands,  and  in  all  other  organiza- 
tions not  attached  to  regiments,  battalions,  or  squadrons 
but  attached  to  brigades,  by  order  of  the  brigade  com- 
mander, and  In  all  unattached  organizations,  by  order  of 
the  commander-in-chief,  and,  upon  conviction  by  such 
court-martial,  which  may  be  summary  court-martial,  the 
delinquent  shall  be  punished  by  dishonorable  discharge 
from  the  service  or  fined.    No  fine  Imposed  shall  be  less 


§§  2007-2010  NATIONAL    GUARD.  46S 

than  five  dollars  nor  more  than  fifty  dollars.  The  proceed- 
ings of  such  court  shall  be  subject  to  approval  and  re- 
view as  in  other  cases.  En.  March  12,  1872.  Am'd.  1877-8, 
36;  1889,  430;  1897,  415.  Rep.  1905,  258.  En.  Stats.  1905, 
270. 

§  2007.  Record  of  attendance.  Monthly  returns.  Com- 
manders of  companies  must  cause  to  be  kept  a  book  in 
which  must  be  entered  the  names  and  numbers  of  of- 
ficers, noncommissioned  officers,  and  privates,  respectively, 
present  at  each  drill,  and  must  therefrom  make  monthly 
returns,  said  returns  to  be  forwarded  through  military 
channels  to  the  adjutant-general.  The  books  kept  in  ac- 
cordance with  the  provisions  of  this  section  must  be  care- 
lully  preserved,  and  r  hen  filled,  forwarded  to  the  adjutant- 
general's  office.  En.  March  12,  1872.  Am'd.  1877-8,  36; 
1885,  104;  1887,  87;  1889,  430;  1895,  187;  1897,  415.  Rep. 
1905,  258.     En.  Stats.  1905,  271. 

§  2008.     Inspection    and    muster.     Muster   rolls.     During 

each  calendar  year  preceding  the  annual  allotmenc  of  funds 
for  military  purposes  under  the  revised  statutes  of  the 
United  States,  the  commander-in-chief  shall  cause  an  in- 
spection and  muster  of  the  National  Guard  to  be  made. 
Said  inspection  may  be  made  by  an  officer  of  the  United 
States  Army.  En.  Stats.  1897,  415.  Rep.  1905,  258.  En. 
Stats.  1905,  271. 

§  2009.  Small  ..rms  practice.  To  encourage  marksman- 
ship, the  commander-in-chief  is  authorized  to  offer  annu- 
ally a  state  decoration  to  those  who  shall  excel  in  small 
arms  practice,  to  be  competed  for  under  regulations  pre- 
scribed by  the  commander-in-chief.  En.  Stats.  1897,  417. 
Rep.  1905,  258.     En.  Stats.  1905,  271. 

§  2010.  War  service.  Service  by  any  person  in  the 
United  States  Volunteers,  or  in. the  United  States  Army 
or  Navy,  in  the  time  of  war,  insurrection,  or  rebellion, 
shall  be  considered  as  continuous  service  in  the  National 
Guard  for  any  and  all  purposes  regarding  privileges  and 
exemptions  provided  by  law  for  members  of  the  National 
Guard   by  enlistment  or  commission;   provided,  that  con- 


459  NATIONAL    GUARD.  §§  2011-20ia 

tinuous  service  for  an  officer  shall  include  only  the  time 
he  was  commissioned  as  such.     En.  Stats.  1905,  271. 

§  2011.  Service  medals.  The  state  shall  provide  a  ser- 
vice medal  of  appropriate  design  and  material,  to  be  deter- 
mined by  the  commander-in-chief.  Such  medal  or  medals 
to  be  issued  for  ten,  fifteen  and  twenty  years  of  active  ser- 
vice in  the  National  Guard.  There  shall  be  no  other  or 
different  medals  for  service.  Such  medals  shall  be  pre- 
pared and  issued  free  of  cost  to  those  entitled  to  same,  by 
the  adjutant-general,  only  upon  application  of  the  party  en- 
titled thereto,  and  upon  proof  of  such  service  from  the 
lecords  of  the  National  Guard.     En.  Stats.  1905,  271. 

§  2012.  Discipline  and  exercise.  The  system  of  disci- 
pline and  exercise  of  the  National  Guard  of  this  state 
shall  conform  generally  to  that  of  the  Army  of  the  United 
States  as  it  is  now  or  may  hereafter  be  prescribed  by  the 
President,  and  to  the  provisions  of  the  laws  of  the  United 
States,  except  as  otherwise  provided  for  in  this  chapter. 
En.  Stats.  1905,  271. 

§  2013.  Warning  for  duty.  Officers  and  enlisted  men 
may  be  warned  for  duty  as  follows:  Either  by  stating  the 
substance  of  the  order,  or  reading  the  order  to  the  person 
warned,  or  by  delivering  a  copy  of  such  order  to  such  per- 
son, or  by  leaving  a  copy  of  such  order  at  the  last  known 
place  of  abode  or  business  of  such  person  with  some  one  of 
suitable  age  and  discretion,  or  by  sending  a  copy  of  such 
order  or  notice  by  mail  directed  to  him  at  his  last  known 
place  of  abode  or  business  or  to  the  postoffice  nearest  there- 
to. Such  warning  may  be  given  by  any  officer  or  noncom- 
missioned officer.  The  officer  or  noncommissioned  officer 
giving  such  warning  shall  make  a  return  thereof  contain- 
ing the  names  of  the  persons  warned,  and  the  time,  place, 
ai-d  manner  of  warning.  Such  return  shall  be  verified  by 
his  oath,  which  may  be  administered  by  any  commanding 
officer;  such  verified  return  shall  be  as  good  evidence  on 
the  trial  of  any  person  returned  as  a  delinquent,  of  the 
facts  therein  stated,  as  if  such  officer  or  noncommissioned 
officer  had  testified  to  the  same  before  the  delinquency 
court  on  such  trial.     Every  commanding  officer  shall  make 


§§  2014-2018  NATIONAL   GUARD.  «0 

like  return,  on  honor,  and  with  like  effect,  of  every  delin- 
quency and  neglect  of  duty  ot  his  officers  and  noncommis- 
sioned officers,  ^nd  also  of  every  enlisted  man,  who  shall 
refuse  or  neglect  to  perform  such  military  duty  as  may 
be  required.     ::-n.  Stats.  1905,  272. 

§  2014.  Excuses  from  duty.  The  officer  ordering  any 
military  duty  shall  have  the  power  to  excuse  any  officer  or 
enlisted  man  for  absence  therefrom  upon  good  and  suffi- 
cient grounds.     En.  Stats.  1905.  272. 


ARTICLE  V. 

MILITARY    COURTS. 

§  2018.  Military    courts    enumerated. 

§  2019.  Wtio   may  appoint  courts-martial. 

§  2020.  Powers. 

§  2021.  Revision  and  approval  of  sentence. 

§  2022.  Service    of    charges. 

§  2023.  Subpoenas,     attachments,     commissions. 

§  2024.  Form   of  mandates;    execution  by  public  officers. 

§  2025.  Commitments  for  disorderly   conduct. 

J  2026.  Fines,   how  collected. 

S  2027.  Flues   and   penaltlee    for   non-attendance   at   parades,    etc. 

§  2028.  Exemption    from    liability. 

§§  2029-2031.     Repealed. 

§2018.  Military  courts  enumerated.  The  military  courts 
of  this  state  shall  be: 

(1)  General  courts-martial. 

(2)  The  summary  court. 

(3)  Courts  of  inquiry. 

The  constitution  and  jurisdiction  of  courts-martial,  sum- 
mary courts,  and  courts  of  inquiry,  the  form  and  manner  in 
which  the  proceedings  of  such  courts  shall  be  conducted 
and  recorded,  the  forms  of  oaths  and  affirmations  taken  in 
the  administration  of  military  law  by  such  courts,  the  lim- 
its of  punishment  and  the  proceedings  in  revision  there- 
of, shall  be  governed  by  the  Articles  of  War  and  the  law 
and  procedure  of  similar  courts  ol  the  United  States,  ex- 
cept as  otherwise  provided  in  this  title.  En.  March  12, 
1872.  Am'd.  1877-8,  36;  1881,  32;  1885,  105;  1889,  430; 
1897,   418.     Rep.   1905,  258.     En.   Stats.   1905,   272. 


461  NATIONAL    GUARD.  5S  2019-20m 

§  2019.  Who  may  sppoint  courts-martial.  The  following 
officers  may  appoint  courts-martial: 

(1)  The  commander-m-chief,  for  the  trial  of  all  officers 
of  the  National  Guard,  retired  officers,  and  all  officers  of 
the  staff  of  ihe  commander-in-chief. 

(2)  The  brigade  commander,  for  the  trial  of  all  officers 
and  enlisted  men  in  his  brigade,  except  retired  officers. 

(3)  The  commanding  officers  of  regiments,  of  unattached 
battalions,  and  the  naval  militia,  for  the  trial  of  all  en- 
listed men  in  their  respective  commands.  For  the  trial 
of  enlisted  men  of  regiments  or  battalions  or  the  naval 
militia,  the  commanding  officer  thereof  may  at  any  time 
appoint  a  summary  court-martial,  to  consist  of  one  officer, 
whose  rank  is  not  below  that  of  captain  in  the  National 
Guard,  or  the  corresponding  rank  in  the  Naval  Militia.  For 
the  trial  of  enlisted  men  of  unattached  companies,  troops, 
or  batteries,  the  commander-in-chief  may,  at  any  time,  ap- 
point a  summary  court-martial,  to  consist  of  a  first  lieu- 
tenant. En.  March  12,  1872.  Rep.  1905,  258.  En.  Stats. 
1905,  272. 

§  2020.-  Powers.  Courts-martial  have  power,  on  convic- 
tion, to  punish  by  expulsion  or  dismissal,  or  by  depriving 
officers  of  their  rank,  or  by  such  other  and  usual  military 
fines  and  penalties  as  are  customary  in  the  Army  of  the 
United  States,  in  addition  to  penalties  herein  prescribed. 
En.  March  12,  1872.     Rep.  1905,  258.     En.  Stats.  1905,  273. 

§  2021.  Revision  and  approval  of  sentence.  The  officer 
appointing  a  court-martial  must  review  the  proceedings  and 
approve  or  disprove  the  sentence  of  such  court-martial, 
and  must  direct  the  execution  of  such  sentence,  or  mitigate 
the  punishment,  or  may  remit  the  sentence  of  the  person 
convicted;  provided,  that  an  officer  so  sentenced  may  with- 
in fifteen  days  after  official  publication  of  the  action  of 
the  reviewing  officer  appeal  to  the  commander-in-chief  to 
review  the  proceedings  and  to  disapprove  them  or  pardon 
the  offense,  in  which  case  the  officer  app^'oving  the  sentence 
will  forward  the  proceedings  in  the  case  to  the  command- 
er-in-chief, and  the  execution  of  the  sentence  must  be  sus- 
penaed  until  the  proceedings  are  returned  with  the  deci- 


§§  2022,  2023  NATIONAL   GUARD.  4ti2 

sion  thereon;  provided,  that  no  commissioned  officer  shall 
be  dismissed  from  the  service  without  the  approval  of 
the  commander-in-chief;  provided  further,  that  an  enlisted 
man  belonging  to  an  organization  attached  to  a  brigade 
may  appeal  in  like  manner  to  the  brigade  commander,  and 
if  to  an  unattached  organization,  to  the  commander-in- 
chief;  and  the  sentence  must  be  suspended  in  the  same 
manner  as  provided  for  in  the  case  of  commissioned  of- 
ficers. En.  March  12,  1872.  Am'd.  1877-8,  36.  Rep.  1905, 
258.     En.  Stats.  1905,  273. 

§  2022.  Service  of  charges.  When  an  officer  or  enlisted 
man  is  put  in  arrest  for  the  purposes  of  trial,  a  copy  of  the 
charges  and  specifications  upon  which  he  is  to  be  tried 
shall  be  delivered  to  him  or  left  at  his  last  known  place  of 
abode  or  business,  within  twenty  days  after  his  arrest,  and 
a  court  shall  be  ordered  for  his  trial  within  thirty  days 
after  the  notice  of  arrest  is  received  by  the  officer  author- 
ized to  order  the  court.  If  a  copy  of  the  charges  and 
specifications  be  not  served,  or  a  court  not  ordered  within 
the  time  herein  limited,  the  arrest  shall  cease,  but  such 
charges  and  specifications  may  be  served,  a  court  ordered, 
and  the  officer  or  enlisted  man  be  brought  to  trial  within 
twelve  months  after  such  release  f  om  arrest.  The  appear- 
ance of  the  accused,  without  objection  and  pleading  to  the 
charges,  shall  be  deemed  a  waiver  of  any  defect  or  irre- 
gularity of  such  service  of  any  of  the  papers  mentioned 
in  this  section.  En.  March  12,  1872.  Am'd.  1880,  54;  1885, 
105;  1887,  84;  1889,  430;  1891,  124;  1895,  187;  1897,  418. 
Rep.  1905,  258.     En.  Stats.  1905,  273. 

§  2023.  Subpoenas,  attachments,  commissions.  Each 
military  court  shall  have  the  same  power  to  compel  by 
.subpoena,  by  subpoena  duces  tecum  and  by  attachment, 
the  attendance  of  witnesses,  both  civilian  and  military,  and 
the  production  of  books,  papers  and  documents,  and  to  pun- 
ish for  contempt  a  witness  duly  subpoenaed  for  nonattend- 
ance,  or  refusal  to  be  sworn  or  testify,  or  to  produce  books, 
papers  and  documents,  as  is  possessed  by  any  superior 
court  of  this  state.  Military  courts  shall  also  have  power 
to  take  by  commission  the  testimony  of  witnesses  who  can 
not  reasonably  be  produced  at  the  trial  to  the  same  extent 


463  NATIONAL   GUARD.  S  2024 

as  the  superior  court  aforesaid.  Commissions  and  sub- 
poenas may  be  issued  by  the  president  or  the  judge-ad- 
vocate, if  there  be  one,  of  the  court,  both  before  and  after 
being  sworn,  for  witnesses  whose  attendance  or  testimony 
before  such  court  maj  be  necessary  in  behalf  of  the  peo- 
ple of  the  state,  and  upon  application  in  behalf  of  any 
person  to  be  tried  by  such  court,  and  the  president  or 
th:  judge-advocate  may  direct  the  commanding  officer  of 
any  organization  to  cause  such  subpoena  to  be  served  on 
any  member  of  his  command.  A  witness  not  appearing 
in  obedience  to  a  subpoena  when  served  personally  with  a 
copy  of  the  same,  and  not  having  sufficient  excuse,  shall 
forfeit  to  the  people  of  the  state  the  sum  of  twenty-five  dol- 
lars. The  president  of  each  court  shall,  from  time  to  time, 
report  to  the  judge-advocate-geaeral  the  names  of  all  such 
delinquent  witnesses,  together  with  fhe  names  and  places 
of  residence  of  the  person  serving  such  subpoena,  and  a 
judge-advocate  may  sue  for  and  recover  such  penalties  in 
the  name  of  the  people.  En.  March  12,  1872.  Rep.  1905, 
258.     En.  Stats.  1905,  274. 

§  2024.     Form  of  mandates;   execution  by  public  officers. 

Military  courts  are  empowered  to  issue  all  process  and 
mandates,  including  writs  and  warrants,  necessary  and 
proper  to  carry  into  full  effect  the  powers  vested  in  said 
courts.  Such  process  and  mandates  may  be  directed  to 
the  marshal- of  the  court,  the  sheriff  of  any  county,  and  the 
constables  and  marshals  of  any  town  or  city,  and  shall  be 
in  such  form  as  may,  from  time  to  time,  be  prescribed  by 
the  commander-in-chief  in  the  regulations  issued  by  him 
under  this  chapter.  It  shall  be  the  duty  of  all  officers  to 
whom  such  process  or  mandate  may  be  so  directed  to  exe- 
cute the  same  and  make  return  of  cheir  acts  thereunder  ac- 
cording to  the  requirements  of  the  same.  The  keepers 
and  wardens  of  all  city  or  county  jails  shall  receive  the 
bodies  of  persons  committed  by  the  process  or  mandate  of 
a  military  court  and  confine  them  in  the  manner  prescribed 
Ly  law.  Except  as  otherwise  specially  provided  in  this 
chapter,  no  fees  or  charges  of  any  nature  shall  be  de- 
manded or  required  to  be  paid  by  the  state,  or  any  mili- 
tary court  or  member  thereof,  or  by  the  person  executing 
its  mandate  or  process,  or  to  any  public  officer,  for  receiv- 
ing, executing,  or  returning  any  such  process  or  mandate, 


§§  2025-2027  NATIONAL.   GUARD.  464 

or  for  any  service  in  connection  therewith,  or  for  receiving 
or  confining  a  person  in  jail  or  custody  thereunder.  En. 
March  12,  1872.  Am'd.  1895,  188.  Rep.  1905,  258.  En. 
Stats.  1905,  274. 

§  2025.  Commitments  for  disorderly  conduct.  Any  per- 
son who  shall  be  guilty  of  disorderly,  contemptuous,  or  in- 
solent behavior  in,  or  use  insulting  or  contemptuous  or  in- 
decorous language  or  expressions  to,  or  before,  any  mili- 
tary court,  or  any  member  of  such  court  in  open  court, 
tending  to  interrupt  its  proceedings  or  to  impair  the  respect 
due  to  its  authority,  or  who  shall  commit  any  breach  of 
the  peace  or  make  any  noise  or  other  disturbance  directly 
tending  to  interrupt  its  proceedings,  may  be  committed 
by  warrant  ander  the  hand  of  the  president  of  the  court 
to  the  jail  of  the  city,  county,  or  city  and  county,  in  which 
said  court  shall  sit,  there  to  be  confined  for  a  period  of 
time  not  to  exceed  three  days.  En.  March  12,  1872.  Rep. 
1905,  258.     Ln.  Stats.  1905,  275. 

§  2026.  Fines,  how  collected.  For  the  purpose  of  col- 
lecting fines  or  penalties  imposed  by  courts-martial,  the 
president  of  any  such  court  must  make  a  list  of  all  such 
fines  and  penalties,  and  of  the  persons  against  whom  th6y 
have  been  imposed,  and  must,  within  fifteen  days  after 
the  fines  and  penalties  have  been  imposed,  issue  a  war- 
rant under  his  hand,  directed  to  any  sheriff,  or  constable 
of  the  county,  commanding  him  to  levy  and  collect  such 
fines,  together  with  costs,  upon  and  out  of  any  property  of 
the  person  against  whom  the  fine  or  penalty  was  imposed; 
and  such  warrant  may  be  executed  and  renewed  in  the 
same  manner  as  executions  issued  from  the  justices'  courts 
are  executed  and  renewed.  En.  March  12,  1872.  Am'd. 
1885,  105;    1887,  85.     Rep.  1905,  258.     En.  Stats.  1905,  275. 

§  2027.  Fines  and  penalties  for  nonattendance  at  par- 
ades, etc.  Every  commissioned  officer  and  every  enlisted 
man  not  excused  as  provided  in  section  2014  shall,  on  con- 
viction of  the  offlenses  following  mentioned  be  subject  to 
the  fines  and  penalties  thereto  annexed: 

(1)  Every  commissioned  oflicer,  for  disobedience  to  or- 
ders or  neglect  of  duty,  unoflacerlike  conduct,  disrespect  to 


465  NATIONAL    GUARD.  §S  2028-2031 

a  superior  officer,  for  nonattendance  at  any  parade  or  en- 
campment; and  every  officer  or  enlisted  man  neglecting 
or  refusing  to  obey  the  lawful  orders  of  a  superior  officer, 
or  departing  from  post  or  guard;  or  leaving  his  proper 
station  without  permission,  a  fine  of  not  more  than  one 
hundred  dollars  nor  less  than  five  dollars,  and  in  addition 
thereto,  in  the  discretion  of  the  court,  the  officer  may  be 
dismissed  from  the  service. 

(2)  Every  enlisted  man,  for  nonappearance,  when  duly 
warned  or  summoned,  at  a  troop,  battery,  or  company  drill, 
or  parade,  a  fine  of  two  dollars  for  each  offense;  and  in 
case  of  a  troop  parading  mounted,  a  fine  of  six  dollars;  at 
a  regimental  or  battalion  parade,  not  less  than  three  nor 
more  than  six  dollars  for  each  offense;  and  for  disobedience 
of  orders,  disrespectful  or  insubordinate  conduct,  a  fine  not 
to  exceed  fifty  dollars;  and,  in  addition  to  any  fine  im- 
posed, in  the  discretion  of  the  court,  the  offender  may  be 
dishonorably  discharged  from  the  service.  Eti.  March  12, 
1872.  Am'd.  1877-8,  41.  Rep.  1885,  105.  En.  Stats.  1887, 
85.  Am'd.  1893,  107;  1895,  188.  Rep.  1905,  258.  En.  Stats. 
1905,  275. 

§  2028.  Exemption  from  liability.  No  officer  by  whom  a 
military  court  is  ordered,  or  member  of  any  such  military 
court,  or  officer  or  person  acting  under  its  authority  or 
reviewing  the  proceedings  thereof  or  enforcing  the  process 
or  sentence  thereof  shall  be  liable  civilly  or  criminally  for 
any  act  done  in  such  capacity.  En.  March  12,  1872.  Am'd. 
1877-8,  36;  1881,  32;  1895,  188.  Rep.  1905,  /58.  En.  Stats. 
1905,  276. 

§  2029.  En.  March  12,  1872.  Am'd.  1877-8,  37.  Rep. 
1905,  258. 

§  2030.     En.  March  12,  1872.     Rep.  1905,  258. 

§  2031.     En.'  Stats.  1889,  431.     Rep.  1905,  258. 

Pol.  Code— 30 


§§  2038-2043  NATIONAL.   GUARD.  466 

ARTICLE  VI. 

ARMS,     UNIFORMS    AND    EQUIPMENT. 

§  2039.  Equipment    of    organizations. 

§  2040.  Equipment    of    conimissioned    officers. 

§  2041.  Uniform    of   enlistert    men. 

§  2042.  Full    dress    uniform. 

§  2043.  Purchase    of    uniforms    and    equipments. 

§  2044.  Property    purchased    with    state    money    must    be    accounted    for 

In   annual    muster   roll. 

§  2045.  Responsibility    for    public    property. 

§  2046.  Use  of  state  and   company   property. 

§  2039.  Equipment  of  organizations.  All  organizations 
shall  be  provided  by  the  state  with  such  arms,  equipments, 
colors,  camp  and  garrison  equipage,  books  of  instruction 
and  record,  and  other  supplies  as  may  be  necessary  for  the 
proper  performance  of  the  duty  required  of  them  by  this 
chapter;  and  each  organization  shall  keep  such  property 
ir  proper  repair  and  in  good  condition.  En.  March  12, 
1872.     Re-en.   Stats.  1905,  276. 

§  2040.  Equipment  of  commissioned  officers.  Every 
commissioned  officer  shall  provide  himself  with  arms,  uni- 
forms, and  equipments  prescribed  and  approved  by  the 
commander-in-chief.  En.  March  12,  1872.  Am'd.  1895,  188. 
Re-en.  Stats.  1905,  276. 

§  2041.  Uniform  oT  enlisted  men.  Every  enlisted  man 
who  enters  the  service  of  the  state  shall  be  furnished  by 
the  state  with  a  service  and  dress  uniform  corresponding 
in  make  and  general  appearance  to  the  service  and  dress 
uniform  of  the  United  States  Army.  En.  March  12,  1872. 
Re-en.  Stats.  1905,  273. 

§  2042.  Full  dress  uniform.  Regiments,  and  battalions 
and  squadrons  not  part  of  regiments,  may,  with  the  con- 
sent of  the  commander-in-chief,  adopt  a  distinctive  full 
dress  uniform  at  their  own  expense.  En.  March  12,  1872. 
Re-en.  Stats.  1905,  276. 

§  2043.  Purchase  of  uniforms  and  equipments.  The 
commander-in-chief  shall  detail  a  board  of  three  commis- 


467  NATIONAL    GUARD.  §§  2044-2046 

sioned  officers,  who  shall  advertise  for  bids  when  necessary 
for  the  furnishing  and  making  of  the  articles  of  uniforms 
and  equipments  provided  by  the  state,  and  shall  enter  into 
contracts  with  the  lowest  responsible  bidder  or  bidders. 
The  bills  of  said  board  shall  be  audited,  allowed,  and  paid 
as  are  other  military  demands.  No  accounts  for  furnish- 
ing uniforms  or  other  parts  of  uniforms  shall  be  audited 
unless  accompanied  by  a  certificate  of  an  inspecting  officer 
detailed  by  the  adjutant-general,  to  the  effect  that  the 
material  used  is  of  the  quality  prescribed  by  the  command- 
er-in-chief and  that  the  articles  are  well  made,  as  specified 
in  the  contract  under  which  they  are  supplied.  En.  March 
12,  1872.     Re-en.  Stats.  1905,  276. 

§  2044.  Property  purchased  with  state  money  must  be 
accounted  for  in  annual  muster  roll.  All  military  property 
purchased  out  of  the  moneys  allowed  by  the  state  shall  be 
held  to  be  the  property  of  the  state,  and  must  be  enume- 
rated in  the  annual  muster  roll-  next  following  its  pur- 
chase.    En.  March  12,  1872.     Re-en.  Stats.  1905,  276. 

§  2045.  Responsibility  for  public  property.  Every  of- 
ficer and  enlisted  man  to  whom  property  of  the  state  has 
been  issued  shall  be  personally  responsible  to  the  state  for 
such  property,  and  no  one  shall  be  relieved  from  such 
responsibility  except  it  be  shown  .j  the  satisfaction  of  the 
commander-in-chief  that  the  loss  or  destruction  of  such 
property  was  unavoidable  and  in  no  way  the  fault  of  the 
person  responsible  for  the  same;  in  all  other  cases  the 
value  of  the  property  lost  or  destroyed  shall  be  charged 
against  the  person  at  fault  or  to  the  organization  to  which 
it  had  been  issued,  and  such  person  or  organization,  if  not 
relieved  from  such  charge  by  the  commander-in-chief,  shall 
pay  the  value  of  such  property  to  the  adjutant-general, 
within  two  years  after  such  loss  or  destruction.  The  value 
of  lost  or  destroyed  property  and  the  person  or  organiza- 
tion to  be  charged  therewith  shall  be  determined  by  a  board 
of  officers.     En.  March  12,  1872.     Re-en.  Stats.  1905,  277. 

§  2046.  Use  of  state  and  company  property.  (1)  No 
soldier  shall  wear  or  use,  except  when  on  military  duty,  or 
by  special  permission  of  his  commanding  officer,  any  uni- 


§§  2076,  2077  NATIONAL.  GUARD.  4» 

form  or  other  article  of  military  property  belonging  to  the 
state,  or  to  the  company  of  which  he  is  a  member. 

(2)  No  officer  in  charge  of  public  property  for  military 
use  shall  transfer  any  portion  thereof,  either  as  a  loan  or 
permanently,  without  the  authority  of  the  commander-in- 
chief.     En.  March  12,  1872.     Re-en.  Stats.  1905,  277. 


ARTICLE  VII. 

PAY    AND    ALLOWANCE. 

§  2076.  Paj'  of  officers   while   on  active   duty. 

§  2077.  Pay   of  officers   when  detailed  on   special  duty. 

§  2078.  Allowance  for  officers. 

§  2079.  Allowances    for    military    organizations.    Military    fund. 

§  2080.  Annual    allowance    to     companies. 

I  2081.  Bonds    of    officers;    captain    ex-officio    company    treasurer. 

§  20S2.  Transportation    of    arms. 

§  20S3.  .Adjutant-general    to    audit   claims. 

§  20S4.  Duties    of    controller    and    treasurer. 

§  20S5.  Claims   exempt   from   board   of   examiners. 

§  2086.  Salaries,    adjutant-general's   office. 

§  2076.  Pay  of  officers  while  on  active  duty.  Officers 
while  on  active  duty  in  the  service  of  the  state  shall  re- 
ceive the  same  pay  and  allowance  as  officers  of  similar 
grade  in  the  United  States  Army,  and  enliste  i  men  while 
on  active  duty  in  the  service  of  the  state  shall  receive  two 
dollars  per  day;  provided,  that  no  pay  be  allowed  to  any 
officer  or  enlisted  man  when  on  duty  in  any  state  camp 
mentioned  in  section  2005  of  this  act,  except  enlisted  men 
of  the  band,  who  shall  receive  three  dollars  per  day  dur- 
ing encampments  properly  authorized  by  the  commander- 
in-chief,  and  in  any  camp  held  in  pursuance  of  order  from 
the  commander-in-chief  each  mounted  officer  and  enlisted 
man  shall  receive  two  dollars  per  day  for  the  horse  neces- 
sarily used  by  him  at  such  encampment;  and  provided  fur- 
ther, that  all  enlisted  men  in  attendance  at  joint  maneuver 
camps  of  National  Guard  and  United  States  Army  shall 
receive  one  dollar  per  day  in  excess  of  the  government  pay 
per  day  at  such  camp.  En.  March  12,  1872.  Am'd.  1877-8, 
37;  1895,  189;  1897,  418;  1901,  587.     Re-en.  Stats.  1905,  277. 

§  2077.  Pay  of  ofCcers  when  detailed  on  special  duty. 
When  an  officer  is  detailed  for  special  duty  in  any  manner 


IW  NATIONAL  GUARD.  S8  2078,  a»79 

relating  to  the  National  Guard,  by  order  of  the  commanJer- 
In-chief,  or  by  order  of  the  brigade,  regimental,  or  battal- 
ion commander,  on  approval  of  the  commander-in-chief  he 
must  be  allowed  three  dollars  per  diem  and  actual  travel- 
ing expenses.  En.  !'arch  12,  1872.  Am'd.  1880,  55;  1901, 
587.     Re-en.  Stats.  1905,  277. 

§  2078.  Allowance  for  officers.  Line  officers  below  the 
grade  of  major  shall  receive  annually  the  sum  of  twenty- 
five  dollars  to  assist  in  uniforming  and  equipping  them- 
selves; provided,  they  have  attended  eighty  percentum  of 
all  assemblages  for  the  preceding  year.  En.  March  12, 
1872.     Am'd.  1889,  431.     Re-en.  Stats.  1905,  278. 

§  2079.  Allowances  for  military  organizations.  Military 
fund.  There  must  be  audited  and  allowed  by  the  adjutant- 
general,  and  paid  out  of  the  appropriation  for  military 
purposes,  upon  the  warrant  of  the  state  controller,  to  the 
commanding  officer  of  each  infantry  or  artillery  company, 
or  company  of  signal  men  of  the  National  Guard,  the 
sum  of  one  hundred  dollars  per  month;  to  the  commanding 
oLicer  of  each  light  battery  having  not  less  than  four  guns, 
with  which  they  regularly  drill  and  parade,  and  to  the  com- 
manding officer  of  each  troop  of  cavalry,  the  sum  of  two 
hundred  dollars  per  month;  and  to  the  commanding  officer 
of  each  division  of  the  Naval  Militia,  the  sum  of  one  hun- 
dred dollars  per  month;  the  sum  so  paid  to  be  used  for 
armory  rent,  care  of  arms,  and  proper  incidental  expenses 
of  the  company.  There  must  also  be  audited,  allowed,  and 
paid  out  of  the  same  appropriation,  to  the  commanding  of- 
ficer of  each  regiment  or  battalion,  the  sum  of  six  dollars 
per  month  for  each  company  in  tic  command,  for  clerical 
expenses,  stationery,  printing,  postage,  and  proper  inci- 
dental expenses,  and  if  the  regiment  or  battalion  has  four 
companies  or  more,  and  has  attached  to  it  an  organized  and 
uniformed  band  of  not  less  than  twenty  people,  the  addi- 
tional sum  of  thirty -five  dollars  per  month  for  such  band; 
to  the  brigadier-general  of  each  brigade,  five  dollars  per 
month  for  each  company  in  his  brigade;  to  the  surgeon- 
general,  the  sum  of  twenty-five  dollars  per  month,  for  rent 
and  proper  incidental  expenses;  and  to  the  adjutant-gen- 
eral, ten  thousand  dollars  per  annum,  to  be  expended  by 
him  in  promoting  target  practice.    There  must  be  audited 


5§  2080,  2081  NATIONAL    GUARD.  *•'' 

and  allowed  by  the  adjutant-general,  and  paid  out  of  the 
appropriation  for  military  purposes,  to  the  surgeon  in 
charge  of  each  detachment  of  the  medical  department  on 
dutj-  with  a  regiment,  and  to  the  chief  surgeon  of  the  Naval 
Militia,  not  to  exceed  the  sum  of  fifty  dollars  per  month, 
for  rent  and  proper  incidental  expenses  of  such  detach- 
ment. No  claims  shall  be  allowed  under  the  provisions  of 
this  section  except  upon  demands  made  quarterly,  in  dup- 
licate, signed  and  sworn  to  by  the  ofiicer  claiming  the 
same,  before  any  field  officer  of  the  National  Guard,  or 
notary  public,  and  forwarded  through  the  regimental,  in- 
dependent battalion,  squadron  or  company  headquarters, 
with  the  approval  of  each  commanding  officer  through 
whose  headquarters  they  are  required  to  pass,  direct  to 
the  adjutant-general;  provided,  that  the  adjutant-general 
may  make  expenditures  at  any  time  for  the  promotion  of 
target  practice  out  of  the  appropriation  for  that  purpose 
herein  provided  for.  En.  March  12,  1872.  Re-en.  Stats. 
1905,  278. 

§  2080.  Annual  allowance  to  companies.  The  annual 
sum  of  two  hundred  and  fifty  dollars  must  be  audited  by 
the  adjutant-general,  and  paid  out  of  the  appropriation  for 
military  purposes,  to  each  company  of  the  National  Guard. 
The  amount  so  audited  and  allowed  must  be  paid  to  the 
commanding  officer  of  such  companies  for  the  use  thereof. 
En.  March   12,  1872.     Re-en.   Stats.   1905,   279. 

§  2081.  Bonds  of  officers;  captain  ex-officio  company 
treasurer.  All  officers  of  the  National  Guard  having  in 
their  possession  or  under  their  control  property  or  money 
of  the  state  or  of  the  United  States  or  of  any  company 
must  give  such  bonds  and  security  as  may  be  required  by 
the  adjutant-genera]  to  secure  the  state  from  loss  on  ac- 
count of  the  misuse  or  misapplication  of  any  state  or  com- 
pany property  or  funds.  Said  bond  must  be  with  two  or 
more  good  and  sufficient  sureties,  or  as  provided  in  section 
105G  of  the  Code  of  Civil  Procedure,  conditioned  upon  his 
faithful  performance  of  all  duties,  and  accounting  for  all 
property  and  moneys  including  company  funds,  of  which 
the  commanding  officer,  who  is  ex-offlclo  treasurer,  shall  be 
custodian.     En.  March  12,  1872.     Re-en.  Stats.  1905,  279. 


471  NATIONAL    GUARD.  55  2082-2086 

§  2082.  Transportation  of  arms.  The  transportation  of 
arms,  equipments,  and  military  stores  issued  to  troops  or 
received  by  the  state,  and  all  other  military  transportation, 
must  be  contracted  for  by  the  adjutant-general,  under  the 
direction  of  the  commander-in-chief;  and  vouchers  for  such 
transportation,  when  approved  by  the  adjutant-general, 
must  be  paid  from  the  appropriation  for  military  purposes, 
on  the  warrant  of  the  state  controller.  En.  March  12, 
1872.     Re-en.   Stats.  1905,  279. 

S  2083.  Adjutant-general  to  audit  claims.  The  adjutant- 
general  must  audit  and  allow  all  proper  claims  against  the 
military  fund  incurred  by  troops  in  the  service  of  this 
state  and  by  officers  attached  to  the  same.  En.  March  12, 
1872.     Am'd.  1895,  190.     Re-en.  Stats.  1905,  279. 

§  2084.  Duties  of  controller  and  treasurer.  The  con- 
troller of  the  state  must  draw  his  warrants  for  any  amount 
approved  and  allowed  as  provided  in  this  title,  and  the 
treasurer  of  the  state  must  pay  the  same  out  of  the  ap- 
propriation for  military  purposes,  if  not  otherwise  pro- 
vided. En.  March  12,  1872.  Am'd.  1897,  420.  Re-en.  Stats. 
1905,  279. 

§  2085.  Claims  exempt  from  board  of  examiners.  Claims 
audited  and  allow  3d  as  provided  in  this  chapter  are  exempt 
from  the  provisions  of  Article  XVIII  of  Chapter  III,  Part 
III,  of  this  code.  En.  Stats.  1877-8,  38.  Re-en.  Stats.  1905, 
279. 

§  2086.  Salaries,  adjutant-general's  office.  There  shall 
be  allowed  and  paid  out  of  the  general  fund  in  the  state 
treasury  the  following  salaries,  payable  monthly: 

(1)  To  the  adjutant-general,  three  thousand  dollars  per 
annum. 

(2)  To  the  assistant  adjutant-general,  two  thousand  four 
hundred  dollars  per  annum. 

(3)  One  chief  clerk,  eighteen  hundred  dollars  per  annum. 

(4)  Three  clerks,  sixteen  hundred  dollars  each  per  an- 
num. 


§§  2093,  2094  NATIONAL.   GUARD.  472 

(5)  One  stenographer,  twelve  hundred  dollars  per  an- 
num. 

(6)  One  armorer  and  porter,  twelve  hundred  dollars  per 
annum.    En.  Stats.  1877-8,  38.    Re-en.  Stats.  1905,  279. 


ARTICLE  VIII. 

PRIVILEGES,    PROHIBITIONS,    ETC. 

§  2093.  Exemption    from    arrest. 

§  2094.  Right   of   way.    Freedom   from   Interference. 

§  2095.  Trespassers  and   disturbers  to  be  placed  In  arrest. 

§  2096.  Bands. 

§  2097.  Decorations  and   medals. 

§  2098.  Exemptions,    etc. 

§  2099.  Casualties   In   the   National    Guard;   how   provided   for. 

§  2100.  By-laws. 

§  2101.  Fines. 

§  2102.  Honorary  members. 

§  2103.  Rules   and   regulations. 

§  2104.  Custom   and    usage   of   the    Jnito.:    ttL-t.^?    arajy. 

§  2105.  Colors. 

§  2106.  No   fees   allowed    to    officers    oor   administering   oaths. 

§  2093.  Exemption  from  arrest.  No  person  belonging  to 
the  military  forces  is  subject  to  arrest  on  civil  process 
while  going  to,  remaining  at,  or  returning  from,  any  place 
at  which  he  may  be  required  to  attend  for  military  duty. 
En.  March  12,  1872.  Am'd.  1885,  105.  Re-en.  Stats.  1905, 
280. 

§  2094.     Right  of  way.     Freedom  from  interference.    The 

commanding  officer  of  any  portion  of  the  active  militia 
parading  or  perfoiming  any  military  duty  in  any  street  or 
highway  may  require  any  or  all  persons  in  such  street  or 
highway  to  yield  Ihe  right  of  way  to  such  militia;  provided, 
the  carriage  of  United  States  mail,  the  legitimate  func- 
tions of  the  police,  and  the  progress  and  operations  of  the 
hospital  ambulances  and  fire  engines  and  fire  departments, 
and  apparatus  of  the  insurance  patrol  shall  not  be  inter- 
fered with  thereby.  All  others  who  shall  hinder,  delay 
or  obstruct  any  portion  of  the  active  militia  whenever  par- 
ading or  performing  any  military  duty,  or  who  shall  at- 
tempt so  to  do,  shall  be  guilty  of  a  misdemeanor.  En. 
March  12,  1872.     Am'd.  1875-6,  30;  1877-8,  40;  1880,  57;  1885, 


«3  NATIONAL,   GUARD.  S9  2096-2098 

106.  1887,  86;    1891,  125;   1893,  108;   1895,  191;   1897,  420; 
1901,  588.     Re-en.  Stats.  1905,  280. 

§  2095.  Trespassers  and  disturbers  to  be  placed  in  ar- 
rest. The  commanding  oflBcer  upon  any  occasion  of  duty 
may  place  in  arrest  during  the  continuance  thereof  any 
person  who  shall  trespass  upon  the  camp  ground,  parade 
ground,  armory,  or  other  place,  or  molest  the  orderly  dis- 
charge of  duty  by  those  under  arms,  or  shall  disturb  or 
prevent  the  passage  of  troops  going  to  or  returning  from 
any  duty.  En.  March  12,  1872.  Am'd.  1877-8,  39;  1880,  55; 
1891,  125.     Re-en.  Stats.  1905,  280. 

§  2096.  Bands.  When  bands  of  music  have  not  been  or- 
ganized for  any  regiment  or  battalion  in  the  manner  pro- 
vided in  the  regulations  of  the  Army  of  the  United  States, 
such  regiment  or  battalion,  through  its  commanding  of- 
ficer, may  hire  the  services  of  any  band  of  musicians;  and 
the  persons  so  employed  are,  during  the  term  of  their  en- 
gagement, subject  to  the  same  laws  and  regulations  that 
govern  the  military  with  which  they  may  serve.  En.  March 
12,  1872.     Re-en.  Stats.  1905,  280. 

§  2097.  Decorations  and  medals.  The  insignia  of  the 
Veterans  of  the  Mexican  War,  the  Military  Order  of  the 
Loyal  Legion,  the  Grand  Army  of  the  Republic,  the  United 
Spanish  War  Veterans,  and  of  the  armies  or  army  corps, 
indicating  actual  services  in  the  field,  medals  presented  by 
the  United  States,  and  state,  or  by  the  Native  Sons  of  the 
Golden  West,  indicating  service  in  the  Spanish-American 
War,  and  badges  indicating  long  and  faithful  service  in  the 
National  Guard  of  this  and  other  states,  and  state  decora- 
tions for  marksmanship,  may  be  worn  by  ofllcers  and  men 
of  the  National  Guard  entitled  to  them,  upon  the  breast,  in 
one  line,  on  the  dress  or  full  dress  uniform  coat,  the  top 
of  the  ribbons  on  a  line  with  the  arm-pit,  in  the  order 
named  above,  from  right  to  left.  No  other  medals,  badges, 
ribbons,  or  decorations  shall  be  worn.  En.  March  12,  1872. 
Am'd.   1877-8,   39.     Re-en.   Stats.   1905,   280. 

§  2098.  Exemptions,  etc.  (1)  All  officers  and  enlisted 
men  of  the  National  Guard  who  comply  with  all  military 
luties,  as  provided  by  law  and  regulations,  are  entitled  to 


16 


§  2099  NATIONAL    GUARD.  «4 

the  following  privileges  and  exemptions,  viz.:  Exemption 
from  road  tax  and  head  tax  of  every  description,  except  poll 
tax  provided  for  in  article  thirteen,  section  twelve,  of  the 
Constitution;  exemption  from  jury  duty,  and  service  on 
any  posse  comitatus.  All  officers  and  enlisted  men  who 
have  faithfully  served  in  the  military  service  of  this  state 
for  the  space  of  seven  consecutive  years,  or  eleven  years 
not  consecutive,  and  received  the  certificate  of  the  ad- 
jutant-general certifying  the  same,  are  thereafter  exempted 
from  further  jury  duty  and  military  duty  except  in  time 
of  war.  And  the  adjutant-general  must  issue  such  certifi- 
cate of  exemption  when  it  appears  that  the  party  applying 
is  entitled  to  the  same. 

(2)  Officers  and  enlisted  men  heretofore  or  hereafter 
honorably  discharged  or  mustered  out  of  the  service  by 
reason  of  the  disbandment  or  consolidation  of  any  organi- 
zation, or  by  the  provisions  of  any  act  of  the  legislature, 
shall  be,  and  the  same  are  hereby  entitled  to  all  the  privi- 
leges and  exemptions  mentioned  in  this  section,  upon  mak- 
ing a  proper  application  therefor;  provided,  they  shall  have 
served  at  least  five  years  continuously  in  the  National 
Guard. 

(3)  Former  members  of  the  National  Guard  who  have 
been  honorably  discharged  for  "expiration  of  term  of  ser- 
vice" or  on  account  of  "removal,"  and  have  returned  to 
the  limits  of  their  commands,  and  officers  who  have  re- 
signed, been  honorably  discharged,  or  whose  terms  have  ex- 
pired, who  re-eniist  or  re-enter  the  National  Guard  within 
ninety  days  from  the  date  of  their  discharge  or  the  expira- 
tion of  their  term  of  office,  will  be  given  credit  for  con- 
tinuous service,  and  the  enlistment  considered  consecutive. 
En.  March  12,  1872.     Re-en.  Stats.  1905,  281. 

§  2099.  Casualties  in  the  National  Guard;  how  provided 
for.  Every  officer  or  enlisted  man  wounded  or  disabled  in 
the  service  of  the  stare  shall  have  reasonable  expenses  paid 
him;  and  the  widow  and  children  of  every  officer  or  en- 
listed man  killed  in  the  service  of  the  state  shall  be  suit- 
ably provided  for  by  the  legislature.  En.  March  12,  1872. 
Am'd.  1875-6,  31;  1877-8.  39;  1880,  55;  1891,  126;  1897,  421. 
Re-en.  Stats.  1905,  281. 


475  NATIONAL    GUARD.  SS  2100-2104 

§  2100.  By-laws.  Regimental,  battalion,  and  company 
rules  of  government  and  by-laws,  regularly  adopted  by  a 
majority  of  the  elected  officers  of  such  regiments  and  bat- 
talions, or  members  of  companies,  and  approved  by  the 
commander-in-chief,  may  be  adopted  and  enforced  in  such 
regiments,  battalions,  and  companies,  if  they  are  not  in 
conflict  with  the  laws  and  regulations  of  this  state.  En. 
Stats.  1877-8,  41.     Re-en.  Stats.  1905,  281. 

§  2101.  Fines.  All  fines  and  penalties  for  nonattend- 
ance  upon  drills,  parades,  and  inspections,  legally  deter- 
mined and  imposed  upon  the  provisions  of  such  rules  and 
by-laws  provided  in  section  2100,  may  be  collected  by  ac- 
tion in  justices'  court,  in  the  name  of  the  people  of  the 
State  of  California;  and  the  books  and  records  of  regi- 
ments, battalions,  and  companies,  and  the  proceedings  un- 
der which  delinquents  are  fined,  are  prima  facie  evidence 
of  the  facts  therein  stated.  En.  Stats.  1889,  432.  Rep. 
1897,  421.     Re-en.  Stats.  1905,  281. 

§  2102.  Honorary  members.  Each  company,  troop,  or 
battery,  may  have  not  to  exceed  ten  honorary  members, 
who  shall  pay  fifty  dollars  per  annum  into  the  company, 
troop,  or  battery,  and  shall  thereupon  be  entitled  to  all  ex- 
emptions to  whicn  those  on  the  active  list  are  entitled,  and 
shall  not  be  required  to  drill  or  perform  any  military  duty 
by  reason  of  such  membership.     En.  Stats.  1905,  282. 

§  2103.  Rules  and  regulations.  The  commander-in-chief 
is  hereby  authorized  to  make  such  rules  and  regulations  as 
he  may  deem  expedient,  but  such  rules  and  regulations 
shall  conform  to  this  act,  and,  as  nearly  as  practicable,  to 
those  governing  the  United  States  Army,  and  when  promul- 
gated shall  have  the  same  force  and  effect  as  the  provisions 
of  this  chapter.  The  rules  and  regulations  in  force  at  the 
time  of  the  passage  of  this  chapter  shall  remain  in  force 
until  new  rules  and  regulations  are  approved  and  promul- 
gated.    En.  Stats.  1905,  282. 

§  2104.     Custom  and   usage  of  the   United   States  Army. 

All  matters  relating  to  the  organization,  discipline  and  gov- 
ernment of  the  National  Guard  not  otherwise  provided  for 
in  this  title  or  in  the  general  regulations  shall  be  decided 


§§  2105-2112  NATIONAL    GUARD.  476 

by  the  custom  and  usage  of  the  United  States  Army  or 
Navy,  respectively.     En.  Stats.  1905,  282, 

§  2105.  Colors,  The  colors  carried  by  organizations  of 
the  National  Guard  shall  be  such  as  are  borne  by  similar 
organizations  of  the  United  States  Army,  except  that  the 
regimental  or  battalion  colors  shall  have  thereon  the  state 
coat-of-arms,  instead  of  the  arms  of  the  United  States;  and 
no  military  organization  provided  for  by  the  constitution 
and  laws  of  the  state  and  receiving  state  support,  shall, 
while  under  arms,  either  for  ceremony  or  duty,  carry  any 
device,  banner,  or  flag  of  any  state  or  nation,  except  that 
of  the  United  States  or  the  State  of  California.  En.  Stats. 
1889,    432.     Am'd.    1897,    421.     Re-en.    Stats.    1905,    282. 

§  2106.  No  fees  allowed  to  officers  for  administering 
oaths.  No  officer,  civil  or  military,  qualified  to  administer 
oaths,  shall  charge  or  receive  any  fee  or  compen5.ation  for 
administering,  or  certifj'ing  any  ot^ths  administered  or  cer- 
tified, under  the  provisions  of  this  title.  En.  Stats.  1905, 
282. 

ARTICLE  IX, 

NAVAL,    MILITIA. 

§  2111.    Divisions. 
§  2112.     Organization. 

§  2111.  Divisions.  The  organized  Naval  Militia  of  Cal- 
ifornia shall  consist  of  seven  divisions,  including  one  engi- 
neer division.  The  Naval  Militia  shall  be  locatea  through- 
out the  coast  of  the  state  at  the  discretion  of  the  com- 
mander-in-chief. Th^  word  "division"  as  used  in  this  sec- 
tion in  connection  with  the  Naval  Militia  shall  have  the 
same  meaning  and  effect  as  "company"  when  used  in  con- 
nection with  the  infantry.  En.  March  12,  1872.  Am'd. 
1877-8,  40.     Re-en.  Stats.  1905,  282. 

§  2112.  Organization.  The  numerical  strength,  rank, 
titles,  and  insignia  of  rank  of  the  divisions  of  the  Naval 
Militia  shall  conform  to  the  laws,  rules,  and  regulations  of 
the  United  States  Navy,  so  far  as  the  same  may  be  ef- 
fectively applicable.  The  Naval  Militia  shall  be  com- 
manded by  a  captain.    There  shall  also  be  the  following 


477  NATIONAL,   GUARD,  5  2112 

commissioned  officers,  viz.:  one  commander  and  one  lieu- 
tenant commander,  who,  in  order  of  rank,  in  the  absence 
or  disability  of  the  superior,  shall  perform  his  duties  and 
shall  at  all  times  assist  the  commanding  officer  in  the  per- 
formance of  his  duties;  one  chief  engineer,  with  the  rank 
of  lieutenant  commander,  and  one  lieutenant.  The  lieu- 
tenant shall  be  subject  to  detail  by  the  commanding  of- 
ficer of  the  Naval  Militia  as  navigating  and  ordnance  of- 
ficer or  such  other  proper  detail  as  such  commanding  of- 
ficer may  desire.  The  above  officers  to  be  elected  iij  the 
same  manner  and  to  hold  office  for  the  same  term  as 
field  officers  of  the  National  Guard.  All  elections  for  of- 
ficers in  the  Naval  Militia  shall  be  ordered  by  the  com- 
mander-in-chief. 

There  may  also  be  a  chaplain,  who  shall  be  of  the  same 
grade  and  rank  as  in  the  United  States  Navy,  and  who 
shall  be  appointed  by  the  commander-in-chief.  Each  di- 
vision of  the  -Naval  Militia  shall  be  commanded  by  a  lieu- 
tenant, and  shall  include  one  lieutenant  junior  grade,  two 
ensigns,  and  not  less  than  forty  nor  more  than  one  hundred 
petty  officers  and  seamen.  The  commissioned  officers  of 
each  division  shall  be  elected  in  the  same  manner  and  hold 
office  for  the  same  term  as  company  officers  of  the  Na- 
tional Guard.  Officers  of  the  Naval  Militia  may  be  retired 
as  provided  in  section  1963,  of  this  chapter.  The  lieu- 
tenant and  the  lieutenant  junior  grade  of  the  engineer  di- 
vision shall  each  hold  the  grade  of  passed  assistant  en- 
gineer, and  the  ensigns  of  the  engineer  division  shall  each 
hold  the  grade  of  assistant  engineer.  All  engineer  officers 
shall  be  recognized  engineers  or  machinists  of  at  least  two 
years  standing.  The  pay  department  of  the  Naval  Militia 
shall  consist  of  one  paymaster  with  the  rank  of  lieutenant, 
and  one  passed  assistant  paymaster,  with  the  rank  of  lieu- 
tenant junior  grade,  who  shall  be  staff  officers,  to  be  ap- 
pointed and  qualified  as  are  other  staff  officers  of  the 
National  Guard.  The  medical  department  of  the  Naval 
Militia  shall  be  allowed  the  following  commissioned  offi- 
cers, viz.:  One  surgeon,  with  the  rank  of  lieutenant,  and 
there  may  be  to  each  division  of  the  Naval  Militia  one  as- 
sistant surgeon  with  the  rank  of  lieutenant  junior  grade. 
The  appointment  of  the  commissioned  officers  of  the  medi- 
cal department  of  the  Naval  Militia  shall  be  made  by  the 


§  2112  NATIONAL,    GUARD.  478 

commander-in-chief,  and  no  person  shall  receive  the  ap- 
pointment of  surgeon  or  assistant  surgeon  unless  he  is  a 
licensed  graduate  of  a  medical  school,  and  unless  he  shall 
have  been  examined  and  approved  by  a  medical  board, 
consisting  of  not  less  than  three  surgeons,  designated  by 
the  commander-in-chief,  upon  the  recommendation  of  the 
surgeon  general  of  the  National  Guard.  All  officers  of  the 
Naval  Militia,  prior  to  being  commissioned,  consequent 
upon  an  election,  appointment,  re-election,  or  reappoint- 
ment, shall  be  subject  to  examination  as  to  qualification 
and  general  fitness  for  the  service  by  a  board  of  officers, 
to  be  detailed  by  the  commander-in-chief.  The  warrant  of- 
ficers, chief  petty  officers,  and  petty  officers  of  the  Naval 
Militia  shall  be  the  same  as  in  the  United  States  Navy  and 
of  such  number  as  ihe  exigencies  of  the  service  may  re- 
quire. WaiTants  for  warrant  officers  may  be  issued  by  the 
adjutant-general  upon  the  recommendation  of  the  com- 
manding officer  of  the  Naval  Militia.  Chief  petty  officers 
and  petty  officers  shall  be  appointed  by  the  commanding 
officer  of  the  Naval  Militia.  The  organization  of  the  Naval 
Militia  shall  conform  generally  to  the  provisions  of  the 
laws  of  the  United  States;  and  the  system  of  discipline  and 
exercise  shall  conform,  as  nearly  as  may  be,  to  that  of 
the  navy  of  the  United  States,  as  it  is  now,  or  may  here- 
after be,  prescribed  by  Congress,  and  that  prescribed  by 
the  provisions  of  the  Political  Code  relating  to  the  National 
Guard  of  California;  and  the  commander-in-chief  shall 
have  power  to  alter,  divide,  annex,  consolidate,  or  disband 
the  Naval  Militia,  whenever  in  his  judgment  the  efficiency 
of  the  state  forces  will  thereby  be  increased,  and  he 
shall  have  power  to  make  such  rules  and  regulations  as 
may  be  deemed  proper  for  the  use,  government,  and  in- 
struction of  the  Naval  Militia;  but  such  rules  and  regula- 
tions shall  conform  as  nearly  as  practicable  to  those  gov- 
erning the  United  States  Navy.  The  commander-in-chief 
is  authorized  to  apply  to  the  President  of  the  United 
States  for  the  detail  of  commissioned  and  petty  officers  of 
the  navy,  to  act  as  inspectors  and  instructors  in  the  art 
of  naval  warfare.  Courts-martial  for  the  Naval  Militia, 
when  necessary,  shall  be  ordered  by  the  commander-in- 
chief,  and  shall  be  organized  and  conducted  under  the 
laws,  regulations,  and  usages  of  the  United  States  Navy 
and  the  provisions  and  section  relating  to  military  courts 
in  this  chapter.  The  proceedings  shall  be  reviewed  and 
sentences  executed   as   provided   in   this   chapter. 


479  NATIONAL   GUARD.  §§  2113-2117 

Sec.  2.  The  provisions  of  this  chapter  shall  be  in  force 
and   effect  from   and  after  its   passage  and  approval. 

Sec.  3.  All  officers  of  the  National  Guard  deprived  of 
office  by  reason  of  this  act  are  hereby  placed  uptn  the  re- 
tired list,  with  the  rank  held  by  each.  En.  March  12,  1872. 
Rep.  1875-6,  31.     Re-en.  Stats.  1905,  283. 

§  2113.  Salary  of  adjutant-general.  The  annual  salary 
of  the  adjutant-general  is  three  thousand  dollars.  En. 
March  12,  1872.     Repealed.     See  sec.  2086  ante. 

§  2114.  Salary  of  assistant  adjutant-general.  The  an- 
nual salary  of  the  assistant  adjutant-general  of  the  state 
of  California  is  the  same  as  the  salary  paid  to  deputies  for 
other  state  officers,  namely,  two  thousand  four  hundred 
dollars.  En.  March  12,  1872.  Am'd.  1877-8,  5;  1889,  174. 
Repealed.     See  sec.  2086,  ante. 

§  2115.     Salaries,  when    and   out  of  what  fund    payable. 

The  salaries  provided  for  in  this  chapter  are  payable 
monthly  out  of  the  general  fund  in  the  state  treasury.  En. 
March  12,  1872.     Repealed.     See  sec.  2086  ante. 

§  2116.     Official   bond.     The   adjutant-general   must  exe- . 
cute  an  official  bond  in  the  sum  of  twenty-five  thousand  dol- 
lars.    En.  March  12,  1872.     Repealed.     See  sec.  1924  ante. 

Official  bonds:   Ante,  sees.  947-987. 

§  2117.  Title  in  force,  etc.  The  provisions  of  this  title 
shall  be  in  force  and  effect  from  and  after  the  first  day  of 
May,  eighteen  hundred  and  seventy-two.  The  adjutant- 
general  is  hereby  directed  to  have  prepared  and  printed 
for  the  use  of  the  National  Guard  of  the  state,  whenever- 
in  his  judgment  it  may  be  deemed  necessary,  the  laws  and 
regulations  authorized  by  section  one  thousand  nine  hun- 
dred and  forty-one  of  the  Political  Code.  After  distributing 
a  sufficient  number  to  the  officers  of  the  National  Guard, 
the  remaining  copies  may  be  sold  to  members  of  companies 
and  regiments,  and  to  all  others  who  may  desire  to  pur- 
chase the  same.  The  price  of  copies  sold  shall  not  exceed 
one  dollar.  The  money  thus  received  shall  be  paid  by  the 
adjutant-general  into  the  state  treasury  at  the  end  of  each 
month.  The  moneys  thus  received  by  the  state  treasury 
shall  be  placed  to  the  credit  of  the  general  fund.  The 
number  of  copies  authorized  by  this  section  shall  not 
exceed  three  thousand  (3,000)  in  any  one  year.  En.  March 
12,  1872.  Am'd.  1881,  33.  Obsolete.  Section  1941  is  re- 
pealed. 


STATE  COMMISSION  IN  LUNACY.  483 

TITLE    V. 

PUBLIC   INSTITUTIONS. 

Chapter  I.     State  Commis.sion  in  Lunacy,  State  Hospitals, 
and  Care,  Custody,  Apprehension,  Commit- 
ment of  Insane  and  other  Incompetent  Per- 
sons, §§  2136-2199. 
II.     Deaf,  Dumb,  and  Blind  Asylum,  §§  2237-2282. 

III.  State  Library,  §§  2292-2305. 

IV.  Supreme  Court  Library,  §§  2313-2316. 

V.  Other  Public  Institutions,  §§  2326-2328. 

CHAPTER  I. 

STATE      COMMISSION      IN      LUNACY,      STATE      HOSPITALS,      AMU 

CARE,      CUSTODY,      APPREHENSION,      COMMITMENT 

OF   INSANE   AND   OTHER   INCOMPETENT 

PERSONS. 

§  2136.  Commission    in    lunacy— of    whom    consists. 

§  2137.  Tile    superintendent,     liis    appointment,    quaiiflcation,    and    sal- 
ary. 

§  2138.  Office   and   meetings   of   tlie  commission. 

§  2139.  The   seal   of   the   commission. 

§  2140.  Expenses    and    salary    of    commission. 

§  2141.  Powers    of    commission. 

§  2142.  Duties    of    commission. 
§  2142a.  Special    investigations    by    commission. 

§  2143.  Visits,     examinations,    and    reports. 

I  2144'.  Information    to    hi    furnished    to    the    commission. 

§  2145.  State   hospitals. 

§  2146.  The   property   of    the    hospitals. 

§  2147.  Managers   of   the    state    hospitals,    and    their   appointment. 

§  2148.  Managers,   eligibility   of,   and  causes  of  forfeiture  of  office. 

§  2149.  Managers'     compensation. 

§  2150.  Powers  and   duties  of   the   managers. 

§  2151.  Limitation   upon   the  powers  of  managers. 

§  2152.  Appointments   by   the   managers. 

§  2153.  The    medical    superintendent    and    his   duties. 
§  21.')3a.  Appointees   of    the    medical    superintendents. 

§  2154.  Salaries. 

§  2155.  Removals. 

8  2156.  Resident  officers. 

§  2157.  Restrictions    on    physicians    and    medical    superintendents. 

S  2158.  Contingent    fund,    how   used. 


483  STATE   COMMISSION    IN    LUNACY.  8  21M 

§  2159.  Duties    of    the    treasurer. 

§  21C0.  Financial    statements. 

§  2161.  The    steward,    and    his   powers   and   duties. 

§  2162.  Purchase    of    supplies. 

§  2163.  Manufacturers   at   the   state   hospitals. 

§  21C4.  Oaths   of   office. 

§  2165.  Inventories    by    medical    superintendents. 

§  216r)a.  Prohibition   of   actions. 

§  216S.  Recommendations  and   their   filing. 

§  2167.  Detention     hospitals. 

§  2167a.  Medical    examiners. 

§  216S.  Charges  of  Insanity,   and  proceedings   thereon. 

§  2169.  Attendance   and    examination    of    witnesses. 

§  2170.  Certificate    of    examiners. 

§  2171.  Order   of   commitment. 

§  2172.  Execution  of  the  order  of  commitment. 

§  2173.  Right    to    refuse    to    receive    person    committed. 

§  2174.  Jury    trial. 

§  2175.  Costs   of    proceedings. 

§  217oa.  Limitations    with    respect    to   imbecile    persons. 

§  2176.  Liability    of    relatives    and    guardians    of    Insane   persons. 

§  2177.  Insane    persons    m    care    of    their    relatives    or    guardians.    Duty 

of    the   commission. 

§  2178.  Duties    of   district    attorneys. 

§  2179.  Appointment    of    guardian. 

§  2180.  Fixing  amount   to  be   paid   for  support. 

§  2181.  Orders   to    be    made    for    payments    by    guardians. 

§  2182.  Suits   against   relatives. 

§  2183.  Duties   of  officers  respecting   Insane  poor. 

§  2184.  Homeopathic   treatment. 

§  2185.  Admissions   under   special    agreements. 

§  21S5a.  Admission    of   Insane   soldiers   and   sailors. 

§  2186.  Superintendent's    duty    to    examine    new    patients. 

§  2187.  Transfer   of   patients. 

§  2188.  Habeas   corpus. 

§  2189.  Discharge   of   ijatltnts. 

§  2190.  Clothing    of    discharged    patients. 

§  2190a.  Escaped     patients 

§  2191.  Return   of  insane  person     to  other  state  or  country. 

§  2192.  Commitments  of  Incompetents  other  than  insane  persons. 

§  2193.  Moneys    recelyed    from    counties    for   support    of   incompetents. 

§  2194.  Admissions   of   incompetents   by   agreement. 

§  2195.  Terms    of    life    tenure. 

§  2196.  Private   hospitals. 

§  2197.  Actions    by    commission. 

§  2198.  Interpretation. 

§  2199.  Reservations. 
§§  2200-2222.     (Repealed.) 

§  2136.     Commission      in      lunacy — of     wliom     consists. 

There  shall  continue  to  be  a  state  commission  in  lunacy 
consisting  of  five  members,  to  wit:  The  general  superin- 
tendent of  the  state  hospitals,  the  secretary  of  the  state 
board  of  health,  and  the  three  members  of  the  state  board 
of  examiners.  In  the  absence  of  the  governor,  at  any  meet- 
ing of  the  commission,  the  secretary  of  the  state  board  of 
examiners  is  authorized  to  act  in  his  place,  with  the  same 


§§  2137-2140  STATE    COMMISSION    IN    LUNACY.  484 

powers  and  with  like  effect  as  the  governor  might  exer- 
cise, if  present;  and  in  the  like  absence  of  the  attorney- 
general,  the  assistant  atforney-general  may  act  in  his  place, 
with  like  authority  as  he  might  exercise,  if  present.  All 
the  members,  other  than  the  general  superintendent,  must 
serve  without  salary.  En.  March  12,  1872.  Rep.  1903,  485. 
En.  Stats.  1903,  486. 

§  2137.  The  superintendent,  his  appointment,  qualifica- 
tion, and  salary.  The  general  superintendent  of  state 
hospitals  is  appointed  by  the  governor,  to  hold  oflBce  for 
four  years,  and  must  not  hold  any  other  office.  He  must 
be  a  reputable  physician,  and  graduate  of  an  incorporated 
medical  college,  who  has  had  at  least  ten  years'  actual 
practice  in  his  profession,  and  six  years'  actual  experience 
in  the  care  and  treatment  of  the  insane,  at  least  one  year 
of  which  must  have  been  in  the  state  hospitals  of  this  state. 
His  salary  is  four  thousand  dollars  per  annum,  and  cannot 
be  changed  during  his  term  of  office,  and  he  must  also  be 
allowed  his  actual  traveling  and  incidental  expenses,  to 
be  audited  by  the  other  members  of  the  commission.  En. 
March  12,  1872.  Am'd.  1883,  288;  1889,  177.  Rep.  1903, 
485.     En.  1903,  487. 

Cal.  Rep.  Cit.     89,  603. 

§  2138.  Office  and  meetings  of  the  commission.  The  sec- 
retary of  state  must  provide  the  commission  with  a  suit- 
ably furnished  office  in  the  state  capitol,  in  which  it  must 
hold  stated  meetings  at  least  once  in  every  three  months. 
It  may  hold  other  meetings  at  such  office,  or  elsewhere,  at 
such  times  as  it  may  be  deemed  necessary.  En.  March  12, 
1872.     Rep.  1903,  485.     En.  1903,  487. 

§  2139.  The  seal  of  the  commission.  The  commission 
must  have  and  keep  an  official  seal.  Every  process,  order, 
or  other  paper  issued  or  executed  by  the  commission,  may, 
by  its  direction,  be  attested  with  Its  seal  by  the  secretary, 
or  by  any  member  of  the  commission,  and  when  so  at- 
tested must  be  deemed  to  be  duly  executed  by  the  com- 
mission. En.  March  12,  1872.  Rep.  1903,  485,  En.  1903, 
487. 

§  2140.  Expenses  and  salary  of  commission.  The  sal- 
ary of  the  general  superintendent  and  the  reasonable  ex- 
penses of  the  commission,  and  of  the  necessary  clerical 
assistance,  must  be  paid  by  the  treasurer  of  state  on  the 
warrant  of  the  controller,  out  of  any  money  appropriated 


485  STATE    COMMISSION    IN    LUNACT.  §5  2141,  2142 

for  the  support  of  the  insane,  feeble-minded  and  other  in- 
competent persons,  pro  rata,  from  the  amount  appropriated 
for  the  maintenance  of  each  hospital.  En.  March  12,  1872. 
Am'd.  1877-8,  45.     Rep.  1903,   485.     En.  1903,  487. 

§  2141.  Powers  of  commission.  The  commission  has 
power: 

1.  To  employ  a  secretary,  a  stenographer,  and  such 
other  employees  as  it  may  deem  necessary  and  fix  their 
compensations. 

2.  To  appoint,  by  its  order,  a  competent  person  to  ex- 
amine the  books,  papers,  and  accounts,  and  also  into  the 
general  condition  and  management  of  any  institution  in 
this  chapter  mentioned,  to  the  extent  deemed  necessary 
and  specified  in  such  order; 

3.  To  fix  the  annual  salaries  of  the  resident  officers  and 
treasurer  of  the  state  hospitals,  which  must  be  uniform  in 
all  state  hospitals  for  the  insane  and  as  near  uniform  as 
possible  in  all  state  hospitals,  and  to  classify  the  other 
officers  and  employees  in  grades,  and  determine  the  sal- 
aries and  wages  to  be  paid  in  each  grade,  which  must  be 
uniform  in  all  hospitals  for  the  insane,  and  as  near  uni- 
form as  possible  in  all  state  hospitals. 

4.  To  determine  the  kind  and  character  of  all  employees 
who  shall  be  employed  at  any  state  hospital  according  to 
the  needs  and  objects  of  the  hospital.    En.  Stats.  1903,  487. 

§  2142.  Duties  of  commission.  The  duties  of  the  com- 
mission are: 

1.  To  take  charge  of  the  execution  of  the  laws  relating 
to  the  care,  custody,  and  treatment  of  the  insane,  feeble- 
minded persons,  epileptics  and  idiots,  and  other  incom- 
petent persons  as  provided  in  this  chapter; 

2.  To  examine  all  public  and  private  institutions  receiv- 
ing and  caring  for  the  insane  and  other  incompetent 
persons,  and  inquire  into  their  methods  of  government, 
and  the  treatment  of  all  inmates  thereof; 

3.  To  examine  into  the  condition  of  all  buildings, 
grounds,  or  other  property  connected  with  such  institu- 
tions, and  into  all  matters  relating  to  their  management. 
For  the  purposes  specified  in  this  subdivision,  each  com- 
missioner is  entitled  to  free  access  to  the  grounds,  build- 
ings, and  all  books  and  papers  relating  to  any  such  insti- 


§  2142  STATE    COMMISSION    IN    LUNACT.  «« 

tution,  and  every  person  connected  therewith  must  give 
such  information  and  afford  such  facilities  for  any  such 
examination  or  inquiry,  as  the  commissioners  may  require; 

4.  To  make  such  regulations  in  regard  to  the  corre- 
spondence of  the  inmates  in  said  institutions  in  custody 
as  in  its  judgment  will  promote  their  interests,  which 
regulations  must  be  complied  with  and  enforced  by  the 
proper  authorities  of  each  institution;  but  no  restriction 
must  be  placed  upon  the  correspondence  of  si:ch  inmates 
with  the  superior  judge  and  district  attorney  of  the  county 
from  which  they  were  committed  or  admitted  to  such  in- 
stitutions; 

5.  To  adopt,  for  all  hospitals,  rules  and  regulations, 
books  of  record  for  steward's  and  all  departments,  blank 
forms,  both  clinical  and  otherwise,  questions  for  examina- 
tion of  employees,  and  for  examination  in  all  tht  different 
branches  of  medicine  and  surgery,  and  especially  in 
diseases  affectin:;  the  mind  and  nervous  system,  of  all 
officers  and  internes,  for  the  special  use  of  the  hospital; 

6.  To  keep  in  its  office  a  'ecord  showing  the  name, 
residence,  and  certificate  of  each  duly  qualified  medical 
examiner,  and  to  immediately  file,  when  received,  each 
duly  certified  copy  of  a  medical  examiner's  certificate,  and 
advise  him  o_  its  receipt  and  31ing; 

7.  To  keep  in  its  office  a  record  showing: 

(1)  The  name,  residence,  sex,  age,  nativity,  occupation, 
civil  condition,  and  date  of  commitment  of  every  patient 
and  inmate  in  custody  in  the  several  institutions  for  the 
care  and  treatment  ot  insane  and  other  incompetent  per- 
sons in  the  state,  and  the  name  and  residence  of  the  person 
making  the  petition  for  commitment,  and  of  the  persons 
signing  the  medical  certificate,  and  of  the  judge  making 
th  !  order  of  commitment; 

(2)  The  name  of  the  institution  where  each  patient  or 
inmate  is  confined,  the  date  of  admission,  and  whether 
brought  from  home  or  another  institution,  and  if  from 
another  institution,  the  name  of  such  institution,  by  whom 
brought,   and   the   patient's   or  inmate's  condition; 

(3)  The  date  of  the  discharge  of  each  patient  or  inmate 
from  such  institution,  and  whether  recovered,  improved, 
or  unimproved,  and  to  whose  care  committed; 

(4)  If  transferred,  for  what  cause,  and  to  what  institu- 
tion; and  if  dead,  the  date  and  cause  of  death; 


487  STATE  COMMISSION  IN  LUNACY.  §  2142a 

(5)  The  date  of  discharge  of  each  inmate  from  the  home 
for  feeble-minded  since  July  1,  1902,  and  mental  condition 
when  discharged; 

8.  To  report  and  recommend  to  the  legislature  the  neces- 
sary prospective  needs  for  the  care,  custody,  and  treat- 
ment of  the  poor  and  indigent  insane  and  other  incompe- 
tent persons  mentioned  in  this  chapter,  and  for  the  pur- 
pose of  preventing  overcrowding,  it  must  recommend  to 
the  legislature  the  establishment  of  cottages  at  such  of 
the  state  hospitals  as  in  its  judgment  will  best  meet  the 
requirements  of  such  persons. 

9.  To  furnish  the  legislature  an  estimate  of  the  probable 
number  of  patients  who  will  become  inmates  of  the  re- 
spective state  hospitals  during  the  two  years  beginning 
July  first,  next  ensuing,  and  the  cost  of  all  additional 
buildings  and  equipments,  if  any, « which  will  be  required 
to  carry  out  the  provisions  of  this  chapter  relating  to  the 
care,  custody,  and  treatment  of  the  poor  and  indigent 
insane  and  other  incompetents  of  the  state; 

10.  To  biennially  report  to  the  legislature  its  acts  and 
proceedings  for  the  two  years  ending  June  thirtieth,  last 
preceding,  with  such  facts  regarding  the  management  of 
the  institutions  for  the  insane  and  other  incompetents  as 
it  deems  necessary  for  the  information  of  the  legislature, 
including  estimates  of  the  amounts  required  for  the  use 
of  such  hospitals  and  the  reasons  therefor;  and  also  the 
annual  reports  made  to  the  commission  by  the  board  of 
managers  of  each  state  hospital.     En.  Stats.  1903,  487. 

§  2142a.  Special  investigations  by  commission.  When 
the  commission  has  reason  to  believe  that  any  person  held 
in  custody  as  insane  or  incompetent  is  wrongfully  deprived 
of  his  liberty,  or  is  cruelly  or  negligently  treated,  or  in- 
adequate provision  is  made  for  his  skillful  medical  care, 
proper  supervision,  and  safekeeping,  it  may  ascertain  the 
facts,  or  may  order  an  investigation  of  the  facts  by  one 
or  all  of  its  members.  It,  or  the  commissioner  conducting 
the  proceeding,  may  issue  compulsory  process  for  the 
attendance  of  witnesses  and  the  production  of  papers,  and 
exercise  the  powers  conferred  upon  a  referee  in  a  superior 
court.  The  commission  may  make  such  orders  for  the  care 
and  treatment  of  such  person  as  it  may  deem  proper. 
Whenever  the  commission  undertakes  an  investigation 
into  the  general  management  and  administration  of  any 
hospital  for  the  insane  or  incompetents  or  places  of  deten- 


§  2143  STATE   COMMISSION    IN    LUNACY.  488 

tion  for  the  alleged  insane  or  incompetents,  it  may  give 
notice  to  the  attorney  general  of  any  such  investigation, 
who  must  appear  personally  or  by  deputy,  and  examine 
witnesses  who  may  be  in  attendance.  The  commission,  or 
any  member  thereof,  may  at  any  time  visit  and  examine 
the  inmates  of  any  county,  city  and  county,  or  city  alms- 
house, to  ascertain  if  insane  persons  are  kept  therein. 
When  complaint  is  made  to  the  commission  regarding  the 
officers  of  any  hospital  or  institution  for  the  insane  or 
other  incompetents,  or  regarding  the  management  thereof 
or  of  any  person  detained  therein  or  regarding  any  per- 
scj  held  in  custody  as  insane  or  incompetent,  the  com- 
mission may,  before  making  an  examination  regarding 
such  complaint,  require  the  same  to  be  made  in  writing 
and  sworn  to  before  an  officer  authorized  to  administer 
oaths,  and  on  receiving,  such  complaint,  sworn  to  if  re- 
quired by  the  commission,  the  commission  shall  direct 
that  copy  of  such  complaint  be  served  on  the  authorities 
of  the  hospital  or  institution  or  the  person  against  whom 
complaint  is  made  together  with  notice  of  time  and  place 
of  such  investigation  as  the  commission  may  direct.  En. 
Stats.  1903,  489. 

§  2143.  Visits,  examinations,  and  reports.  The  general 
superintendent  of  state  hospitals  must  visit  every  state 
hospital  at  least  twice  in  each  year.  Visits  may  be  made 
by  the  commissioners  jointly,  or  singly,  at  such  times  as 
the  visiting  commissioner  or  commissioners  may  choose. 
Each  visit  must  include,  to  the  fullest  extent  deemed 
necessary,  an  inspection  of  every  part  of  each  institution, 
and  all  the  outhouses,  places,  buildings,  and  grounds  be- 
longing thereto,  or  used  in  connection  therewith.  The 
general  superintendent,  or  a  majority  of  the  members  of 
the  commission,  must,  from  time  to  time,  make  an  exam- 
ination of  all  records  and  methods  of  administration,  the 
general  and  special  dietary,  the  stores  and  methods  of 
supplies,  and,  as  far  as  the  circumstances  will  permit,  of 
every  patient  confined  therein,  especially  those  admitted 
since  the  preceding  visit,  giving  such  as  may  require  it, 
suitable  opportunity  to  converse  with  the  commissioners, 
apart  from  the  officers  and  attendants.  They  must,  as  far 
as  they  deem  necessary,  examine  the  officers,  attendants, 
and  other  employees,  and  make  such  inquiries  as  will 
determine  their  fitness  for  their  respective  duties.  At  the 
next  regular  or  special  meeting  of  the  commission,  after 
any  such  visit,  the  visiting  commissioner,  or  commission- 


489  STATE    COMMISSION    IN   LUNACY.  §§  2144,  2145 

ers,  must  report  the  result  thereof,  with  such  recom- 
mendations for  the  better  management  or  improvement 
in  such  institutions  as  they  may  deem  necessary.  But 
such  recommendations  must  not  be  contrary  to  the  medi- 
cal doctrines  of  the  particular  school  of  medicine  adopted 
by  such  institution.  The  commissioners  must,  from  time 
to  time,  meet  the  managers  or  responsible  authorities  of 
such  institutions,  or  as  many  of  the  members  as  practic- 
able, in  conference,  and  consider,  in  detail,  all  questions 
of  management  and  improvement  of  the  institutions,  and 
must  also  send  to  them,  in  writing,  if  approved  by  a 
majority  of  the  commissioners,  such  recommendations  in 
regard  to  the  management  and  improvement  of  the  in- 
stitutions as  they  may  deem  necessary  or  desirable.  The 
times  and  places  of  such  conferences  shall  be  designated 
by  the  commission.     En.  Stats.  1903,  490. 

§  2144.  Information  to  be  furnished  to  tiie  commission, 
'-'he  authorities  for  the  several  hospitals  must  furnish  to 
the  commission  the  facts  mentioned  in  subdivision  seven 
of  section  twenty-one  hundred  and  forty-two  and  such 
other  obtainable  facts  as  the  commission  may,  from  time 
to  time,  in  the  discharge  of  its  duties,  require  of  them, 
with  the  opinion  of  the  superintendent  thereon,  if  re- 
quested. The  superintendent  or  other  person  in  charge  of 
a  hospital  must,  within  ten  days  after  the  admission  of 
any  person  thereto,  cause  a  copy  of  the  medical  certifi- 
cate and  order  on  which  such  person  was  received  to  be 
forwarded  to  the  office  of  the  commission,  and  when  a 
patient  or  inmate,  is  discharged,  transferred,  or  dies,  such 
superintendent,  or  person  in  charge,  must,  within  three 
days  thereafter,  send  the  information  to  the  office  of  the 
commission,  in  accordance  with  the  forms  prescribed  by 
it.     En.  Stats.  1903,  490. 

§  2145.  State  hospitals.  There  are  established  the  fol- 
lowing state  hospitals,  which  are  declared  to  be  corpora- 
tions: 

1.  The  Stockton  state  hospital  at  the  city  of  Stockton, 
formerly  known  as  the  Stockton  state  insane  asylum  at 
Stockton ; 

2.  Napa  state  hospital,  near  the  city  of  Napa,  hitherto 
known  as  the  Napa  state  asylum  for  the  insane  at  Napa; 

3.  Agnews  state  hospital,  near  the  city  of  San  Jose,  for- 
merly known   as  the   state  insane  asylum   at  Agnews; 


§§  2146,  2147  STATE  COMMISSION  IN  LUNACT.  4M 

4.  Mendocino  state  hospital,  near  the  city  of  Ukiah, 
hitherto  known  as  the  Mendocino  state  insane  asylum  at 
Ukiah; 

5.  Southern  California  state  hospital,  near  the  city  of 
San  Bernardino,  hitherto  known  as  the  southern  Cali- 
fornia state  insane  asylum  for  the  insane  and  inebriates, 
San  Bernardino; 

Said  state  hospitals  being  for  the  care  and  treatment 
of  the  insane; 

6.  The  California  home  for  the  care  and  training  of 
feeble-minded  children  at  Eldridge,  Sonoma  County; 

The  object  of  said  home  is  such  care,  training,  and 
education  of  those  received,  as  will  render  them  more 
comfortable  and  hap;,  y  and  better  fitted  to  care  for  and 
support  themselves.  To  this  end  the  managers  must 
furnish  them  such  agricultural  and  mechanical  education 
as  they  may  be  capable  of  receiving  and  all  that  the 
facilities  offered  by  the  state  will  allow,  including  farm 
work,  shops,  and  the  employment  of  trade  teachers.  The 
hospital  must,  on  the  conditions  in  this  act  prescribed, 
receive  and  care  for  feeble-minded  persons,  inbeciles, 
idiots,  and  epileptics  who  are  not  insane.  En.  Stats.  1903, 
490. 

§  2146.  The  property  of  the  hospitals.  Each  of  the  cor- 
porations mentioned  in  the  preceding  section  may  acquire 
and  held  in  its  corporate  name,  by  gift,  devise,  or  bequest, 
property  to  be  applied  to  the  maintenance  of  the  inmates 
of  the  hospitals  and  for  the  general  use  of  the  corpora- 
tion. All  lands  necessary  for  the  use  of  state  hospitals 
must  be  acquired  by  condemnation  as  lands  for  other  pub- 
lic uses  are  acquired,  except  those  acquired  by  gift,  de- 
vise, or  purchase,  and  the  terms  of  every  purchase  must 
be  approved  by  the  commission.  No  public  street  or  road 
for  railway  or  other  purposes,  except  for  hospital  use, 
must  be  opened  through  the  lands  of  any  state  hospital, 
unless  the  legislature  by  special  enactment  consents  there- 
to.   En.  Stats.  1903,  491. 

§  2147.  Managers  of  the  state  hospitals,  and  their  ap- 
pointment. Each  hospital  has  a  board  of  five  managers 
or  trustees  appointed  by  the  governor,  each  of  whom  holds 
office  for  the  term  of  four  years  from  and  after  his  ap- 
pointment, and  the  terms  of  not  more  than  two  must  ex- 


491  STATE  COMMISSION  IN  LUNACT.  B8  2148-2150 

pire  in  any  one  year.  Such  trustees  or  managers  shall 
hereafter  be  termed  managers.  If  a  vacancy  occurs  other- 
wise than  by  the  expiration  of  a  term,  it  must  be  filled  by 
appointment  for  the  unexpired  term.  Any  manager  Is 
subject  to  removal  by  the  governor,  upon  good  cause 
shown  and  opportunity  to  be  heard.  The  managers  or 
trustees  of  each  hospital  now  in  office  shall  continue  in 
office  during  the  terms  for  which  they  were  appointed. 
En.  Stats.  1903,  491. 

§  2148.  Managers,  eligibility  of,  and  causes  of  forfeiture 
of  office.  No  person  is  eligible  to  the  office  of  manager, 
who  is  a  member  of  the  legislature  or  an  elective  state 
officer,  and  if  he  becomes  such  after  his  appointment  his 
office  is  thereby  vacated.  If  any  manager  fails  for  three 
months  to  attend  the  regular  meetings  of  tho  board,  unless 
he  is  ill  or  absent  from  the  state,  his  office  becomes  va- 
cant, and  the  board,  by  resolution  must  so  declare,  and 
must  forthwith  transmit  a  certified  copy  of  such  resolu- 
tion  to   the   governor.    En.    Stats.    1903,   491. 

§  2149.  Managers'  compensation.  The  managers  are 
entitled  to  ten  dollars  per  day  for  their  attendance  at 
meetings  of  the  board,  and  while  in  the  actual  service  of 
the  state,  and  to  their  necessary  traveling  expenses,  to  be 
paid  as  are  other  current  expenses  of  the  hospital;  pro- 
vided, that  no  manager  shall  receive  more  than  two  hun- 
dred and  forty  dollars,  exclusive  of  traveling  expenses,  in 
any  one  year.    En.  Stats.  1903,  492. 

§  2150.  Powers  and  duties  of  the  managers.  Subject  to 
the  powers  of  the  commission,  each  board  of  managers  has 
general  control  and  direction  of  the  property  and  concerns 
of  the  institution  for  which  it  is  appointed,  not  otherwise 
provided  by  law.  It  is  the  duty  of  the  board  of  managers: 
1.  To  take  care  of  the  interests  of  the  hospital,  and  see 
that  its  design  and  its  by-laws,  rules,  and  regulations  are 
carried  into  effect,  according  to  law; 

2.  To  establish  such  by-laws,  rules,  and  regulations  sub- 
ject to  the  approval  of  the  commission,  as  it  may  deem 
necessary  and  expedient  for  regulating  the  duties  of 
officers  and  employees  of  the  hospital,  and  for  the  inter- 
nal government,  discipline,  and  management  of  the  same; 

3.  To  maintain  an  effective  inspection  of  the  hospital, 
for  which  purpose  a  majority  of  the  board  must  visit  the 


I  2151  STATE    COMMISSION    IN    LUNACY.  492 

hospital  at  least  every  month,  and  the  whole  board  once 
a  year,  and  at  such  other  times  as  may  be  prescribed  in 
the  by-laws; 

4.  To  keep,  in  a  book  provided  for  the  purpose,  a  fair 
and  full  record  of  us  doings,  which  must  at  all  times  be 
open  to  the  inspection  of  the  commissioners  in  lunacy,  or 
either  house  of  the  legislature; 

5.  To  cause,  within  ten  days  after  each  meeting  of  such 
managers,  or  a  committee  thereof,  a  copy  of  the  minutes 
and  proceedings  of  such  meeting  to  be  sent  to  each  mem- 
ber of  such  board  and  to  the  commission; 

6.  To  enter,  in  a  book  kept  by  them  for  that  purpose,  the 
date  of  each  of  their  visits,  and  the  condition  of  the  hos- 
pital and  patients,  and  all  the  managers  present  must  sign 
such   entry; 

7.  To  make  to  the  commission,  on  or  before  the  fifteenth 
day  of  August  of  each  year,  a  detailed  report  of  their  visits 
and  inspections,  with  suitable  suggestions  and  such  other 
matters  as  may  be  required  of  them  by  the  commission, 
for  the  year  ending  on  the  thirtieth  day  of  June  preceding 
the  date  of  such  report. 

8.  To  bring  such  actions  in  the  name  of  the  hospital  with 
the  consent  of  the  attorney  general  necessary  to  protect 
the  interests  of  the  hospital  or  to  recover  for  the  use  of 
the  hospital  the  amount  due  the  hospital  on  any  bond,  note 
or  other  cause  of  action  accruing  to  the  hospital  other  than 
for  the  care,  support,  maintenance  and  expense  of  any 
patient  or  inmate  therein.  En.  March  12,  1872.  Rep.  1903, 
485.     En.  1903,  492. 

§  2151.  Limitation  upon  the  powers  of  managers.  No 
money  must  be  expended  by  the  managers  of  any  state 
hospital  for  the  erection  of  additional  buildings  or  for 
unusual  repair.^  or  improvements,  except  upon  plans  and 
Bfecifications  approved  by  the  commission.  The  cost  of 
such  buildings  to  be  occupied  by  patients,  or  inmates, 
including  the  necessary  equipment  for  heating,  lighting, 
ventilating,  fixtures,  and  furniture,  must  in  no  case  exceed 
five  hundred  and  fifty  dollars  per  capita  for  the  patients  or 
inmates  to  be  accommodated  therein;  and  subject  to  the 
said  approval,  the  managers  may  employ  a  competent  ar- 
chitect to  prepare  plans,  specifications,  or  estimates  of 
cost  of  proposed  structures,  and  adopt  such  plans,  sped- 


«3  STATE    COMMISSION    IN    LUNACY.  §  2152 

fications,  or  estimates,  and  after  plans,  specifications,  or 
estimates  of  cost  are  so  appro  v^ed,  may  let  contracts  for 
erection  of  such  buildings  or  making  cf  such  repairs,  and 
may  employ  a  competent  architect  to  superintend  the  con- 
struction of  such  building  or  the  making  of  such  repairs. 
En.  March  12,  1872.     Rep.  1903,  485.     En.  1903,  492. 

Cal.  Rep.  Cit.     136,  583;   136,  584. 

o  2152.  Appointments  by  the  managers.  Each  board  of 
managers  must  appoint  for  the  hospital  under  its  control, 
as  often  as  vacancies  may  occur  therein: 

1.  A  medical  superintendent,  who  must  be  a  graduate  of 
an  incorporated  medical  college,  and  a  well-educated 
physician,  of  good  moral  character,  who  has  had  not  less 
than  three  years'  experience  in  the  care,  and  i.eatment  of 
the  insane.  The  medical  superintendent  of  the  homeo- 
pathic hospital  must  be  a  homeopathic  physician,  and  he 
must,  in  other  respects,  possess  the  same  qualifications 
as  other  medical  superintendents; 

2.  A  treasurer,  who  is  also  ex-oflicio  secretary  of  the 
board,  and  who  must  keep  all  the  books,  records,  and 
papers  pertaining  to  the  business  of  his  ofiice,  and  main- 
tain such  office  wherever  the  board  of  managers  directs. 
He  must  give  an  undertaking  to  the  people  of  the  state, 
in  such  sum  as  the  board  requires  for  the  faithful  per- 
formance of  his  trust,  with  sureties  to  be  approved  by  it. 

Any  medical  superintendent  or  treasurer  may  be  re- 
moved by  a  majority  vote  of  the  board  of  managers  for 
cause;  such  cause  must  be  stated  in  writing  and  served 
upon  the  official  charged.  He  must  thereafter  be  given 
an  opportunity  to  be  heard.  If  removed  upon  such  hear- 
ing, his  removal  is  final. 

3.  The  appointment  of  any  person  as  medical  superin- 
tendent shall  not  be  effective  for  any  purpose  unless  such 
person  has  passed,  or  shall  pass,  an  examination  touching 
his  qualifications  in  all  the  different  branches  of  medicine 
and  surgery  and  especially  in  diseases  affecting  the  mind 
and  nervous  system.  The  questions  for  such  examination 
shall  be  prepared  by  the  general  superintendent  and  such 
medical  superintendents  as  may  be  designated  by  the  com- 
mission subject  to  the  approval  of  the  commission.  Such 
examination  shall  be  conducted  by  the  general  superin- 
tendent or  by  such   medical  superintendents  of  the  hos- 


§  2153  STATE   COMMISSION   IN   LUNACY.  494 

pitals  as  may  be  named  by  the  commission  for  that  pur- 
pose. An  examination  shall  not  be  required  of  any  medi- 
cal superintendent  or  assistant  physicians  now  in  office 
in  any  state  hospital.  En.  March  12,  1872.  Rep.  1903, 
485.     En.   1903,  493. 

§  2153.     The  medical  superintendent  and  his  duties.    The 

medical  superintendent  of  each  hospital  is  its  chief  execu- 
tive officer.  In  his  absence  or  sickness  the  first  assistant 
physician,  or  other  officer  designated  by  the  medical 
superintendent,  must  perform  his  duties  and  be  subject  to 
his  responsibilities.  Subject  to  the  rules  and  regulations 
established  by  the  board  of  managers,  the  medical  super- 
intendent has  general  superintendence  of  all  buildings, 
grounds,  and  farm,  together  with  their  furniture,  fixtures, 
and  stock,  and  the  direction  and  control  of  all  persons 
therein,  and  must: 

1.  Personally  maintain  an  effective  supervision  and  in- 
spection of  all  parts  of  the  hospital,  and  generally  direct 
the  care  and  treatment  of  the  patients  and  inmates.  To 
this  end  the  superintendent  must  personally  examine  the 
condition  of  each  patient  or  inmate  within  five  days  after 
his  admission  to  the  hospital,  and  must  visit  all  the  wards 
or  apartments  for  patients  or  inmates  at  such  times  as 
the  rules  and  regulations  of  the  hospital  prescribe; 

2.  The  superintendent  of  the  home  for  feeble-minded 
must,  on  or  before  the  fifth  day  of  each  month,  prepare  a 
true  and  correct  report,  verified  by  oath,  of  all  inmates 
supported,  cared  for,  trained,  and  educated  in  such  hos- 
pital for  the  preceding  month,  and  whose  support,  care, 
training,  and  education  in  such  hospital  are  provided  to 
be  paid  for  by  the  several  counties  whence  they  came. 
This  report  must  give  the  names  and  residences  of  all 
such  inmates,  together  with  the  dates  of  their  admission, 
and  the  department  of  the  hospital  in  which  they  are  de- 
tained, and  the  special  grade  of  mental  deficiency  with 
which  each  is  afflicted.  Copies  of  this  report  must  be 
filed  in  the  offices  of  the  state  board  of  examiners,  the 
controller,  the  treasurer  of  state,  and  state  commission  in 
lunacy,  but  must  not  be  printed,  or  used,  nor  permitted 
to  be  used,  for  any  ether  purpose  than  the  special  infor- 
mation of  the  officers  designated.  The  superintendent 
must  also,  within  the  time  above  designated,  prepare  a  re- 
port, verified  by  his  oath,  showing  substantially  the  facts 
set  forth  in  the  above  report,  which  must  be  filed  with 


495  STATE   COMMISSION   IN   LUNACT.  §  2153a 

the  county  auditors  of  the  several  counties  from  which 
the  commitments  have  been  made  to  the  institution, 
showing  the  name  of  each  inmate  supported,  and  for 
which  such  county  is  liable  to  the  state  for  support  and 
maintenance. 

3.  The  superintenc'ent  of  the  home  for  feeble-minded 
must,  annually,  after  the  close  of  the  fiscal  year,  and  be- 
fore the  date  at  which  the  managers  are  required  to 
make  their  annual  report,  make  to  the  managers  a  re- 
port, giving  the  name,  age,  sex,  nativity,  residence,  and 
date  of  reception  of  each  pupil  in  the  institution  within 
the  preceding  year,  and,  as  far  as  can  be  ascertained,  the 
causes  of  imbecility;  also  the  number  discharged,  with 
the  date  and  reason  therefor  in  each  case,  together  with 
the  name  of  each  paying  pupil,  and  the  amount  charged 
for  him,  and  the  amounts  paid  or  unpaid;  and  also  such 
other  information  and  suggestions  as  may  seem  proper; 
which  report  must  be  kept  on  file  in  the  ofl5ce  of  the  sec- 
retary of  the  board,  but  must  not  be  printed.  En.  March 
12,    1872.     Rep.    1903,    485.     En.    Stats.    1903,    493. 

§  2153a.     Appointees    of    the     medical     superintendents. 

The  medical  superintendent  of  each  hospital  must  ap- 
point, by  and  with  the  consent  of  the  board  of  managers: 
1.  A  supervisor,  matron,  and  steward,  and  all  employees, 
none  of  whom  must  be  his  relatives,  or  that  of  any  mem- 
ber of  the  board  of  managers,  either  by  consanguinity  or 
marriage,  who  shall  be  subject  to  such  examination  as  he 
deems  for  the  best  interest  of  the  hospital,  the  questions 
to  be  prepared  by  the  general  superintendent,  subject  to 
the    approval    of    the    commission; 

2.  Such  assistant  physicians  and  internes  as  may  be 
determined  by  the  commission.  Such  assistant  physicans 
and  internes  must  be  graduates  of  incorporated  medical 
colleges,  well  educated  in  their  profession,  who  have  re- 
ceived a  certificate  from  the  state  board  of  medical  exam- 
iners, and  of  good  moral  character; 

3.  Where  there  are  first  and  second  assistant  physi- 
cians, the  first  assistant  physician  must  have  had  two 
years'  actual  "experience,  and  the  second  assistant  phy- 
sician one  year's  actual  experience  in  the  care  and  treat- 
ment of  the  insane; 

4.  From  and  after  the  first  day  of  July,  A.  D.  1905,  when- 
ever an  additional  assistant  physician  is  appointed  in  any 
state  hospital  for  the  care  and  treatment  of  the  insane 


§  2153a  STATE   COMMISSION  IN  LUNACY.  «6 

or  the  California  Home  for  the  Care  and  Training  of  the 
Feeble-Minded  Children  at  Eldridge,  Sonoma  County,  the 
appointment  of  such  additional  assistant  shall  be  so  made 
that  at  least  one  physician  in  each  of  said  state  hospitals 
and   said  home  shall   be  a  woman; 

5.  No  appointment  of  any  person  as  first,  second,  or 
other  assistant  physician  or  interne  shall  be  effective  for 
any  purpose,  unless  such  person  shall  pass  or  has  passed 
an  examination  touching  his  qualifications  for  such  posi- 
tion in  all  the  different  branches  of  medicine  and  sur- 
gery, and  especially  of  diseases  affecting  the  mind  and 
nervous  system.  Such  examination  shall  be  conducted 
by  the  medical  superintendent  on  questions  prepared  by 
the  general  superintendent  and  by  such  medical  super- 
intendent as  may  be  designated  by  the  commission,  sub- 
ject to  the  approval  of  the  commission.  In  passing  of  an 
examination  for  a  given  position  in  any  state  hospital 
shall  qualify  any  person  for  a  similar  position  in  any 
other   state  hospital; 

6.  At  the  homeopathic  state  hospital  all  assistant  phy- 
sicians and  internes  besides  possessing  the  qualifications 
herein  prescribed,  must  be  graduates  of  an  incorporated 
homeopathic   medical   college; 

7.  The  medical,  superintendent  must:  Give  such  orders 
and  instructions  as  he  may  deem  best  calculated  to  in- 
sure good  conduct,  fidelity,  and  economy  in  every  depart- 
ment  of  labor   and   expenses; 

8.  Maintain  salutary  discipline  among  all  who  are  em- 
ployed in  the  institution,  and  enforce  strict  compliance 
with  his  instructions  and  uniform  obedience  to  all  rules 
and   regulations   of   the   hospital; 

9.  Cause  full  and  fair  accounts  and  records  of  the  entire 
business  and  operations  of  the  hospital  to  be  kept  reg- 
ularly, from  day  to  day,  in  books  or  forms  provided  for 
that    purpose; 

10.  See  that  all  such  accounts  and  records  are  fully 
up  to  the  last  day  of  .Tune  in  each  year,  and  that  the  prin- 
cipal facts  and  results,  with  his  report  thereon,  are  pre- 
sented to  the  managers  within  thirty  days  thereafter,  who 
must  Incorporate  them  in  their  report  to  the  commission; 

li.  Keep  a  book,  in  which  he  must  cause  to  be  entered 
?it  the  time  of  reception  of  any  patient,^  his  name,  resi- 
dence, and  occupation,  and  the  date  of  siich  reception,  by 
whom  lirought,  and  by  what  authority,  and  on  whose  pe- 
tition committed,  and  an  abstract  of  all  orders,  warrants. 


497  STATE    COMMISSION   IN    LUNACY.  §  2153a 

requests,   petitions,   certificates,   and   other   papers  accom- 
panying such  person; 

12.  To  prepare  and  keep  the  pay-rolls  of  the  hospital, 
and  collect  all  moneys;  keep  the  accounts  for  the  support 
of  the  patients,  and  expenses  incurred  in  their  behalf; 
furnish  the  treasurer  statements  thereof  as  they  fall  due; 
turn  all  moneys  collected  over  to  the  treasurer,  and  report 
same  to  the  board  of  managers  at  each  meeting;  notify  the 
treasurer  of  the  death  or  discharge  of  reimbursing  or  pay 
patients,  within  five  days  after  such  death  or  discharge; 

13.  Prepare  triplicate  estimates  of  the  amount,  kind, 
and  quality  of  furniture  and  household  furnishing  goods, 
provisions,  fuel,  forage,  clothing  or  material  for  cloth- 
ing, and  other  material  required  for  the  twelve  months 
ending  June  thirtieth  of  each  year,  which  must  be  ap- 
proved by  the  board  of  managers,  unless  a  different  time 
is  allowed  by  the  commission.  He  must  submit  two  of 
the  triplicate  estimates  to  the  commission,  and  file  the 
third  in  his  office.  The  commission  may  revise  the  esti- 
mate for  supplies,  either  as  to  quality  or  quantity  there- 
of, and  must  certify  that  it  has  carefully  examined  the 
same,  and  that  the  articles  contained  in  such  estimate,  as 
approved  by  it,  are  actually  required  for  the  use  of  the 
hospital;  whereupon,  after  having  approved  the  esti- 
mates, the  commission  must,  beginning  upon  the  fifteenth 
day  of  the  month  preceding  the  month  in  which  contracts 
are  to  be  let,  advertise  for  four  successive  weeks,  for  con- 
tracts for  furnishing  such  supplies;  said  advertising  being 
in  brief,  referring  to  the  class  of  supplies  and  the  fact 
that  all  contemplated  bidders  can  receive  schedules  by 
applying  to  the  superintendents  or  secretaries  of  the  var- 
ious hospitals,  or  the  state  commission.  All  contracts 
must  be  awarded  to  the  lowest  responsible  bidder,  or  bid- 
ders, upon  their  giving  to  the  board  of  managers  a  bond, 
amounting  to  one-fourth  of  their  actual  bids,  as  security 
for  the  faithful  performance  of  the  same.  The  board  of 
managers  reserves  the  right  to  reject  any  and  all  bids 
submitted  to  them; 

14.  Prepare  monthly  triplicate  estimates,  as  approved 
by  the  board  of  managers,  two  of  which  must  be  submit- 
ted to  the  commission,  and  the  other  filed  in  the  super- 
intendent's office,  for  necessary  expenditures  required  for 
the  hospital  of  -which  he  is  superintendent,  for  the  en- 
suing month.     The  commission  may  revise  these  estimates 

Pol.  Code— 32 


§§  2154.  2155  STATE   COMMISSION    IN    LUNACY.  498 

for  supplies,  either  as  to  quality,  quantity,  of  price  there- 
of, and  must  certify  that  they  have  been  carefully  exam- 
ined, and  that  the  articles  contained  in  such  estimates,  as 
approved  by  it,  are  actually  required  for  the  use  of  the 
hospital;  whereupon  the  board  of  managers  must  direct 
its  superintendent  to  secure  the  supplies  according  to  the 
approved  estimates.     En.  Stats.  1903,  494.     Am'd.  1905,  85. 

§  2154.  Salaries.  The  annual  salary  of  the  medical 
superintendent  must  not  exceed  thirty-five  hundred  dollars, 
of  the  first  assistant  physician  three  thousand  dollars,  of 
other  assistant  physicians  twenty-five  hundred  dollars, 
and  of  internes  six  hundred  dollars.  All  salaries  and 
wages  must  be  included  in  the  monthly  estimates  and 
paid  in  the  same  manner  as  other  expenses  of  the  state 
hospitals.  The  medical  superintendents,  the  assistant 
physicians,  and  stewards,  and  their  families,  must  be 
furnished  room,  household  furniture,  laundry  service, 
drugs  when  ill,  provisions,  fuel,  and  lights  at  and  from 
the  supplies  of  the  hospital.  But  separate  accounts  must 
be  kept  of  the  same.  The  word  family  shall  be  regarded 
as  meaning  only  the  wife  and  minor  children  of  said 
officers.  En.  March  12,  1872.  Rep.  1903,  485.  En.  Stats. 
1903,  496. 

§  2155.  Removals.  The  medical  superintendent  may 
remove  any  resident  officer  in  his  employ  for  cause,  pend- 
ing the  meeting  of  the  board  of  managers.  The  removal 
of  employees,  other  than  resident  officers,  must  be  re- 
ported to  the  board  of  managers  for  its  action,  which  is 
final;  and  in  the  case  of  resident  officers,  notice  in  writing 
must  be  immediately  given  to  the  resident  officer  removed 
and  to  each  member  of  the  board  of  managers.  At  the 
next  meeting  of  the  board,  or  at  the  meeting  to  which 
it  is  regularly  postponed,  such  removal  must  be  considered 
and  the  person  removed  be  heard;  after  which  the  man- 
agers must  determine  the  matter,  and  their  judgment  Is 
final.  If  an  officer  or  employee  is  removed,  the  superin- 
tendent must  make  a  record  thereof,  with  the  reasons 
therefor,  under  the  appropriate  head,  in  one  of  the  books 
of  the  hospital.  Any  officer  or  employee  of  a  state  hos- 
pital taking  an  active  part  in  politics,  directly  or  indi- 
rectly, may  be  summarily  removed  from  such  hospital  by 
the  state  commission  in  lunacy  upon  written  charges  un- 
der oath  made  by  three  or  more  reputable  citizens  and 
upon  testimony  taken  under  oath  at  a  hearing  held  for 


499  STATE    COMMISSION   IN    LUNACY,  §5  2156-2158 

the  purpose.  The  medical  superintendent  must  transmit, 
by  mail,  to  the  state  lunacy  commission,  within  five  days 
after  any  removal  has  been  approved  by  the  board  of 
managers,  information  of  such  removal,  and  the  cause 
thereof.  The  commission  must  preserve  the  name  of  such 
officer,  or  employee,  with  the  facts  relating  to  his  removal 
in  a  book  provided  for  that  purpose.  When  any  officer 
or  employee  is  removed  by  the  superintendent,  as  herein 
provided,  the  officer  or  employee  removed  shall  stand  sus- 
pended from  his  office  or  position  until  the  removal  is 
acted  upon  by  the  board  of  managers;  and  no  salary  or 
wages  shall  be  paid  such  officer  or  employee  for  the  time 
hi  remains  suspended.  During  such  suspension,  the  du- 
ties of  the  office  or  position  shall  be  performed  by  such 
other  officer  or  employee  who  may  be  aesignated  for  that 
purpose  by  the  mecical  superintendent.  En.  March  12, 
1872.     Rep.  1903,  485.     En.  1903,  497. 

§  2156.  Resident  officers.  The  medical  superintendent, 
all  assistant  physicians,  stewards,  supervisors,  and  ma- 
trons must  maintain  their  residence  in  the  hospital  or 
en  the  premises,  and  are  designated  as  the  resilent  officers 
of  the  hospital.     En.  Stats.  1903,  497. 

§  2157.  Restrictions  on  physicians  and  medical  super- 
intendents. The  medical  superintendents  and  assistant 
physicians  shall  not  engage  in  private  practice,  but  shall 
devote  their  entire  time  to  the  duties  of  their  positions. 
Nothing  in  this  section  shall,  however,  be  regarded  as 
prohibiting  them  from  giving  necessary  medical  care  and 
treatment  to  the  officers  and  employees  of  the  hospital 
residing  at  the  hospital  or  in  the  immediate  vicinity 
thereof,  or  in  cases  of  emergency.    En.  Stats.  1903,  497. 

§  2158.  Contingent  fund,  how  used.  In  every  state 
hospital  there  shall  be  a  contingent  fund,  In  state  hos- 
pitals for  the  insane  said  fund  shall  consist  of  all  moneys 
received  by  the  board  of  managers  other  than  that  appro- 
priated by  the  state.  In  the  home  for  feeble-minded  such 
fund  shall  consist  of  all  moneys  received  by  the  board  of 
managers  other  than  that  appropriated  by  the  state  or 
received  by  them  from  the  several  counties  of  the  state 
for  the  support  of  inmates  actually  in  the  hospital.  The 
contingent  fund  must  by  said  board,  be  expended  for 
such  supplies,  expenses,  buildings,  lands  and  other  prop- 
erty and  improvements  as  are  required  for  the  best  inter- 


§  2159  STATE    COMMISSION   IN   LUNACY.  600 

ests  of  the  hospital  and  for  the  improvement  tt  ereof  and 
of  the  grounds  and  buildings  connected  therewith.  The 
medical  superintendent,  must  make  triplicate  estimates, 
in  minute  detail,  as  approved  by  the  board  of  managers, 
of  such  supplies,  expenses,  buildings,  and  improvements 
which  must  be  submitted  to  the  commission.  The  com- 
mission may  revise  the  estimates  of  such  supplies,  ex- 
penses, buildings,  and  improvements,  and  must  certify 
that  it  has  carefully  examined  the  same,  and  that  the 
supplies,  expenses,  buildings,  and  improvements  contained 
in  such  estimates,  as  approved  by  it,  are  required  for  the 
best  interests  of  such  hospital;  whereupon  the  board  of 
managers,  after  having  received  the  revised  and  approved 
estimates,  must  proceed  to  purchase  such  supplies,  make 
such  expenditures,  or  construct  such  improvements  or 
buildings  without  further  authority,  itemized  bills  for  the 
same  to  be  approved  by  the  board  of  managers  and  paid 
in  the  same  manner  as  other  bills  incurred  by  the  hos- 
pital. The  building  act  of  eighteen  hundred  and  seventy- 
six  does  not  apply  to  any  improvement,  structure,  or 
uuilding  made  under  the  provisions  of  this  act.  The 
commission  may  also  require  the  board  of  managers  to 
obtain  such  plans  and  specifications  for  buildings  or  im- 
provements as  it  deems  advisable  and  may  also  require  the 
board  of  managers,  before  letting  contracts  for  supplies, 
buildings  and  improvements,  to  advertise  for  bids  for  the 
same  for  a  period  and  in  such  papers  as  the  commission 
deems  proper.     En.  Stats.  1903,  497. 

§  2159  Duties  of  the  treasurer.  The  treasurer  of  each 
hospital  must: 

1.  Subject  to  the  provisions  of  chapter  XCIII,  statutes 
of  1899,  approved  March  17,  1899,  have  the  custody  of  all 
moneys  received  from  the  state,  or  elsewhere  for  the 
benefit  of  the  hospital,  or  any  of  its  inmates,  and  keep  an 
accurate   account   thereof; 

2.  Have  the  custody  of  all  bonds,  notes,  mortgages,  and 
other  securities  and  obligations  belonging  to  the  hospital; 

3.  Receive  all  money  for  the  care  and  treatment  of 
patients,  and  other  sources  of  revenue  to  the  hospital; 

4.  Subject  to  the  provisions  of  chapter  XCIII,  statutes 
of  1899,  approved  March  17,  1899;  deposit  all  such  moneys 
in  a  bank  designated  by  the  board  of  managers,  conve- 
niently near  the  hospital,  in  his  name,  as  treasurer,  and 


601  STATE    COMMISSION    IN    LUNACY.  §  2139 

send  each  month,  to  the  commission  and  the  board  of 
managers,  a  statement  showing  the  amount  so  received 
and  deposited,  and  from  whom  and  for  what  received, 
and  when  such  deposits  were  made.  Such  statement  of 
deposit  must  be  certified  by  the  proper  officer  of  the 
banlv  receiving  such  deposit.  The  treasurer  must  maiie 
an  affidavit  to  the  effect  that  sum  so  deposited  is  all  the 
money  received  by  him,  from  any  source  of  hospital  income, 
up  to  the  time  of  the  last  deposit  appearing  on  such  state- 
ment; 

5.  Pay  out  the  money  deposited  for  the  uses  of  the 
state  hospital,  upon  the  voucher  of  the  steward,  approved 
by  the  superintendent,  "in  accordance  with  the  estimates 
made  by  the  superintendent,  and  revised  and  approved  by 
the  board  of  managers  and  by  the  commission; 

6.  Keep  full  and  accurate  accounts  of  all  receipts  and 
payments,  in  the  manner  directed  in  the  by-laws  and 
according  to  the  books  and  forms  approved,  prescribed 
and  furnished  by  the  commission; 

7.  Balance  all  accounts  on  his  books  annually,  on  the 
last  day  of  June,  and  make  a  statement  thereof,  and  an 
abstract  of  the  receipts  and  payments  of  the  past  year, 
and  deliver  the  same,  within  ten  days,  to  the  finance 
committee  of  the  managers,  who  must  compare  the  same 
with  the  books  and  vouchers,  and  verify  the  results  by 
further  comparison  with  the  books  of  the  steward,  and 
certify,  in  regard  to  the  correctness  thereof,  to  the  man- 
agers at  their  next  meeting; 

8.  Render  an  account  to  the  state  of  the  books  and  the 
funds  and  other  property  in  his  custody,  whenever  re- 
quired by  the  managers  or  by  the  commission; 

9.  Upon  the  order  of  the  board  of  managers,  execute  a 
release  and  satisfaction  of  a  mortgage,  judgment,  or  other 
lien  or  debt,  in  favor  of  the  hospital,  when  the  same  has 
been  paid; 

10.  Upon  the  order  of  the  board  of  managers  to  pay 
all  moneys  and  return  all  property  in  his  possession  be- 
longing to  any  patient  to  said  patient  or  to  the  persons 
entitled  thereto,  when  said  patient  is  discharged.  Upon 
the  order  of  the  board  of  managers,  when  any  patient  dies, 
to  pay  over  all  moneys  and  turn  over  all  property  in  his 
possession  belonging  to  such  patient  to  the  persons  entitled 
thereto.    En.  Stats.  1903,  498. 


§§  2160,  2161  STATE    COMMISSION    IN    LUNACY.  GOZ 

§  2160.  Financial  statements.  The  treasurer  of  each 
state  hospital  shall,  each  month,  send  to  the  commission 
an  audit  sheet  showing  the  payment  of  claims  allowed 
by  the  board  of  examiners  for  the  preceding  month  for 
the  expenses  of  the  hospital.  Such  audit  sheet  must  show 
the  number  of  each  voucher,  the  name  of  the  claimant, 
to  whom  paid,  number  of  check,  date  of  payment  and 
amount  for  which  it  was  allowed  by  the  state  board  of 
examiners.  Such  audit  sheet  must  be  verified  by  the 
affidavit  of  the  treasurer  attached  thereto,  in  the  following 
form: 

"I,  ,   treasurer    of    the  state    hospital,   do 

solemnly  swear  that  I  have  deposited  in  the  bank  desig- 
nated by  the  board  of  managers  for  such  purpose,  all 
the  moneys  received  by  me,  as  hereinbefore  set  forth,  on 
account  of  the  hospital  for  the  preceding  month,  and  I  do 
further  swear  that  the  foregoing  is  a  true  abstract  of  all 
the  moneys  received,  as  hereinbefore  mentioned,  and  pay- 
ments made  by  me,  or  under  my  direction,  as  such  treas- 
urer, for  the  month  ending  on    the  day  of  , 

19—." 

There  must  also  be  attached  the  affidavit  of  the  stew- 
ard, to  the  effect  that  the  goods  and  other  articles  therein 
specified  were  ordered,  purchased,  and  received  by  him, 
or  under  his  direction,  at  the  hospital,  and  that  neither 
he,  nor  any  person  in  his  behalf,  had  any  pecuniary  or 
other  interest  in  the  articles  purchased;  that  he  received 
no  pecuniary  or  other  benefit  therefrom  in  the  way  of 
commission,  percentage,  deduction,  or  presents,  or  in  any 
manner  whatever,  directly  or  indirectly;  that  the  articles 
and  bills  conform  in  all  respects  to  the  invoiced  goods 
received  and  ordered  by  him,  both  in  quality  and  in  quan- 
tity.    En.    Stats.    1903.   499. 

§  2161.  The  steward,  and  his  powers  and  duties.  The 
steward,  under  the  direction  of  the  superintendent,  shall 
be  accountable  for  the  careful  keeping  and  economical 
use  of  all  furniture,  and,  under  the  direction  of  the  super- 
intendent., shall  make  all  purchases  for  the  hospital  ac- 
cording to  the  provisions  and  subdivisions  thirteen  and 
fourteen  of  section  twenty-one  hundred  and  fifty-three  a 
and  section  twenty-one  hundred  and  fifty-eight,  receive 
the  same,  and  preserve  the  original  bills  and  receipts 
therefor,  and  keep  full  and  accurate  accounts  of  all  such 
proceedings.  •  The  steward  at  all  times  shall,  under  the 
direction   of   the    medical    superintendent,    have     control 


SOS  STATE    COMMISSION    IN   LUNACY.  jl}  2162,  21S3 

of  the  farm,  stock,  grounds  aad  all  outside  departments. 
He  shall  receive  all  supplies  and  see  that  they  are  the 
articles  ordered  and  of  proper  weight  and  quality,  reject 
those  that  are  below  the  standard  adopted.  He  shall 
exercise  general  supervision  over  the  kitchen  and  all  food 
supplies  and  see  that  they  are  properly  cooked  and  served. 
He  shall  receive  all  products  of  farm  and  garden,  and  keep 
true  and  accurate  books  and  accounts  of  such  products  and 
all  supplies  and  materials  under  his  supervision.  En.  Stats. 
1903,  500. 

§  2162.  Purchase  of  supplies.  No  expenditure  for  sup- 
plies, or  other  purposes,  must  be  made  by  the  board  of 
managers  of  any  state  hospital  for  the  benefit  of  such 
hospital,  by  contract  or  otherwise,  unless  in  conformity 
with  the  provisions  of  this  chapter,  in  relation  to  estimates. 
No  manager  or  officer  of  the  hospital  must  be  interested, 
directly  or  indirectly,  in  the  furnishing  of  material,  labor, 
or  supplies  for  the  use  of  the  hospital,  nor  must  any  man- 
ager or  officer  act  as  an  attorney  or  counsel  for  such  hos- 
pital.   En.  Stats.  1903,  500. 

§  2163.  Manufactures  at  the  state  hospitals.  The  state 
hospitals  may  make  or  manufacture  such  supplies  and 
materials  necessary  or  required  to  be  used  in  any  of  the 
state  hospitals  and  which  can  be  economically  made  or 
manufactured  therein.  The  necessary  cost  and  expense 
of  providing  for  the  making  and  manufacture  of  such 
supplies  and  materials  and  to  conduct  and  carry  on  the 
same  shall  be  paid  for  out  of  the  contingent  funds  of  the 
hospitals.  In  making  proper  provision  for  the  making  and 
manufacture  of  such  supplies  and  materials,  the  board  of 
managers  and  the  officers  and  employees  of  the  hospitals 
shall  be  governed  by  the  provisions  of  this  act  relating 
to  the  contingent  fund  of  each  state  hospital.  The  board 
of  managers  may  agree  with  the  board  of  managers  of 
other  state  hospitals  on  what  terms,  supplies  or  materials, 
made  or  manufactured  at  state  hospitals,  may  be  sold  to 
or  exchanged  for  supplies  or  materials  manufactured  by 
other  state  hospitals.  No  hospital  shall  enter  into  or 
engage  in  making  or  manufacturing  any  supplies  or  ma- 
terials unless  permission  for  the  same  is  obtained  from 
the  commission.  Such  permission  must  be  by  resolution 
of  the  commission  duly  passed  and  entered  of  record  on 
the  minutes  of  the  commission.  The  commission  may,  at 
any  time,  when,  in  the  judgment  of  the  commission,  it 
shall  appear  that  the    manufacture  of  any  article  or  ar- 


SS  ^164-2165a  STATE   COMMISSION    IN   LUNACY.  504 

tides  is  not  being  or  cannot  be  economically  carried  on 
at  a  state  hospital,  suspend  or  stop  the  manufacture  of. 
such  article  or  articles,  and  on  receipt  of  a  certified  copy 
of  the  order  of  the  commission  directing  the  suspension 
or  stopping  of  such  manufacture,  by  the  medical  superin- 
tendent, the  hospital  shall  cease  from  manufacturing  such 
article  or  articles.     En.  Stats.  1903,  500. 

§  2164.  Oaths  of  office.  Each  superintendent,  treasurer, 
and  steward,  before  entering  upon  his  duties  as  such, 
must  take  the  constitutional  oath  of  office,  and  file  the 
same  in  the  office  of  the  secretary  of  state.  En.  Stats. 
1903,  501. 

§  2165.  Inventories  by  medica!  superintendents.  Dur- 
ing the  month  of  June  of  each  year  the  medical  superin- 
tendent shall  make  a  complete  and  accurate  inventory  in 
minute  detail  of  the  stock  and  supplies  on  hand  at  said 
hospital.  Said  inventory  shall  be  under  the  following 
heads:  Livestock;  farm  produce  on  hand;  wagons,  car- 
riages and  other  vehicles;  agricultural  and  farming  im- 
plements; tools  and  machinery;  other  tools,  implements, 
machinery  and  mechanical  appliances  and  fixtures;  real 
estate;  beds  and  bedding;  carpets  and  furniture  in  pa- 
tients' apartments;  beds,  bedding,  carpets  and  furniture 
in  apartments  used  by  officers  and  employees  and  pur- 
chased by  the  state;  personal  property  of  the  state  in 
all  departments;  ready-made  clothing;  cloths,  materials 
and  dry  goods  purchased  for  clothing  and  hospital  pur- 
poses; groceries  and  provisions;  drugs  and  medicines, 
fuel  on  hand;  stationery  and  office  supplies;  hardware; 
lumber  and  building  materials;  and  all  other  property 
under  such  heads  as  the  medical  superintendent  shall 
deem  proper.  Said  inventory  shall  cover  the  fiscal  year 
ending  June  30th,  of  each  year.  One  copy  of  such  inven- 
tory shall  be  forwarded  to  the  commission  on  or  before 
the  first  day  of  July  of  each  year.  One  copy  shall  be  filed 
with  the  board  of  managers,  and  one  copy  retained  by 
the  superintendent.  En.  March  12,  1872.  Rep.  1903,  485. 
En.  Stats.  1903.  501. 

§  2165a.  Prohibition  of  actions.  No  civil  action  must  be 
lirought  against  the  commission,  or  a  commissioner  in 
lunacy,  or  an  officer  or  manager  of  a  state  hospital,  be- 
cause of  any  act  done  or  failure  to  perform  any  act, 
while  discharging  his  official  duties,  without  leave  of  the 


505  STATE    COMMISSION    IN    LUNACY.  §§  2166-2ie7a 

controller  first  had  and  obtained.  Any  just  claim  for 
damages  against  such  commission  or  commissioner,  offi- 
cer or  employee,  for  which  the  state  would  be  legally  or 
equitably  liable,  may  be  paid  out  of  any  moneys  appro- 
priated for  the  care  of  the  insane  or  other  incompetents. 
En.  Stats.  1903,  501. 

§  2166.  Recommendations,  and  their  filing.  The  author- 
ities of  each  state  hospital  must  place  on  file  in  the  office 
of  the  institution,  the  recommendations  made  by  the 
commissioners,  as  a  result  of  their  visit,  for  the  purpose 
of  consultation  by  such  authorities,  and  for  reference  by 
the  commissioners  upon  their  visit  to  such  institution. 
En.  March  12,  1872.     Rep.  1903,  485.     En.  1903,  501. 

§  2167.  Detention  hospitals.  The  board  of  supervisors 
of  each  county,  and  city  and  county,  must  maintain  in  the 
county,  or  city  and  county,  or  in  a  receiving  hospital  situ- 
ate therein,  a  suitable  room  or  rooms  for  the  detention, 
board,  care,  and  treatment  of  the  alleged  insane,  for  a 
period  of  not  less  than  one  nor  more  than  twenty  days. 
These  rooms  and  their  furnishings  must  be  subject  to  the 
approval  of  the  commission,  and  each  person  having  charge 
and  control  of  any  such  hospital  or  rooms  and  their  fur- 
nishings, must  allow  the  commission  to  make  such  inves- 
tigations thereof  as  it  may  at  time  deem  necessary. 
Nothing  in  this  section  must  be  construed  to  mean  that 
insane  persons  may  not  be  detained,  cared  for,  boarded, 
and  treated,  by  and  with  the  consent  of  the  commission, 
In  their  own  homes,  or  homes  of  their  relatives  or  friends, 
or  in  a  licensed  private  hospital.  En.  March  12,  1872. 
Rep.  1903,  485.     En.  1903,  502. 

§  2167a.  Medical  examiners.  The  superior  judge  of 
each  county,  or  city  and  county,  may  grant  certificates 
in  accordance  with  the  form  prescribed  by  the  commission, 
showing  that  the  persons  named  therein  are  reputable 
physicians  and  graduates  of  incorporated  medical  colleges, 
and  have  been  in  active  practice  of  their  profession  at 
least  five  years,  and  when  certified  copies  of  such  cer- 
tificates have  been  filed  with  the  commission,  the  persons 
therein  named  become  known  as  "medical  examiners," 
and  there  must  at  all  times  be  at  least  two  such  medical 
examiners  in  each  county.     En.  Stats.  1903,  502. 


§§  2168,  2169  STATE  OOHIOSSION  IN   LUNACY.  CM 

§  2168.  Charges  of  insanity,  and  proceedings  thereon. 
Whenever  it  appears  by  affidavit  to  the  satisfaction  of 
a  magistrate  of  a  county,  or  city  and  county,  that  any 
person  therein  is  so  far  disordered  in  his  mind  as  to  en- 
danger health,  person,  or  property,  he  must  Issue  and 
deliver  to  some  peace  officer,  for  service,  a  warrant  direct- 
ing that  such  person  be  arrested  and  taken  before  a  judge 
of  the  superior  court  of  the  county,  for  a  hearing  and  ex- 
amination on  such  charge.  Such  officer  must  thereupon 
arrest  and  detain  such  person  until  a  hearing  and  examina- 
tion can  be  had,  as  hereinafter  provided.  At  the  time  of 
the  arrest  a  copy  of  said  affidavit  and  warrant  of  arrest 
must  be  personally  delivered  to  said  person.  He  must  be 
taken  before  a  judge  of  the  superior  court,  to  whom  said 
affidavit  and  warrant  of  arrest  must  be  delivered  to  be 
filed  with  the  clerk.  The  judge  must  then  inform  him  that 
he  is  charged  with  being  insane,  and  inform  him  of  his 
rights  to  make  defense  to  such  charge  and  produce  any 
witnesses  in  relation  thereto.  The  judge  must  by  order 
fix  such  time  and  place  for  the  hearing  and  examination 
in  open  court  as  will  give  reasonable  opportunity  for  the 
production  and  examination  of  witnesses.  Said  order 
must  be  entered  in  the  minutes  of  the  court  by  the  clerk 
and  a  certified  copy  of  the  same  served  on  such  person. 
The  judge  may  also  order  that  notice  of  the  arrest  of  such 
person  and  of  the  hearing  on  the  said  charge  of  insanity 
be  served  on  such  relatives  of  said  person  known  to  be 
residing  in  the  county,  as  the  court  may  deem  necessary 
or  proper.  En.  March  12,  1872.  Rep.  1903,  485.  En.  Stats. 
1903,  502. 

§  2169.     Attendance  and  examination  of  witnesses.     The 

superior  judge  may,  for  any  hearing,  issue  subpoenas  and 
compel  the  attendance  of  witnesses  and  must  compel  the 
attendance  of  at  least  two  medical  examiners,  who  must 
hear  the  testimony  of  all  witnesses,  make  a  personal 
examination  of  the  alleged  insane  person,  and  testify  be- 
fore the  judge  as  to  the  result  of  such  examination,  and 
to  any  other  pertinent  facts  within  their  knowledge.  The 
judge  must  also  cause  to  be  examined  before  him  as  a 
witness,  any  other  person  whom  he  has  reason  to  believe 
has  any  knowledge  of  the  mental  condition  of  the  alleged 
Insane  person  or  of  his  financial  condition  or  that  of  the 


507  STATE  COMMISSION  IN  LUNACT.  8§  2170,  2171 

persons  liable  for  his  maintenance.  The  alleged  insane 
person  must  be  present  at  the  hearing,  and  if  he  has  no 
attornej^  the  judge  may  appoint  an  attorney  to  represent 
him.  En.  March  12,  1872.  Rep.  1903,  485.  En.  Stats. 
1903,  502. 

§  2170.  Certificate  of  examiners.  If  the  medical  exam- 
iners, after  making  the  examination  and  hearing  the  tes- 
timony, believe  such  person  to  be  dangerously  insane, 
they  must  make  a  certificate,  under  their  hand,  showing 
as  nearly  as  possible: 

1.  That  such  person  is  so  far  disordered  in  his  mind 
as  to  endanger  health,  person,  or  property; 

2.  The  premonitory  symptoms,  apparent  cause  or  class 
of  insanity,  the  duration  and  condition  of  the  disease; 

3.  The  nativity,  age,  residence,  occupation,  and  pre- 
vious habits  of  the  person; 

4.  The  place  whence  the  person  came  and  the  length 
of  his  residence  in  the  state. 

Such  certificates  must  be  made  in  the  form  prescribed 
by,  and,  if  they  can  be  had,  upon  blanks  furnished  by 
the  general  superintendent  of  the  state  hospitals.  En. 
Stats.  1903,   503. 

§  2171.  Order  of  commitment.  The  judge,  after  such 
examination  and  certificate  made,  if  he  believes  the  per- 
son so  far  disordered  in  his  mind  as  to  endanger  health, 
person,  or  property,  must  adjudge  him  insane,  and  make 
an  order  that  he  be  confined  in  a  hospital  for  the  care 
and  treatment  of  the  insane,  designated  in  such  order, 
and  the  order  must  be  accompanied  by  a  written  state- 
ment of  the  judge  as  to  the  financial  condition  of  the 
insane  person  and  of  the  persons  legally  liable  for  his 
maintenance,  as  far  as  can  be  ascertained.  Copies  of 
such  order,  of  the  certificate  of  the  examiners  and  of  such 
accompanying  statement  must  be  filed  with  the  county 
clerk,  and  said  order  must  be  recorded  by  the  county 
clerk  of  the  county  in  which  such  order  was  made  as  are 
other  judgments  of  said  court.  He  shall  also  keep,  in 
convenient  form,  an  index  book,  showing  the  name,  age, 
and  sex  of  the  person  so  ordered  to  be  confined  in  any 

17 


§§  2172-2174  STATE    COMMISSION    IN    LUNACY.  e08 

such  hospital,  with  the  date  of  the  order  and  the  name 
cf  the  hospital  in  which  the  person  is  ordered  to  be  con- 
fined. No  fees  must  be  charged  by  the  clerk  for  perform- 
ing any  of  the  duties  provided  for  in  this  section.  En. 
Stats.    1903,    503. 

§  2172.  Execution  of  the  order  of  commitment.  The  in- 
sane person,  together  with  certified  copies  of  the  affidavit, 
warrant  of  arrest,  and  of  the  order  for  hearing  and  exam- 
ination, the  order  and  accompanying  statement  of  the 
judge  and  the  certificate  of  the  physicians,  must  be  de- 
livered to  the  sheriff  of  the  county,  and  by  him  must  be 
delivered  to  the  officer  in  charge  of  the' hospital  to  which 
such  person  is  committed;  but  no  female  insane  person 
shall  be  taken  to  any  hospital  without  the  attendance  of 
some  other  female  or  of  some  relative  of  such  insane 
person.     En.  Stats.  1903,  503. 

§  2173.  Right  to  refuse  to  receive  person  committed. 
The  superintendent  or  person  in  charge  of  any  state  hos- 
pital may  refuse  to  receive  any  person  upon  any  order, 
if  the  papers  presented  do  not  comply  with  the  provisions 
of  the   preceding   section.     En.   Stats.   1903,   504. 

§  2174.  Jury  trial.  If  a  person  ordered  to  be  com- 
mitted, or  any  friend  in  his  behalf,  is  dissatisfied  with  the 
order  of  the  judge  committing  him,  he  may,  within  five 
days  after  the  making  of  such  order,  demand  that  the 
question  of  his  sanity  be  tried  by  a  jury  before  the  supe- 
rior coui't  of  the  county  in  which  he  was  committed. 
Thereupon  that  court  must  cause  a  jury  to  be  summoned 
and  to  be  in  attendance  at  a  date  stated,  not  less  than 
five  nor  more  than  ten  days  from  the  date  of  the  demand 
for  a  jury  trial.  At  such  trial  the  cause  against  the  al- 
leged insane  must  be  represented  by  the  district  attorney 
of  the  county,  and  the  trial  must  be  had  as  provided  by 
law  for  the  trial  of  civil  causes  before  a  jury,  and  the 
alleged  insane  person  must  be  discharged  unless  a  verdict 
that  he  is  insane  is  found  by  at  least  three-fourths  of 
the  jury.  If  the  verdict  of  the  jury  is  that  he  is  Insane, 
the  judge  must  a. i judge  that  fact  and  make  an  order  of 
commitment  as  upon  the  original  hearing.  Such  order 
must  be  presented,  at  the  time  of  commitment  of  such 


509  STATE  COMMISSION  IN  LUNACT.  $§  2175,  2175a 

insane  person,  to  the  superintendent  or  person  in  charge 
of  the  hospital  to  which  the  insane  person  is  committed, 
and  a  copy  thereof  be  forwarded  by  such  superintendent 
to  the  commission,  and  filed  in  its  office.  Proceedings 
under  the  order  must  not  be  stayed,  pending  the  proceed- 
ings for  determining  the  question  of  sanity  by  a  jury, 
except  upon  the  order  of  a  superior  judge,  with  provision 
made  therein  for  such  temporary  care  and  custody  of 
the  alleged  insane  person  as  may  be  deemed  necessary. 
If  the  superior  judge,  by  the  order  granting  the  stay, 
commits  the  accused  insane  to  the  custody  of  any  person 
other  than  a  peace  officer,  he  may  by  such  order  require 
a  bond  for  his  appearance  at  the  trial.  If  a  judge  refuses 
to  grant  an  application  for  an  order  of  commitment  of 
an  insane  person  alleged  to  be  dangerous  to  himself  and 
others  if  at  large,  he  must  state  his  reasons  for  such 
refusal,  and  any  person  aggi'ieved  thereby  may  demand 
a  trial  of  the  question  of  the  insanity  of  such  accused 
insane,  in  the  manner  hereinbefore  provided  for  a  jury 
trial  when  demanded  by  or  on  behalf  of  the  accused  in- 
sane.    En.  Stats.  1903,  504. 

§  2175.  Costs  of  proceedings.  The  cost  necessarily  in- 
curred in  determining  the  insanity  of  a  poor  or  indigent 
person  and  securing  his  admission  into  a  state  hospital, 
and  the  expense  of  providing  proper  clothing  for  him  in 
accordance  with  the  rules  and  regTilations  adopted  by  the 
commission,  is  a  charge  upon  the  county,  or  city  and 
county,  whence  he  is  committed.  Such  costs  include  the 
fees  of  the  medical  examiners  allowed  by  the  judge  order- 
ing the  commitment.  If  the  person  sought  to  be  com- 
mitted is  not  a  poor  or  indigent  person,  the  costs  of  the 
proceedings  are  a  charge  upon  his  estate,  or  must  be 
paid  by  persons  legally  liable  for  his  maintenance,  unless 
otherwise  ordered  by  the  judge.  If  the  alleged  insane 
person  is  adjudged  not  to  be  insane,  the  judge  may,  in 
his  discretion,  charge  the  costs  of  the  proceedings  to 
the  person  making  the  application  for  an  order  of  commit- 
ment, and  judgment  may  be  entered  against  him  for  the 
amount  thereof  and  enforced  by  execution.  En.  Stats. 
1903,  504. 

§  2175a.  Limitations  with  respect  to  imbecile  persons. 
No  case  of  idiocy,  imbecility,  epilepsy,  harmless  chronic 


§§  2176-2178  STATE   COMMISSION  IN   LUNACY.  610 

mental  unsoundness,  feeble-mindedness  or  acute  mania  a 
potu,  as  such,  shall  be  committed  to  or  confined  in  any 
state  hospital  for  the  care  and  treatment  of  the  insane; 
provided,  when  any  such  person  becomes  insane  he  may 
be  committed  to  a  state  hospital  for  the  insane  as  in  this 
act  provided.     En.  Stats.  1903,  505. 

§  2176.  Liability  of  relatives  and  guardians  of  insane 
persons.  The  husband,  wife,  father,  mother,  or  children 
of  an  insane  person,  if  of  sufficient  ability,  and  the  guar- 
dian of  his  estate,  if  it  is  sufficient  for  the  purpose,  must 
cause  him  to  be  properly  and  suitably  cared  for  and  main- 
tained, and  must  pay  the  costs  and  charges  of  his  com- 
mitment and  transportation  to  a  state  hospital  for  the 
insane.  The  husband,  wife,  father,  mother,  or  children 
of  an  insane  person,  if  of  sufficient  ability,  or  the  estate 
of  such  insane  person  to  the  extent  it  is  sufficient  for  the 
purpose  shall  be  liable  for  the  care,  support  and  main- 
tenance of  any  insane  person  in  a  state  hospital  for  the 
insane  to  which  he  has  been  or  may  hereafter  be  com- 
mitted or  transferred.     En.  Stats.  1903,  505. 

§  2177.  Insane  persons  in  care  of  their  relatives  or 
guardians.     Duty    of    the    commission.     The    commission 

may  inquire  into  the  manner  in  which  any  insane  person, 
not  confined  in  a  state  hospital,  is  cared  for  and  main- 
tained; and  if,  in  its  judgment,  he  is  not  properly  and 
suitably  cared  for,  it  may  apply  to  a  judge  of  the  superior 
court  for  an  order  to  commit  him  to  a  hospital  under 
the  provisions  of  this  act.  Such  order  must  not  be  made 
unless  the  judge  finds,  and  certifies  in  the  order,  that  the 
insane  person  is  rot  properly  or  suitably  cared  for  by 
his  relatives  or  guardian,  or  that  it  is  dangerous  to  the 
public  to  allow  him  to  be  cared  for  and  maintained  by 
such  relatives  or  guardian.     En.  Stats.  1903,  505. 

§  2178.  Duties  of  district  attorneys.  The  district  attor- 
ney in  each  county  in  which  an  order  of  commitment  is 
made  must,  on  the  filing  of  a  copy  of  such  order  with  the 
county  clerk,  make  diligent  inquiry  into  the  ability  of  the 
person  committed  to  pay  the  charges  and  costs  of  his 
maintenance  and  care  while  in  a  state  hospital,  and  must 


5U  STATE    COMMISSION    IN    LUNACY.  SS  2179-2181 

notify   the  secretary    of  the  commission  of  the  result  of 
such   inquiry.     En.    Stats.   1903,   505. 

§  2179.  Appointment  of  guardian.  In  case  any  person 
who  has  been  or  shall  hereafter  be  committed  to  any  state 
hospital  for  the  insane,  shall  be  or  shall  hereafter  become 
the  owner  of  any  property,  real  or  personal,  the  secretary 
of  the  state  commission  in  lunacy,  in  case  such  insane 
person  has  no  guardian,  may  apply  to  a  court  of  com- 
petent jurisdiction  for  the  appointment  of  a  guardian  of 
the  estate  of  such  insane  person.  In  such  application 
the  district  attorney  of  the  county  may  act  as  attorney 
for  such  secretary.  En.  March  12,  1872.  Rep.  1903,  485. 
En.  1903,   505. 

§  2180.  Fixing  amount  to  be  paid  for  support.  The 
monthly  rate  for  the  care,  support,  maintenance  and  cloth- 
ing of  all  insane  patients  at  state  hospitals  for  the  insane 
where  there  is  liability  to  pay  for  such  care,  support, 
maintenance  and  clothing,  shall  be  fifteen  dollars  per 
month  payable  in  advance;  provided,  however,  the  med- 
ical superintendent  of  a  state  hospital  for  the  insane 
shall,  on  the  order  of  tha  commission,  reduce  or  remit 
the  amount  to  be  paid  by  the  state  or  the  relatives,  as  the 
case  may  be,  liable  for  the  care,  support,  maintenance 
and  clothing  of  any  insane  person  committed  thereto  and 
confined  therein,  on  satisfactory  proof  that  said  estate 
or  said  relatives,  as  the  case  may  be,  are  unable  to  pay 
the  said  sum  of  fifteen  dollars  per  month.  If  any  insane 
person  die  at  any  time,  while  his  estate  is  liable  for  his 
care,  support,  maintenance  and  necessary  clothing  and 
other  expenses  at  a  state  hospital,  the  claim  for  such 
amount  as  may  be  due,  may  be  presented  to  the  executor 
or  administrator  of  his  estate  and  paid  in  the  same  man- 
ner as  are  other  debts  and  claims  against  the  estate  of  a 
deceased  person.  En.  March  12,  1872.  Rep.  1903,  485. 
En.  1903,  505. 

§  2181.  Orders  to  be  made  for  payments  by  guardians. 
If  said  insane  person  has  sufiicient  estate  for  the  purpose, 
it  shall  be  the  duty  of  the  guardian  of  his  estate  to  pay 
for  his  care,  support,  maintenance  and  necessary  expenses 


§§  2182,  2183  STATE    COMMISSION   IN   LUNACY.  512 

at  the  hospital  to  the  extent  of  the  estate.  Payment 
for  said  care,  support,  maintenance  and  expenses  may  be 
enforced  by  the  order  of  the  judge  of  the  superior  court 
where  said  guardianship  proceedings  are  pending.  On  the 
filing  of  a  petition  therein  by  the  secretary  of  the  com- 
mission, showing  that  said  guardian  has  failed,  refused  or 
neglected  to  pay  for  said  care,  support,  maintenance  and 
expenses,  the  court,  by  order,_  shall  direct  the  payment 
by  the  guardian.  Such  order  may  be  enforced  in  the 
same  manner  as  are  other  orders  of  the  court.  If  there 
is  not  at  any  time  sufficient  money  on  hand  in  the  estate 
of  said  insane  person  to  pay  the  claim  of  a  state  hospital 
for  the  care,  support,  maintenance  and  expenses  of  said 
insane  person  therein,  the  court  may,  on  petition  of  the 
guardian  of  the  estate,  or  if  said  guardian  fails,  refuses 
or  neglects  to  apply,  on  the  petition  of  the  secretary  of 
the  commission,  mal^e  an  order  directing  the  guardian  to 
sell  so  much  of  the  other  personal  or  real  estate  or  both, 
of  said  insane  person  as  may  be  necessary  to  pay  for 
the  care,  support,  maintenance,  clothing  and  expenses  of 
said  insane  person  at  said  hospital.  From  the  proceeds 
of  such  sale  the  guardian  shall  pay  the  amount  due  for 
the  care,  support,  maintenance,  and  expenses  at  said  hos- 
pital, and  also  such  other  charges  as  are  allowed  by  law. 
Provided,  however,  payment  for  the  care,  support,  main- 
tenance, clothing  and  expenses  of  any  insane  person  at 
a  state  hospital  shall  not  be  exacted  when  such  payment 
will,  in  any  case,  where  there  is  a  likelihood  of  such  insane 
person  recovering  or  being  released  from  said  hospital, 
reduce  his  estate  to  that  extent,  in  the  event  of  his  dis- 
charge from  the  hospital,  he  is  likely  to  become  a  burden 
on  the  community.  En.  March  12,  1872.  Rep.  1903,  485. 
En.  Stats.  1903,  506. 

§  2182.  Suits  against  relatives.  If  the  insane  person 
has  no  estate  out  of  which  payment  of  the  amount  fixed 
by  section  2180  can  be  enforced,  then  his  relatives  made 
liable  by  section  2176  may  be  compelled  to  pay  such 
amount  by  actions  against  them,  or  any  of  them,  brought 
by  the  commission  as  in  this  act  provided.  En.  March  12, 
1872.     Rep.  1903,  485.     En.  Stats.  1903,  506. 

§  2183.  Duties  of  officers  respecting  insane  poor.  All 
peace  officers  and  other  persons  having  similar  duties 
relating  to  the  insane  poor  are  charged  with  the  duty  of 
seeing  that  all  poor  and  indigent  insane  persons  within 


513  STATE   COMMISSION   IN   LUNACY.  §§  2184-2185a 

their  respective  municipalities  are  speedily  granted  the 
relief  conferred  by  this  act,  and  when  so  ordered  by  a 
superior  judge,  must  see  that  they  are,  without  unneces- 
sary delay,  transferred  to  the  proper  state  hospitals  pro- 
vided for  their  care  and  treatment.  Before  sending  a 
person  to  any  such  hospital,  they  must  see  that  he  is  in 
a  state  of  bodily  cleanliness  and  comfortably  clothed  with 
new  clothes  in  accordance  with  the  regulations  prescribed 
by  the  commission.  It  may  by  order  direct  that  any  per- 
son whom  it  deems  unsuitable  therefor  shall  not  be 
employed  as  an  attendant  for  such  insane  person.  After 
the  patient  has  been  delivered  to  the  proper  officers  of 
the  hospital,  the  care  and  custody  of  the  county  or  mu- 
nicipality from  which  he  is  sent,  cease.  En.  March  12, 
1872.     Rep.    1903,    485.     En.    Stats.    1903,    507. 

§  2184.  Homeopathic  treatment.  When  the  relatives, 
friends,  or  guardians  of  an  insane  person  desire  him  to 
receive  homeopathic  treatment,  he  may  be  committed  to 
the  Southern  California  state  hospital  from  any  county  of 
the  state,  in  the  discretion  of  the  judge  granting  the  order 
of  commitment,  if  the  crowded  condition  of  that  hospital 
does  not  preclude  his  admission  to  the  detriment  of  other 
patients.    En.  Stats.  1903,  507. 

§  2185.  Admissions  under  special  agreements.  Except 
as  in  this  chapter  provided  all  patients  admitted  to  a 
state  hospital  shall  be  duly  committed  thereto  and  shall 
be  subject  to  the  general  rules  and  regulations  of  the 
hospital.  The  medical  superintendent  may,  with  the 
approval  of  the  board  of  managers,  enter  into  a  special 
agreement,  secured  by  a  properly  executed  bond,  with 
the  relatives,  guardian  or  friend  of  any  patient  therein, 
for  his  care,  support,  maintenance  or  other  expenses  at  the 
hospital,  said  agreement  and  bond  shall  be  to  the  people 
of  the  state  of  California  and  action  to  enforce  the  same 
may  be  brought  thereon  by  the  commission.  All  bills 
due  under  the  provisions  of  this  section  shall  be  collected 
monthly.  But  no  patient  must  be  permitted  to  occupy 
more  than  one  room  in  any  state  hospital,  nor  must  any 
patient,  his  guardian,  friends  or  relatives,  be  permitted 
to  pay  for  his  care  and  treatment  therein,  a  sum  greater 
than  ten  dollars  per  week.     En.  Stats,  1903,  507. 

§  2185a.  Admission  of  insane  soldiers  and  sailors.  The 
commission  may  authorize  the  medical  superintendent  of 

Pol.  Code— 33 


§§  2186,  2187  STATE   COMMISSION  IN  LUNACY.  SU 

any  state  hospital  for  the  insane  to  admit  thereto  any 
insane  soldier  or  sailor  in  the  service  of  the  United  States, 
provided  there  is  room  therein,  on  such  terms  as  may 
be  agreed  upon  between  the  medical  superintendent  of  the 
hospital  and  the  properly  authorized  agents,  officers  or 
representatives  of  the  United  States  government,  and  ap- 
proved by  the  commission.    En.  Stats.  1903,  507. 

§  2186.     Superintendent's  duty  to  examine  new  patients. 

Every  superintendent,  or  person  in  charge  of  a  state  has- 
pital,  must,  within  three  days  after  the  reception  of  a 
patient  or  patient,  make  or  cause  to  be  made  a  thorough 
physical  and  mental  examination  of  such  patient  or  in- 
mate, and  state  the  result  thereof,  on  blanks  prepared  and 
exclusively  set  apart  for  that  purpose.  He  must  also  make, 
or  cause  to  be  made,  from  time  to  time,  examination  of 
the  mental  state,  bodily  condition,  and  medical  treatment 
of  such  patient  or  inmate,  in  such  manner,  and  state  its 
results,  upon  such  blank  forms,  as  shall  be  approved  by 
the  commission,  during  the  time  such  patient  or  inmate 
remains  under  his  care,  and  in  the  event  of  the  death 
or  discharge  of  such  ^person,  he  must  state,  upon  such 
blank  forms,  the  circumstances  thereof,  and  make  such 
examinations  at  such  other  intervals  of  time  and  in  such 
form  as  may  be  required  by  the  commission.  En.  Stats. 
1903,  507. 

§  2187.  Transfer  of  patients.  1.  When  the  building  of 
any  state  hospital  becomes  overcrowded  with  patients  or 
inmates,  or  the  number  of  buildings  is  reduced  by  fire,  or 
other  casualties,  or  for  other  sufficient  cause,  the  commis- 
sion may,  in  its  discretion,  cause  the  transfer  of  patients 
or  inmates  therefrom  or  direct  that  patients  or  inmates 
required  to  be  sent  thereto,  be  transferred  to  another  state 
hospital,  where  they  can  be  conveniently  received,  or 
make,  in  emergencies,  temporary  provision  for  their  care, 
preference  to  be  given  in  such  transfer  to  a  hospital  in 
an  adjoining  rather  than  a  remote  district.  The  expense 
of  such  transfer  is  chargeable  to  the  state,  and  the  bills 
for  the  same,  when  approved  by  the  commission,  must 
be  paid  by  the  treasurer  of  state  on  the  warrant  of  the 
controller,  out  of  any  moneys  provided  for  the  care  or 
support  of  the  insane. 

2.  Patients  may  be  transferred  at  the  request  of  rela- 
tives or  friends;    provided,  there  is  room  in  the  hospital 


515  STATE   COMMISSION  IN  LUNACY.  J  5  2188,  2189 

to  which  transfer  is  sought,  but  in  case  of  transfers  made 
as  last  provided  the  expense  of  such  transfers  shall  be 
paid  by  such  relatives  or  friends;  provided,  further,  that 
transfers  as  last  provided,  shall  not  be  made  unless  the 
consent  of  the  commission  and  the  medical  superintend- 
ents of  the  hospitals  from  which  and  to  which  said  trans- 
fer is  to  be  made  be  obtained. 

3.  The  commission,  when  it  deems  it  necessary,  may 
transfer  any  inmate  of  the  home  for  feeble-minded  for  care 
and  treatment  to  a  state  hospital  for  the  insane  for  care 
and  treatment  therein  and  the  counties,  guardian,  rela- 
tives or  friends  of  such  inmate  shall  be  liable  for  his  care, 
support  and  maintenance  in  said  hospital  for  the  insane  in 
the  same  manner  and  to  the  same  extent  as  under  the 
commitment  or  terms  of  admission  of  said  inmate  to  said 
home.  The  commission,  when  it  deems  it  necessary,  may 
transfer  any  patient  in  any  state  hospital  for  the  insane 
to  the  said  home  for  care  and  treatment  therein.  The 
estate,  relatives  or  friends  of  such  patient  shall  be  liable 
for  the  care,  support  and  maintenance  of  such  patient  at 
the  said  home  in  the  same  manner  and  to  the  same  extent 
as  at  said  hospital  from  which  said  patient  was  transferred. 
En.  Stats.  1903,  508. 

§  2188.  Habeas  corpus.  Any  one  in  custody  as  an  in- 
sane or  incompetent  person  is  entitled  to  a  writ  of  habeas 
corpus,  upon  a  proper  application  made  by  the  commis- 
sion, by  such  person,  a  relative  or  friend  in  his  behalf  to 
the  superior  judge  of  the  county  in  which  the  hospital  is 
located.  Upon  the  return  of  such  writ,  the  fact  of  his 
insanity  or  incompetency  must  be  inquired  into  and  deter- 
mined. The  medical  history  of  such  person  as  it  appears 
in  the  clinical  records,  must  be  given  in  evidence,  and  the 
superintendent  in  charge  of  the  state  hospital  wherein 
such  person  is  held  in  custody,  and  any  other  person,  must 
be  sworn  touching  the  mental  condition  of  such  person. 
En.  Stats.  1903,   508 

§  2189.  Discharge  of  patients.  The  superintendent  of  a 
state  hospital  on  filing  his  written  certificate  with  the  sec- 
retary of  board  of  managers,  may  discharge  any  patient, 
except  one  held  upon  an  order  of  a  court  or  judge  having 
criminal  jurisdiction  in  an  action  or  proceeding  arising 
out  of  a  criminal  action  or  proceeding  arising  out  of  a 
criminal  offense,  at  any  time,  as  follows: 


§  2189  STATE    COMMISSION   IN    LUNACY.  618 

1.  A  patient  who,  in  his  judgment,  has  recovered; 

2.  Any  patient  who  is  not  recovered,  but  whose  dis- 
charge, in  the  judgment  of  the  superintendent,  will  not 
be  detrimental  to  the  public  welfare,  or  injurious  to  the 
patient.  The  medical  superintendent  may,  when  he  deems 
it  advisable,  refuse  to  discharge  any  patient  as  improved, 
unless  the  guardian,  friends  or  relatives  of  such  patient 
shall  satisfy  such  medical  superintendent  that  they  are 
financially  able  and  willing  to  properly  care  for  such  pa- 
tient after  his  discharge.  When  the  superintendent  is 
unwilling  to  certify  to  the  discharge  of  an  unrecovered 
patient,  upon  request,  and  so  certifies  in  writing,  giving  his 
reasons  therefor,  any  superior  judge  of  the  county  in  which 
the  hospital  is  situated  may,  upon  such  certificate,  and  an 
opportunity  of  a  hearing  thereon  being  accorded  the  su- 
perintendent and  upon  other  proofs  as  may  be  produced 
before  him,  direct,  by  order,  the  discharge  of  such  patient, 
upon  such  security  to  the  people  of  the  state  as  he  may 
require  for  the  good  behavior  and  maintenance  of  the 
patient.  The  certificate  and  the  proof,  and  the  order 
granted  thereon,  must  be  filed  in  the  clerl5:'s  oflice  of  the 
county  in  which  the  hospital  Is  situated,  and  a  certified 
copy  of  the  order  in  the  hospital  from  which  the  patient 
is  discharged. 

8.  The  superintendent  may  grant  a  parole  to  a  patient, 
not  exceeding  thirty  days,  under  general  conditions  pre- 
scribed by  the  commission. 

4.  A  patient  committed  to  a  hospital  under  the  provi- 
sions of  chapter  six,  title  ten,  part  two,  of  the  Penal  Code, 
must,  upon  the  certificate  of  the  superintendent  that  such 
per.-?on  has  recovered,  approvecl  by  the  superior  judge  of 
the  county  from  which  the  patient  was  committed,  be  rede- 
livered to  the  sheriff  of  such  county,  and  dealt  with  as  pro- 
vided for  by  said  chapter  six  of  the  Penal  Code. 

5.  The  medical  superintendent  of  a  state  hospital  may 
c  I  his  own  motion  and  must  on  the  order  of  the  commis- 
sion, discharge  any  patient  who  is  not  insane,  or  because 
he  is  not  a  proper  case  for  treatment  therein,  or  because 
such  patient  is  a  case  of  idiocy,  imbecility,  chronic,  harm- 
less mental  unsoundness  or  acute  mania  a  potu.  Such 
person,  when  discharged,  shall  be  returned  to  the  county 
from  which  he  was  committed  at  the  expense  of  said 
county.    When  such  person  is  a  poor  and  indigent  person 


517  STATE   COMMISSION  IN  LUNACY.  §  219<i 

he  shall  be  delivered  to  the  sheriff  of  the  county  who 
must  take  the  necessary  steps  for  the  care  of  such  per- 
son. When  such  person  is  a  poor  and  indigent  person  he 
shall  be  cared  for  by  such  county  as  are  other  indigent 
poor,  and  it  is  hereby  made  the  duty  of  the  board  of  offi- 
cer or  officers  having  charge  of  the  place  where  other  poor 
and  indigent  personr,  are  kept  by  the  county  to  receive 
such  discharged  patients  therein. 

When  any  person  is  discharged  from  any  state  hospital 
as  is  last  herein  provided,  he  shall  not  be  again  commit- 
ted to  any  state  hospital  for  the  insane  unless  permis- 
sion for  such  recommitment  be  first  obtained  from  the 
medical  superintendent  thereof.  Said  medical  superin- 
tendent shall  refuse  to  receive  such  person  on  such  re- 
commitment unless  such  permission  is  obtained  as  here- 
in provided. 

6.  When  any  person  is  discharged  as  recovered  from  a 
state  hospital  a  copy  of  the  certificate  of  discharge  duly 
certified  by  the  secretary  of  the  board  of  managers,  may 
be  filed  for  record  with  the  clerk  of  the  superior  court  of 
the  county  from  which  said  person  was  committed.  The 
clerk  shall  record  the  same  in  a  book  kept  for  that  pur- 
pose, and  shall  keep  an  index  thereof.  No  fees  shall  be 
charged  by  the  clerk  for  performing  such  duties.  Such 
certified  copy  of  such  certificate  and  the  record  of  the 
the  same  shall  have  the  same  legal  effect  as  the  original, 
and  if  no  guardian  has  been  appointed  for  such  person  as 
provided  by  sections  seventeen  hundred  and  sixty-three 
and  seventeen  hundred  and  sixty-four  of  the  Code  of 
Civil  Procedure,  such  certificate,  duly  certified  copies 
thereof  and  such  record  thereof  shall  have  the  same  legal 
force  and  effect  as  a  judgment  of  restoration  to  capacity 
made  under  the  provisions  of  section  seventeen  hundred 
and  sixty-six  of  the  Code  of  Civil  Procedure.  The  term 
patient  as  used  in  subdivisions  one,  two,  three  and  six 
of  this  section  shall  be  regarded  as  referring  to  and  in- 
cluding inmates  of  the  home  for  ,the  feeble-minded.  En. 
Stats.  1903,  509.    Am'd.  1905,  174. 

§  2190.  Clothing  of  discharged  patients.  No  patient  or 
inmate  must  be  discharged  from  a  state  hospital  without 
suitable  clothing  adapted  to  the  season  in  which  he  is 
discharged;  and,  if  it  cannot  otherwise  be  obtained,  the 
steward  must,  upon  the  order  of  the  superintendent,  fur- 
nish the  same  and  money,  not  exceeding  twenty-five  del- 


§§  2190a-2192  STATE   COMMISSION  IN   LUNACY.  518 

lars,  to  defray  his  necessary  expenses  until  he  can  reach 
his  relatives  or  friends,  or  find  employment  to  earn  a  sub- 
sistence.    En.  Stats.  1903,  510. 

§  2190a.  Escaped  patients.  When  any  patient  or  inmate 
has  escaped  from  any  state  hospital  it  shall  be  the  duty 
of  the  shei'iff  of  any  county  in  which  he  may  be  found,  to 
arrest  said  patient  or  inmate  and  deliver  him  to  any  per- 
son authorized  by  the  medical  superintendent  to  receive 
him.     En.   Stats.  1903,  510. 

§  2191.  Return  of  insane  person  to  other  state  or 
country.  If  any  order  is  issued  by  any  judge  committing 
to  a  state  hospital  a  poor  or  indigent  person  who  has 
(not  been  a  legal  resident  of  this  state  for  a  period  of  at 
least  one  year),  the  commission  may  in  its  discretion  re- 
turn said  person,  either  before  or  after  his  admission  to 
the  state  hospital,  to  the  country  or  state  to  which  he  be- 
longs, and  for  such  purpose  may  expend  as  much  of  the 
money  appropriated  for  the  care  of  the  insane  or  incompe- 
tent as  may  be  necessary,  subject  to  the  approval  of  the 
state  board  of  examiners.  The  medical  superintendent  of 
a,  state  hospital  is  required  to  immediately  notify  the 
commission  if  there  is  any  question  as  to  the  propriety 
of  the  commitment  or  detention  of  any  person  received  at 
such  hospital,  and  said  commission  upon  such  notifica- 
tion shall  inquire  into  the  matter  presented  and  take  such 
action  as  may  be  deemed  proper  in  the  premises.  En. 
Stats.  1903,  510.     Am'd.  1905,  228. 

§  2192.  Commitments  of  incompetents  other  than  insane 
persons.  Whenever  any  parent,  guardian,  or  other  person 
charged  with  the  support  of  an  imbecile  or  feeble-minded 
person,  or  any  idiot,  or  epileptic  who  is  not  insane,  de- 
sires him  to  be  admitted  into  the  home  for  feeble-mind- 
ed, he  may  petition  the  superior  court  of  the  county  in 
which  he  resides,  for  an  order  admitting  such  person  to 
such  hospital.  The  judge  must  inquire  into  the  condition 
or  status  of  such  person,  and  if  he  finds  him  to  be  an  im- 
becile, feeble-minded  person,  idiot  or  epileptic,  and  that 
he  has  been  a  resident  of  the  state  for  one  year  next  pre- 
ceding the  presentation  of  the  petition,  such  judge  must 
make  an  order  that  he  be  received,  maintained,  and  edu- 
cated in  such  hospital,  and  on  the  presentation  of  such 
order    the    superintendent    must    receive    him    therein,    if 


S19  STATE    COMMISSION    IN    LUNACY.  §  2193 

the  hospital  is  not  already  full,  or  the  fund  available  for 
its  support  exhausted;  but  the  imbecile,  feeble-minded 
person,  idiot,  or  epileptic,  need  not  be  received  if,  in  the 
judgment  of  the  management  of  the  hospital  or  the  com- 
mission, he  is  not  a  suitable  subject  for  admission  there- 
to. The  judge  must  inquire  into  the  financial  condition 
of  the  parent,  guardian,  or  other  person  charged  with  the 
support  of  any  such  person,  and  if  he  finds  him  able,  in 
whole  or  in  part,  to  pay  its  expenses  at  such  hospital,  he 
must  make  a  further  order  requiring  such  parent,  guard- 
ian, or  other  person  charged  with  the  support  of  such 
person  to  pay  to  the  hospital  at  stated  periods  such  sums 
as,  in  the  opinion  of  the  judge,  are  proper  during  such 
time  as  the  person  may  remain  in  such  hospital.  This 
order  may  be  enforced  by  such  further  orders  as  the  juage 
deems  necessary,  and  may  be  varied,  altered,  or  revoked 
in  his  discretion,  and  the  board  of  managers  may,  with 
the  approval  of  the  commission,  cause  the  peremptory  dis- 
charge of  any  person  who  has  been  an  inmate  or  patient 
for  the  period  of  one  month.  For  each  child  or  other  per- 
son committed  to  such  home,  the  Judge  must  make  such 
orders  as  are  requisite  to  secVTre  the  payment,  by  the 
county  from  which  he  is  committed,  to  the  state  treasury, 
of  the  sum  of  ten  dollars  monthly  for  and  during  each 
month,  or  part  of  month,  such  person  so  committed  re- 
mains an  inmate  of  the  hospital,  but  in  the  absence  of 
such  order,  or  unless  otherwise  specially  set  forth  therer 
in,  the  signing  and  delivery  by  the  judge  of  a  commit- 
ment is  prima  facie  evidence  of  the  intent  that  the  pay- 
ment of  such  monthly  support  shall  be  a  charge  against 
the  county,  or  city  and  county,  from  which  the  commit- 
ment was  made.    En.  Stats.  1903,  511. 

§  2193.  Moneys  received  from  counties  for  support  of 
incompetents.  All  moneys  received  from  counties  for  the 
support  of  the  inmates  of  the  home  for  feeble-minded  shall 
be  used  for  the  payments  of  all  claims  for  the  general 
support  and  maintenance  of  the  hospital  and  the  inmates 
therein,  except  for  salaries,  wages,  contingent  expenses 
of  the  officers,  and  expenses  for  supplies,  buildings,  im- 
provements and  other  expenditures,  the  cost  of  which  are 
defrayed  from  the  contingent  fund.  Each  county  auditor 
must  include  in  his  state  settlement  report  rendered  to 
the  controller  in  the  months  of  May  and  December  the 
amount  due  the  state  under  this  act  by  reasons  of  commit- 
ments  to   the    home   for   feeble-minded;    and    the   county 


§§  2194,  2195  STATE    COMMISSION    IN    LUNACY.  SS^ 

treasurer,  at  the  time  of  the  settlement  with  the  state  in 
such  months,  must  pay  to  the  state  treasurer,  upon  the 
order  of  the  controller,  the  amounts  found  to  be  due  to 
the  state  by  reason  of  the  commitments  herein  referred  to. 
En.  March  12,  1872.     Rep.  1903,  485.     En.  1903,  511. 

§  2194.  Admissions  of  incompetents  by  agreement.  The 
board  of  managers,  when  the  accommodations  of  the  home 
for  feeble-minded  permit,  if  such  action  does  not  conflict 
with  the  interests  or  welfare  of  committed  cases  or  appli- 
cants awaiting  admission,  may  „dmit,  for  any  stated  period 
of  time,  without  judicial  commitment,  such  persons  as  are 
before  and  hereinafter  specified  as  eligible  .or  admission, 
upon  such  terms  of  special  payment,  gift,  bequest,  dona- 
tion, legacy,  transfer  of  real  or  personal  property,  or  other 
lawful  procedure,  as  may  appear  to  them  to  be  to  the  best 
interests  of  the  state,  and  may  further  secure  to  the  said 
home  for  the  time  such  persons  so  admitted  are  inmates 
of  the  home  such  revenue  or  compensation  as  fully  covers 
the  actual  cost  of  the  home  for  all  care,  treatment,  edu- 
cation, and  support  therein  involved.  The  moneys  received 
for  the  use  of  the  hospital  as  in  this  chapter  provided 
shall  be  paid  into  the  contingent  fund  of  the  hospital  and 
may  be  expended  by  the  managers  as  is  provided  in 
section  twenty-one  hundred  and  fifty-eight  relating  to  the 
contingent  funds  of  state  hospitc^ls.  Actions  to  recover 
the  amounts  due  under  this  section  may  be  brought  by  the 
commission  in  the  manner  provided  by  section  2197  of  this 
chapter.  En.  March  12,  1872.  Rep.  1903,  485.  En.  1903, 
512. 

§  2195.  Terms  of  life  tenure.  Nothing  in  this  chapter 
contained  interferes  with  or  affects  the  status  of  such  in- 
mates as  may  now  be  in  the  home  for  feeble-minded  un- 
der terms  of  life  tenure,  or  such  other  inmates  as  may  be 
deemed  by  the  management  self-supporting  by  the  value 
of  their  labor,  or  who  may  pay  in  whole  or  in  part  such 
sums  as,  in  the  judgment  of  the  management,  cover  the 
cost  of  their  support.  For  all  cases  the  commission  is 
authorized  and  directed  to  secure  from  the  proper  officers 
of  the  several  counties  whence  the  inmates  were  committed 
or  received,  such  arrangements  for  commitment  under  the 
terms  of  this  act  as  may  prevent  such  inmates  becoming 
a  sole  charge  upon  the  state;  and  the  commission  is' 
further  authorized  to  discharge,  at  its  discretion,  any 
person  whose  support  is  unprovided  for  by  the  terms  of 


Ki  STATE   COMMISSION   IN   LUNACY.  9  2196 

this  chapter.  En.  March  12,  1872.    Rep.  1903,  485.  EH.  1903, 
512. 

§  2196.  Private  hospitals.  No  person,  association,  or 
corporation,  must  establish  or  keep  an  institution  for  the 
care,  custody,  or  treatment  of  the  insane,  alleged  insane 
or  other  incompetent  persons  referred  to  in  this  act  for 
compensation  or  hire,  without  first  obtaining  a  license 
therefor  from  the  commission.  Every  application  for  such 
license  must  be  accompanied  by  a  plan  of  the  premises 
proposed  to  be  occupied,  describing  the  capacities  of  the 
buildings  for  the  uses  intended,  the  extent  and  location  of 
grounds  appurtenant  thereto,  and  the  number  of  patients 
proposed  to  be  received  therein,  with  such  other  informa- 
tion, and  in  such  form,  as  the  commission  may  require. 
The  commission  must  not  grant  any  such  license  without 
first  having  made  an  examination  of  the  premises  proposed 
to  be  licensed.  It  must  be  satisfied  that  they  are  substan- 
tially as  described,  and  are  otherwise  fit  and  suitable  for 
the  purposes  for  which  they  are  designed  to  be  used,  and 
that  such  license  should  be  granted.  The  commission 
may  at  any  and  all  times  examine  and  ascertain  how  far  a 
licensed  institution  is  conducted  in  compliance  with  the 
license  therefor,  and  after  due  notice  to  the  institution,  and 
opportunity  for  it  to  be  heard,  the  commission,  having 
made  a  record  of  the  proceeding  upon  such  hearing,  may, 
if  the  interests  of  the  inmates  of  the  institution  so  de- 
mand, for  just  and  reasonable  cause  then  appearing,  and 
to  be  stated  in  its  order,  amend  or  revoke  any  such  license 
by  an  order  to  take  effect  within  such  time  after  the  serv- 
ice thereof  upon  the  license,  as  the  commission  determines. 
The  authorities  of  each  institution  for  insane  persons  or 
other  incompetents  must  place  on  file  in  the  ofllce  of  the 
institution  the  recommendations  made  by  the  commis- 
sioners, as  a  result  of  their  visits,  for  the  purpose  of  con- 
sultation by  such  authorities,  and  for  reference  by  the 
commissioners  upon  their  visits.  Every  private  institution 
for  the  care  and  treatment  of  insane  or  other  incompetent 
persons  referred  to  in  this  chapter  shall  keep  records  of 
every  person  admitted  thereto,  in  the  same  manner  and 
form  prescribed  for  state  hospitals,  and  shall  furnish  to 
the  commission  when  required  the  facts  mentioned  in  sub- 
division seven  of  section  twenty-one  hundred  and  forty-two. 
The  commission  or  any  member  thereof  may  at  such  times 
as  such  commission  or  commissioners  choose  visit  and 
examine  any  hospital  or  institution  caring  for  and  treating 


§§  2197-2199  STATE   COMMISSION   IN   LUNACY.  iC 

insane,  alleged  insane,  or  incompetent  persons.  In  makiag 
such  visits  or  examination,  said  commission  or  any  mem- 
ber thereof  shall  exercise  the  same  powers  as  are  con- 
ferred on  them  by  section  twenty-one  hundred  and  forty- 
three  of  this  chapter.  If  any  person  or  persons  shall  carry 
on  or  conduct  or  attempt  to  carry  on  or  conduct  an  institu- 
tion for  the  care  or  treatment,  or  for  the  care  and  treat- 
ment of  the  insane  or  alleged  insane,  or  incompetents 
without  first  obtaining  a  license  from  the  state  commis- 
sion in  lunacy,  as  in  this  chapter  provided,  such  person  or 
persons  shall  be  deemed  guilty  of  a  misdemeanor  for  each 
violation  of  the  provisions  of  this  section,  and  on  convic- 
tion thereof  shall  be  punished  by  imprisonment  in  a 
county  jail  not  exceeding  six  months,  or  by  a  fine  not  ex- 
ceeding one  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. The  managing  and  executive  ofllcers  of  any 
corporation  violating  the  provisions  of  this  section  shall  be 
liable  under  the  provisions  of  this  section  in  the  same 
manner  and  to  the  same  effect  as  a  private  individual  vio- 
lating the  same.  En.  March  12,  1872.  Rep.  1903,  485.  En. 
1903,  512. 

§  2197.  Actions  by  commission.  The  commission  may 
in  its  own  name  bring  an  action  to  enforce  payment  for 
the  cost  of  determining  the  insanity  of  any  person  and 
securing  his  admission  into  a  state  hospital  when  his  es- 
tate or  any  person  is  liable  for  the  same,  or  to  recover 
for  the  use  and  benefit  of  any  state  hospital  or  for  the 
state  the  amount  due  for  the  care,  support,  maintenance 
and  expenses  of  any  patient  or  inmate  therein,  against 
any  county,  person,  guardian  or  relative  liable  for  such 
care,  support,  maintenance  and  expenses.  En.  March  12, 
1872.  Rep.  1903,  485.  En.  Stats.  1903,  513.  Am'd.  1905, 
184.* 

Cal.  Rep.  Cit.    87,  197. 

§  2198.  Interpretation.  The  provisions  of  this  chapter 
and  every  amendment  thereto,  so  far  as  they  are  the  same 
as  existing  statutes  or  the  common  law  must  be  regarded 
as  continuations  thereof,  and  not  as  new  enactments.  EJn. 
March  12,  1872.     Rep    1903,  485.     En.  1903,  514. 

§  2199.  Reservations.  No  action  or  proceeding  com- 
menced before  this  chapter  or  any  amendments  thereto, 
takes  effect,  and  no  rights  accrued  are  affected  by  Its 


£28  STATE   COMMISSION   IN  LUNACT.  {9  2200-2219 

provisions.  Any  action  or  proceeding  commenced  before 
this  chapter  or  any  amendment  thereto  takes  effect  for 
the  enforcement  of  any  right,  liability  or  obligation  accru- 
ing before  this  chapter  or  any  amendment  thereto  takes 
effect  may  be  maintained  and  prosecuted  to  final  deter- 
mination in  the  manner  and  form  in  which  the  same  was 
brought.  After  this  chapter  takes  effect  all  actions  or 
proceedings  brought  for  the  enforcement  of  such  rights, 
liabilities  and  obligations  must  conform  to  the  provisions 
of  this  chapter  as  far  as  applicable.  En.  March  12,  1872. 
Rep.  1903,  485.    En.  1903,  514. 

§  2200.     (Repealed.)  En.  March  12,  1872.    Rep.  1903,  485. 

§  2210.     (Repealed.)     En.    March    12,    1872.    Rep.    1903, 
485. 

§  2211.     (Repealed.)     En.    March    12,    1872.    Rep.    1903, 
485. 

§  2212.     (Repealed.)     En.    March    12,    1872.    Rep.    1903, 
485. 

§  2213.     (Repealed.)    En.    March   12,    1872.    Rep.   1903, 
485. 

§  2214.     (Repealed.)     En.   March    12,    1872.    Rep.   1903, 
485. 

§  2215.     (Repealed.)     En.  Marcch  12,  1872.    Rep.   1903. 
485. 

§  2216.     (Repealed.)    En.    March    12,    1872.    Rep.    1903, 
485. 

§  2217.     (Repealed.)     En.  March  12,  1872.    Am'd.  1881,  7. 
Rep.  1903,  485. 

Cal.  Rep.  Cit.    87,  195;  87,  199. 

§  2218.     (Repealed.)     En.  March  12,  1872.    Am'd.  1895, 
36.     Rep.  1903,  485. 

§  2219.     (Repealed.)     En.   March    12,   1872.    Rep.   1903, 
486. 
Cal.  Rep.  Cit.    93,  131. 


§§  2220-2237        DEAF,   DUMB,  AND  BLIND  ASYLUM.  K» 

§  2220.  (Repealed.)  En.  March  12,  1872.  Rep.  1903, 
485. 

§  2221.     (Repealed.)     En.   March  12,   1872.    Am'd.  1880, 
59.     Rep.  1903,  485. 
Cal.  Rep.  Cit.    50,  119;   77,  595. 

§  2222.  (Repealed.)  En.  March  12,  1872.  Rep.  1903, 
485. 

CHAPTER   II. 

DEAF,   DUMB,    AND   BLIND   ASYLUM. 

Article    I.  General   Provisions,    §§   2237-2244. 

II.  Board    of    Directors,    §§    2254-2257. 

III.  Principal    Teacher,     §§    2267-2270. 

IV.  Treasurer,     §§    22S0-2282. 

ARTICLE  I. 

GENERAL    PROVISIONS. 

§  2236.  Change   of  name. 

§  2237.  Objects   of. 

§  2238.  Who  entitled  to  its  benefits. 

§  2239.  Same. 

§  2240.  Clothing   and   maintenance   of   pupils. 

§  2241.  Blindness   and   deafness   defined. 

§  2242.  Geological    cabinet. 

§  2243.  Salaries,    how   paid. 

§  2244.  Approval    and    filing    of   ofllcial   bonds. 

§  2236.  Change  of  name.  The  Institution  of  the  Deaf 
and  Dumb  and  the  Blind  located  at  Berkeley  in  Alameda 
county  and  heretofore  known  as  the  Deaf,  Dumb  and  Blind 
Asylum  shall  hereafter  be  named  and  known  and  desig- 
nated as  the  "California  Institution  for  the  Deaf  and  the 
Blind."     En.  Stats.  1905,  488. 

§  2237.  Objects  of.  The  Institution  for  the  Deaf  and 
the  Blind,  located  at  Berkeley,  Alameda  Co.,  is  a  part  of 
the  school  system  of  the  state,  except  that  it  shall  derive 
no  revenue  from  the  public  school  fund,  and  has  for  Its 
object  the  education  of  the  deaf  and  the  blind  who,  by 
reason  of  their  infirmity,  cannot  be  taught  in  the  public 
schools.  It  shall  be  known  and  designated  as  the  Califor- 
nia Institution  for  the  Deaf  and  the  Blind.  En.  March  12, 
1872.     Am'd.  1905,  488. 

Acts  relating  to  asylum:  See  General  Laws,  title  Deaf, 
Dumb,  and  Blind. 


525  DEAF,   DUMB,    AND   BLIND   ASYLUM.  §§  22i8-22H 

§  2238.  Who  entitled  to  its  ijenefits.  Every  deaf,  dumb, 
or  blind  person,  resident  of  this  state,  of  suitable  age  and 
capacity,  is  entitled  to  an  education  in  this  asylum  free 
of  charge.    En.  March  12,  1872. 

§  2239.  Same.  Such  persons  not  residents  of  this  state 
are  entitled  to  the  benefits  of  this  asylum  upon  paying  to 
the  treasurer  thereof  eighty-five  dollars  quarterly  in  ad- 
vance.    En.  March  12,  1872. 

§  2240.  Clothing  and  maintenance  of  pupils.  If  the 
parents  or  guardians  of  any  pupil  in  the  asylum  for  the 
deaf,  dumb,  and  blind  shall  be  unable  to  clothe  such  child, 
the  parent  or  guardian  may  testify  to  such  inability  before 
the  judge  of  the  superior  court  of  the  county  wherein  he 
or  she  is  resident,  and  if  said  judge  is  satisfied  that  the 
parent  or  guardian  is  not  able  to  provide  suitable  clothing 
for  the  child,  he  shall  issue  a  certificate  to  that  effect; 
and  upon  presentation  of  such  certificate,  it  shall  be  the 
duty  of  the  directors  of  said  asylum  to  clothe  the  child, 
the  expenses  to  be  paid  out  of  the  appropriations  made 
for  the  support  of  the  asylum.  All  pupils  in  the  asylum 
shall  be  maintained  at  the  expense  of  the  state.  Eti.  March 
12,  1872.     Am'd.  1873-4,  115;   1880,  21. 

§  2241.  Blindness  and  deafness  defined.  Inability  by 
reason  of  defective  sight  to  read  ordinary  printed  matter 
is  blindness,  and  inability  to  hear  ordinary  conversation  is 
deafness,  within  the  meaning  of  this  chapter.  En.  March 
12,  1872. 

§  2242.  Geological  cabinet.  The  state  geologist  and 
regents  of  the  university  may  make  up  from  duplicate 
specimens  under  their  control  a  geological  cabinet  for  the 
use  of  the  asylum.     En.  March  12,  1872. 

§  2243.  Salaries,  how  paid.  The  salaries  mentioned  in 
this  chapter  must  be  paid  monthly  out  of  the  moneys 
appropriated  for  the  support  of  the  asylum.  En.  March  12, 
1872. 

§  2244.  Approval  and  filing  of  official  bonds.  The  official 
bonds  required  by  the  provisions  of  this  chapter  must  be 
approved  by  the  board,  and  filed  and  recorded  in  the  office 
of  the  secretary  of  state.     En.  March  12,  1872. 

Official  bonds:  Ante,  sees.  947,  987. 


§§  2254,  2255        DEAF,  DUMB,   AND  BLIND  ASYLXJM.  526 

ARTICLE  II. 

BOARD    OF   DIRECTORS. 

§  2254.  Under   control    of   board    of   directors. 

§  2255.  Powers   and    duties   of   board. 

§  22.')6.  Approval    of   estimates   and   drawing   of   moneys. 

§  2257.  Directors    to   receive   no    salary. 

§  2254.  Under  control  of  board  of  directors.  The  asy- 
lum is  under  the  management  and  control  of  a  board  of 
directors,  consisting  of  five  persons,  appointed  and  hold- 
ing their  offices  as  provided  in  title  I  of  part  III  of  this 
code.     En.  March  12,  1872. 

Board  of  directors,  appointment  and  term  of  office: 
Ante,  sees.  368,  subd.  2,  and  369. 

§  2255.  Powers  and  duties  of  board.  The  powers  and 
duties  of  the  board  are  as  follows: 

1.  To  make  by-laws,  not  inconsistent  with  the  laws  of 
the  state,  for  their  own  government,  and  the  government 
of  the  asylum. 

2.  To  elect  the  principal  teacher. 

3.  To  elect  a  treasurer  who  shall  not  be  a  member  of 
the  board  of  directors. 

4.  To  elect  a  physician  for  the  asylum,  for  the  term  of 
two  years,  who  shall  not  be  a  member  of  the  board  of 
directors. 

5.  To  remove,  at  pleasure,  any  teacher  or  employee. 

6.  To  fix  the  compensation  of  teachers  and  employees. 

7.  To  make  diligent  inquiry  into  the  departments  of 
labor  and  expense,  the  condition  of  the  asylum,  and  its 
prosperity. 

8.  To  hold  stated  meetings  at  the  asylum  at  least  once 
in  every  three  months. 

9.  To  keep  a  record  of  their   proceedings. 

10.  To  report  to  the  governor  a  statement  of  the  re- 
ceipts and  expenditures,  the  condition  of  the  asylum,  the 
number  of  pupils,  and  of  such  other  matters  touching  the 
duties  of  the  board  as  they  deem  advisable.  En.  March 
12,   1872.     Am'd.    1873-4,   36. 

Cal.  Rep.  Cit.     145,  470.     Subd.  2—145,  470.     SubJ.  3— 
145,    470.      Subd.    4—145,    470.      Subd.    5—145,    471. 
Subd.  6—145,  471. 
Power  of  board  over  bequests — to  manage  and  inve'st: 
Stats.  1876,  p.  686. 


627  DEAF.    DUMB.    AND   BLIND   ASYLUM.  §§  2256-22BS 

Act  conferring  certain  powers  on  board:  See  General 
Laws,  title  Deaf,  Dumb,  and  Blind. 

§  2256.  Approval  of  estimates  and  drawing  of  moneys. 
If  the  board  approve  the  estimates  made  under  the  pro- 
visions of  section  2268,  it  must  notify  the  controller  of 
state,  who  must  draw  his  warrant  for  the  amount  esti- 
mated, in  three  equal  sums,  payable  to  the  board  monthly, 
out  of  any  moneys  in  the  state  treasury  appropriated  for 
the  use  of  the  asylum.     En.  March  12,  1872. 

§  2257.  Directors  to  receive  no  salary.  The  directors 
receive  no  compensation.     En.  March  12,  1872. 


ARTICLE  HI. 

PRINCIPAL    TEACHER. 

2267. 
2268. 
2269. 
2270. 

Qualifications. 
Powers  and   duties 
Salary. 
Bond. 

§  2267.  Qualifications.  The  principal  teacher  must 
have  not  less  than  three  years'  experience  in  the  art  of 
teaching  the  deaf,  dumb,  and  blind.     En.  March  12,  1872. 

§  2268.  Powers  and  duties.  He  is  the  chief  executive 
officer  of  the  asylum,  with  powers  and  duties  as  follows: 

1.  To  superintend  the  grounds,  buildings,  and  property 
of  the  asylum. 

2.  With  the  consent  of  the  board  of  directors,  to  fix  the 
number  of  and  appoint  and  remove  the  assistant  teachers 
and  employees. 

3.  To  prescribe  and  enforce  the  performance  of  the 
duties  of  the  assistant  teachers  and  employees. 

4.  To  control  the  pupils  and  prescribe  and  enforce  a 
system  of  instruction. 

5.  To  reside  at  the  asylum. 

6.  To  keep  a  daily  record  of  his  official  acts  in  the 
manner  prescribed  by  the  by-laws. 

7.  To  estimate  quarterly  in  advance  the  expenses  of 
the  institution,  and  report  such  estimate  to  the  board  of 
directors. 

8.  To  make  up  his  annual  accounts  to  the  first  of 
July  in  each  year,  and  as  soon  thereafter  as  possible  re- 
port a  statement  thereof  and  of  the  conditions  of  the  asy- 
lum to  the  board  of  directors.    En.  March  12.  1872. 


§§  2269-2292  STATE    LIBRARY.  b2'i 

Cal.   Rep.   Cit.     Subd.    1—145,    471.     Subd.    2—145,   471; 
145,  473.     Subd.  3—145,  471;   145,  473. 

§  2269.  Salary.  His  annual  salary  must  not  exceed 
three  thousand  dollars.     En.  March  12,  1872. 

§  2270.     Bond.     He  must  execute  an  official  bond  in  the 
sum  of  five  thousand  dollars.     En.  March  12,  1872. 
Official  bonds:    Ante,  sees.  947  et  seq. 

ARTICLE  IV. 

TREASURER. 

§  2280.     Duties   of. 
§  2281.     Salaiy. 
§  2282.     Bond, 

§  2280.     Duties  of.     It  is  the  duty  of  the  treasurer: 

1.  To  act  as  secretary  of  the  board  of  directors. 

2.  To  keep  the  accounts  of  the  board  and  of  the  re- 
ceipts, expenditures,  assets,  and  liabilities  of  the  asylum. 

3.  To  report  quarterly  to  the  board  a  statement  under 
oath  of  the  receipts  and  expenditures  of  the  preceding 
quarter. 

4.  To  perform  such  other  duties  as  may  be  required  of 
him  by  the  by-laws  or  board  of  directors.  En.  March  12, 
1872. 

§  2281.  Salary.  The  annual  salary  of  the  treasurer  shall 
not  exceed  twelve  hundred  dollars,  and  shall  be  fixed  by 
the  board  of  directors.    En.  March  12,  1872.    Am'd.  1891.  3. 

§  2282.  Bond.  He  must  execute  an  official  bond  in  the 
sum  of  ten  thousand   dollars.     En.   March   12,   1872. 

CHAPTER  III. 

STATE    LIBRARY. 

§  2292.  Board    of    trustees,    and   term    of   office   of. 

§  2293.  General    powers    and    duties    of    board. 

§  2294.  Term   of    office    of    librarian. 

§  2295.  General    duties    of    librarian. 

8  2296.  Who    may    take    books. 

I  2297.  Books    taken    by    members    of    legislature 

8  22;;8.  Books    taken   by   state   offlcers. 

8  2299.  Lliibllily   for   injury   to   books. 

I  2300.  Library    fund. 

I  2301.  Library,    time   to   be   kept  open. 

§  2302.  Salary   of   librarian. 

§  2303.  Salary   of  deputies 

5  2301.  Bond    of   llbiarlan. 

§  23iir).  When    this  cliapter   takes   effect. 

§  2292.  Board  of  trustees,  and  terms  of  office  of.  The 
state  library  Is  under  the  control  of  a  board  of  trustees, 


529  STATE    LIBRARY.  59  2293,  2294 

consisting  of  five  members,  holding  their  offices  for  the 
term  of  four  years,  and  appointed  by  the  governor  in  the 
following  manner,  to  wit: 

Three  trustees  shall  be  appointed  for  the  full  term  of 
four  years,  from  and  after  the  twenty-eighth  day  of  Feb- 
ruary, nineteen  hundred  and  two;  and  two  trustees  shall 
be  appointed  for  the  term  of  two  years  from  and  after  said 
date.  At  the  expiration  of  the  terms  of  office  of  the 
trustees  appointed  as  above  provided,  their  successors 
shall  thereafter  be  appointed  for  the  full  term  of  four 
years.  Appointments  to  fill  vacancies  caused  by  death, 
resignation,  or  removal  shall  be  for  the  unexpired  term 
only.     En.  March  12,  1872.     Am'd.  1899,  30. 

Cal.  Rep.  Cit.     80,  233. 

San  Francisco  law  library:  Stats.  1870,  p.  235;  Stats. 
1880,  p.  194. 

§  2293.  General  powers  and  duties  of  board.  The 
powers  and  duties  of  the  board  are  as  follows: 

1.  To  make  rules  and  regulations,  not  inconsistent  with 
law,  for  its  government  and  for  the  government  of  the 
library ; 

2.  To  appoint  a  librarian,  who  must  designate  one  of  his 
deputies  as  chief  deputy; 

3.  Whenever  necessary,  to  authorize  the  librarian  to 
appoint  an  additional  deputy  and  other  assistants; 

4.  To  sell  or  exchange  duplicate  copies  of  books; 

5.  To  keep  in  order  and  repair  the  books  and  property 
in  the  library; 

6.  To  draw  from  the  state  treasury,  at  any  time,  all 
moneys  therein  belonging  to  the  library  fund; 

7.  To  prescribe  rules  and  regulations  permitting  per- 
sons other  than  those  named  in  section  twenty-two  hun- 
dred and  ninety-six,  to  have  the  use  of  books  from  the  li- 
brary; 

8.  To  collect  and  preserve  statistics  and  other  informa- 
tion pertaining  to  libraries,  which  shall  be  available  to 
other  public  libraries  within  the  state  applying  for  the 
same; 

9.  To  make  to  the  governor,  biennially,  a  report  of  its 
transactions.  En.  March  12,  1872.  Am'd.  1899,  30;  1903, 
81. 

§  2294.  Term  of  office  of  librarian.  The  librarian  holds 
his  office  for  the  term  of  four  years,  unless  sooner  removed 

Pol.  Code— 34 


§§  2295-2297  STATE   LIBRARY.  6» 

by  a  unanimous  vote  of  all  the  trustees.     En.  March  12, 
1872. 

§  2295.  General  duties  of  librarian.  It  is  the  duty  of  the 
librarian: 

1.  To  be  in  attendance  at  the  library  during  office 
hours. 

2.  To  act  as  secretary  of  the  board  of  trustees,  and 
keep  a  record  of  their  proceedings. 

3.  To  purchase  boolts,  maps,  engravings,  paintings  and 
furniture  for  the  library. 

4.  To  number  and  stamp  all  books  and  maps  belonging 
to  the  library,  and   to  keep  a  catalogue   thereof. 

5.  To  have  bound  all  books  and  papers  that  require 
binding. 

6.  To  keep  a  register  of  all  books  and  property  added 
to  the  library,  and  of  the  cost  thereof. 

7.  To  keep  a  register  of  all  books  taken  from  the  li- 
brary. 

8.  To  distribute  to  the  state  university,  to  the  Leland 
Stanford  Jr.  University,  to  each  incorporated  college  in 
the  state,  to  each  public  library  therein,  and  to  such  other 
literary  and  scientific  institutions  therein  as  his  judg- 
ment may  dictate,,  one  copy  each  of  all  official  state  publi- 
cations, including  the  laws,  journals  and  appendices  of 
the  legislature,  and  to  establish  and  maintain  with  similar 
public  institutions  of  the  general  government,  the  other 
states,  and  foreign  countries,  a  system  of  exchange  of 
such  state  publications  for  like  official  publications  and 
other  valuable  works.  The  state  librarian  is  empowered  to 
make  requisition  upon  the  secretary  of  state  for  a  sufficient 
number  of  such  state  publications,  to  enable  him  to  carry 
out  the  requirements  of  this  subdivision.  En.  March  12, 
1872.     Am'd.   1873-4,   37;    1903,  82. 

Cabinet  department  in  state  library:  Stats.  1872,  p.  824. 
Transferred  to  Crocker  art  gallery:  Stats.  1887,  p.  74. 
Transfer  of  mineralogical  specimens  to  mining  bureau: 
Senate  concurrent  resolutions  No.  10,  in  Stats.  1881,  p.  103. 

§  2296.  Who  may  take  books.  Books  may  be  taken 
from  the  library  by  the  members  of  the  legislature  during 
the  sessions  thereof,  and  by  other  state  officers  at  any 
time.     En.  March  12,  1872. 

§  2297.  Books  taken  by  members  of  legislature.  Books 
taken  by  members  of  the  legislature  must  be  returned  at 
the  close  of  the  session;  and  before  the  controller  draws 


531  STATE   LIBRARY.  SS  2238-2300 

his  warrant  in  favor  of  any  member  of  the  legislature  for 
his  last  week's  salary,  he  must  be  satisfied  that  such 
member  has  returned  all  books  taken  by  him  and  paid  for 
any  injuries  thereto.     En.  March  12,  1872. 

§  2298.  Books  taken  by  state  officers.  The  controller, 
when  notified  by  the  state  librarian  that  any  officer  or 
employee  of  the  state  for  whom  he  draws  a  warrant  for 
salary  has  failed  to  return  any  book  taken  by  him  (or  for 
which  he  has  given  an  order)  within  the  time  prescribed 
by  the  rules,  or  the  time  within  which  it  was  agreed  to  be 
returned,  and  which  notice  shall  give  the  value  thereof, 
must,  after  first  informing  said  officer  or  employee  of  such 
notice,  upon  failure  by  him  to  return  the  said  book,  de- 
duct from  the  warrant  for  the  salary  of  said  officer  or 
employee,  twice  the  value  of  such  book,  and  place  the 
amount  so  deducted  in  the  state  library  fund.  In  case  of 
the  neglect  or  refusal  on  the  part  of  any  officer  or  employee 
of  the  state  to  return  a  book  for  which  he  has  given  an 
order  or  a  receipt  or  has  in  his  possession,  the  state 
librarian  is  authorized  to  purchase  for  the  library  a  dupli- 
cate of  said  book,  and  to  notify  the  controller  of  such 
purchase,  together  with  the  cost  of  the  same.  Upon  the 
receipt  of  such  notice  from  the  librarian,  the  controller 
must  deduct  twice  the  cost  of  said  duplicate  book  from 
the  warrant  for  the  salary  of  said  officer  or  employee,  and 
place  the  amount  so  deducted  in  the  state  library  fund. 
The  state  librarian  is  empowered  to  bring  suit  in  his  of- 
ficial capacity  for  the  recovery  of  any  book  or  books,  or 
for  three  times  the  value  thereof,  together  with  costs  of 
suit,  against  any  person  having  the  same  in  his  possession 
or  being  responsible  therefor.  In  case  the  librarian  has 
purchased  a  duplicate  of  any  book  as  provided  in  this 
chapter,  he  is  authorized  to  bring  suit  as  aforesaid  for 
three  times  the  amount  so  expended  for  said  duplicate, 
together  with  costs  of  suit.  En.  March  12,  1872.  Am'd. 
1899,  30;   1903,  82. 

§  2299.  Liability  for  Injury  to  books.  Every  person  who 
injures  or  fails  to  return  any  book  taken  is  liable  to  the 
librarian  in  three  times  the  value  thereof.  En.  March  12, 
1872. 

§  2300.  Library  fund.  The  state  library  fund  consists 
of  the  fees  collected  and  paid  into  the  state  treasury  by 
the  secretary  of  state  and  surveyor-general.  En.  March 
12,  1872.     Am'd.  1873-4,  38. 


§§  2301-2315  SUPREME   COURT   LIBRARY.  632 

§  2301.  Library,  time  to  be  kept  open.  During  the  ses- 
sion of  the  legislature  and  of  the  supreme  court,  the 
library  must  be  kept  ppen  every  day  from  nine  o'clock 
A.  M.  until  nine  o'clock  P.  M.,  and  at  other  times  during 
such  hours  as  the  trustees  may  direct.  En.  March  12, 
1872. 

§  2302.  Salary  of  librarian.  The  annual  salary  of  the 
librarian  is  three  thousand  dollars.    En.  March  12,  1872. 

§  2303.  Salary  of  deputies.  The  annual  salary  of  each 
deputy  is  eighteen  hundred  dollars.    En.  March  12,  1872. 

§  2304.  Bond  of  librarian.  The  librarian  must  execute 
an  official  bond  in  the  sum  of  three  thousand  dollars.  En. 
March  12,  1872. 

Oflacial  bonds:   Sees.  947  et  seq. 

§  2305.  When  this  chapter  takes  effect.  This  chapter 
shall  be  in  force  and  effect  from  and  after  the  first  day  of 
May,  eighteen  hundred  and  seventy-two.  En.  March  12, 
1872. 

CHAPTER  rV. 

SUPREME   COURT   L-IBRART. 

§  2313.  Who  may  use. 

§  2314.  Librarian,    duties    and    salary. 

§  2315.  Who   may    talie  books. 

§  2316.  Fund    for   support   of. 

§  2313.  Who  may  use.  This  library  is  for  the  use  of 
the  justices  and  counselors-at-law  of  the  supreme  court. 
En.  March  12,  1872. 

§  2314.  Librarian,  duties  and  salary.  The  justices  of 
the  supreme  court  are  hereby  authorized  to  appoint  a 
librarian  for  the  supreme  court  library,  who,  under  their 
direction,  shall  conduct  its  affairs  and  be  responsible  for 
its  care.  He  shall  receive  the  salary  provided  for  in 
section  seven  hundred  and  thirty-nine  of  this  code.  En. 
March  12,  1872.     Am'd.  1897,  209. 

§  2315.  Who  may  take  books.  Books  may  be  taken 
from  this  library  by  the  justices  of  the  supreme  court.  At 
the  request  of  a  counselor  of  the  court,  the  bailiff  must 
take  from  the  library  to  the  courtroom  books  for  use  in 
the  argument  of  any  case.    En.  March  12,  1872. 


533  OTHER   PUBLIC   INSTITUTIONS.  §§  2316-2328 

§  2316.  Fund  for  support  of.  The  supreme  court  li- 
brary fund  consists  of  fees  collected  by  the  clerk  of  the 
court,  as  provided  in  section  753  of  this  code,  and  is 
under  the  control  of  the  court.  Upon  its  order  the  con- 
troller must,  without  the  approval  of  any  board,  draw 
his  warrant  upon  the  treasurer  for  the  amount  specified, 
and  in  favor  of  the  person  designated  in  such  order,  which 
warrant  must  be  paid  out  of  such  fund.  En.  March  12, 
1872. 

CHAPTER  V. 

OTHER    PUBLIC    INSTITUTIONS. 

§  2326.     State    agricultural    society. 

§  2327.     University   of  California,   normal   school. 

g  2328.     State    prison. 

§  2326.  State  agricultural  society.  The  powers,  duties, 
privileges,  and  rights  of  the  California  state  agricultural 
society  are  fixed  by  "An  act  to  incorporate  the  state 
agricultural  society,  and  to  appropriate  money  for  its 
support."  approved  May  thirteenth,  eighteen  hundred  and 
fifty-four,  and  the  acts  supplemental  thereto,  approved 
March  twelfth,  eighteen  hundred  and  sixty-three,  and 
April  thirteenth,  eighteen  hundred  and  sixty-three.  En. 
March  12,  1872. 

Board  of  agriculture:   See  ante,  sec.  705. 

See   also  General  Laws,  title  Agriculture. 

Agricultural  fair  corporations:    Civ.  Code,  sees.  620-622. 

Horticulture:  See  General  Laws,  title  Horticulture. 

§  2327.  University  of  California,  normal  school.  The 
control  and  management  of  the  university  of  California 
and  the  state  normal  school  are  provided  for  in  title  III, 
of  part  III,  of  this  code.     En.  March  12,  1872. 

University   of  California:    Ante,   sees.   1385-1477. 

State  normal  school:  Ante,  sees.  1487-1507. 

§  2328.  State  prison.  The  control  and  management  of 
the  state  prison  is  provided  for  in  part  III  of  the  Penal 
Code.    En.  March  12,  1872. 

State  prison,  acts  relating  to:  See  Pen.  Code,  Appendix, 
title  State  Prisons. 


§  2348  PUBLIC    WATERS.  634 

TITLE  VI. 

PUBLIC  WAYS. 

Chapter  I.  Public  Waters,  §§  2348-2608. 

II.  Highways,    §§   2618-2772. 

III.  Toll  Roads,   §§   2779-2832. 

IV.  Toll  Bridges  and  Ferries,  §§  2843-2895. 

V.     Wharves,   Chutes,  and  Piers,   §§  2906-2921. 
VI.     Miscellaneous   Provisions   Relating    to    Public 
Ways,  §§   2931-2938. 

CHAPTER  I. 

PUBLIC    WATERS. 

Article    I.  General    Provisions    Respecting    Public    Waters,    §§    2348-2351. 

II.  Navigation,     §§     2360-2379. 

III.  Floating   Lumber,    §§    2389-2393. 

IV.  \A'iecks    and    Wrecked    Property,     §§    2403-2418. 
V.  Pilots    and    Pilot    Commissioners,    §§    2429-2447. 

VI.     Pilot     Regulations    for    San    Francisco,     Benicla,     and    Mare 

Island,     §§    2157-2470. 
VII.     Pilot    Regulations   for   Humboldt   Bay   and   Bar,    §§    2476-2491. 
VIII.     Port    Wardens,     §§    2501-2511. 
IX.     San     Francisco    Harbor    and     State     Harbor    Commlsslonera. 
§§     2520-25.54. 
X.     Harbor    Commissioners   for   Port    of   Eureka,    §§    2567-2572. 
XI.     Haibor    Commissioners    for   Bay    of    San    Diego,    §§    2575-2608. 


ARTICLE  I. 

GENER.^L   PROVISIONS   RESPECTING   PUBLIC  WATERS   AND   OB- 
STRUCTIONS   THEREIN. 

§  2348.    What   waters  are  public   ways. 

§  2349.    Certain    streams   and    waters   declared    navigable,    and    are   pub- 
lic   ways. 
§  2350.     Penalty   for   felling  trees   into  public    waters. 
§  2351.    Napa    creeks    declared   navigable. 

§  2348.  What  waters  are  public  ways.  Navigable  wa- 
ters and  all  streams  of  sufficient  capacity  to  transport  the 
products  of  the  country  are  public  ways  for  the  purposes 
of  navigation  and  of  such  transportation.  En.  March  12, 
1872. 

Cal.  Rep.  Clt.      67,  545. 

Navigable  water?,  frontages  on,  subject  to  right  of 
eminent  domain:  Const.  Cal.,  art.  XV,  sec.  1.  Prohibi- 
tion againdt  obstruction:  Const.  Cal.,  art.  XV,  sec.  2. 


635  PUBLIC    WATERS.  9  2349 

Navigable  stream,  obstructing  is  misdemeanor:  Pen. 
Code,  sec.  611. 

Bridges  across  navigable  streams  and  other  waters: 
Stats.  1881,  p.  76.  As  to  repairing  and  constructing:  Stats. 
1897,  p.  21. 

Towpaths  along  banks  of  navigable  streams,  authorized: 
Stats.  1872,  p.  940. 

Watercourses  as  boundaries:   See  Civ.  Code,  sec.  830. 

Improving  streams  not  navigable:   Sec.  4085,  post. 

Declaring  streams  innavigable  for  floating  lumber:  See 
General  Laws,  title  Waters. 

Appointment  of  examining  commission  on  rivers  and 
harbors:   See  General  Laws,  title  Waters. 

§  2349.  Certain  streams  and  waters  declared  navigable, 
and  are  public  ways.  The  following  streams  and  waters 
are  declared  public  ways:  So  much  of  a  slough  as  lies 
between  Simons  Canal,  in  the  town  of  Alviso,  and  the 
bay  of  San  Francisco;  Petaluma  River,  from  its  mouth  to 
the  southerly  line  of  Washington  Street,  in  the  city  of 
Petaluma;  the  Sonoma  River,  between  its  mouth  and  a 
point  opposite  Fowler's  Hotel,  in  the  town  of  San  Luis; 
the  Napa  River,  between  its  mouth  and  the  toll-bridge;  the 
Suisun  River,  between  its  mouth  and  the  town  of  Suisun 
embarcadero;  the  Sacramento  River,  between  its  mouth 
and  the  mouth  of  Middle  Creek;  the  Feather  River,  be- 
tween its  mouth  and  a  point  fifty  feet  below  the  bridge 
crossing  Feather  River  first  above  the  mouth  of  the 
Yuba  River;  the  Yuba  River,  between  its  mouth  and  a 
point  at  the  mouth  of  the  slough  at  the  foot  of  F  Street, 
in  the  city  of  Marysville;  the  San  Joaquin  River,  between 
its  mouth  and  Sycamore  Point;  the  Stockton  Slough, 
between  its  mouth  and  the  west  line  of  El  Dorado 
Street  in  Stockton;  the  Mokelumne  River,  between  it3 
mouth  and  the  first  falls;  the  Tuolumne  River,  between 
its  mouth  and  Dickinson's  Ferry;  Deer  Creek,  between  the 
house  of  Peter  Lassen  and  its  mouth;  Big  River,  three 
miles  from  its  mouth;  Noyo  River,  three  miles  from  its 
mouth;  Albion  River,  three  miles  from  its  mouth;  San 
Antonio  Creek,  in  the  county-  of  Alameda,  from  its  mouth 
to  the  old  embarcadero  of  San  Antonio;  the  Arroyo  del 
Medo,  in  the  county  of  Santa  Clara,  from  its  mouth  to 
the  upper  line  of  the  town  of  New  Haven;  Mission  Creek, 
in  the  county  of  San  Francisco;  that  portion  of  Channel 


§  2350  PUBLIC   "WATERS.  636 

Street  in  the  city  of  San  Francisco,  and  lying  east  of 
and  between  tlie  easterly  line  of  Harrison  Street  and  the 
water-front  of  the  bay  of  San  Francisco,  the  wiJth  thereof 
to  be  sixty  feet  from  Harrison  to  the  northeasterly  line 
of  Seventh  Street,  and  one  hundred  and  forty  feet  from  the 
northeasterly  line  of  Seventh  to  the  city  front;  that  cer- 
tain creek  running  through  tide-land  survey  numbered 
sixty-eight,  and  swamp  and  overflowed  land  survey  num- 
bered one  hundred  and  forty-five,  from  its  mouth  to  the 
head  of  tide-water  therein;  San  Leandro  Creek,  from  its 
mouth  at  San  Francisco  Bay  to  Andrews'  Landing;  San  Lo- 
renzo Creek,  from  its  mouth  at  San  Francisco  Bay  to  Rob- 
erts's Landing;  Johnson's  Creek,  from  its  mouth  at  San 
Francisco  Bay  to  Simpson's  Landing;  the  north  branch  of 
Alameda  Creek,  from  its  mouth  to  Eden  Landing;  San 
Rafael  and  Corte  Madera  Creeks,  in  Maria  County,  from 
their  mouths  as  far  up  as  tide-water  flows  therein;  the 
Neuces  Creek,  from  its  mouth  at  Suisun  Bay  to  a  point  one 
half  mile  above  the  warehouse  of  George  P.  Loucks;  Di- 
ablo Creek,  from  its  junction  with  the  Neuces,  to  a  point 
opposite  the  warehouse  of  Frank  Such,  in  Contra  Costa 
County;  the  Arroyo  de  San  Antonio,  or  Keys  Creek,  in 
Marin  County,  from  its  mouth  at  Tomales  Bay  to  the 
warehouses  on  the  point  at  Keys  embarcadero;  all  the 
streams  and  sloughs  emptying  into  Elk  River;  and  all 
streams  and  sloughs  south  of  Eureka,  in  Humboldt  Coun- 
ty, which  are  now  or  at  any  time  have  been  used  for  the 
purpose  of  floating  logs  or  timber,  and  all  the  sloughs 
south  of  Humboldt  Point,  in  said  county,  that  at  high 
water  have  a  depth  of  two  feet  of  water,  and  wide  enough 
to  float  and  admit. a  boat  carrying  five  tons  or  more 
freight;  Novato  Creek,  or  estuary,  in  Marin  County,  from 
its  mouth  to  Sweelzer's  Landing;  Salinas  River  and  Elk- 
horn  Slough,  or  Estero  Vlejo,  in  Monterey  County,  from 
its  mouth  as  far  up  as  tide-water  flows.  En.  March  12, 
1872.     Ara'd.   1885,   220;    1891,   96. 

Cal.  Rep.  Cit.     79,  350;   107,  223;   123,  180. 

Acts  declaring  streams  navigable:  See  General  Laws, 
title  Waters. 

§  2350.  Penalty  for  felling  trees  into  public  waters. 
Whoever  cuts  or  causes  to  be  cut  down  any  tree  so 
that  it  fall.s  into  any  stream  or  other  waters  declared 
by  statute  to  be  a  public  way,  and  does  not  remove  it 
therefrom   within   twenty-four  hours   thereafter,   is   liable 


537  PUBLIC  WATERS.  §5  2351-2361 

to  a  penalty  of  five  dollars  for  each  tree.    En.  March  12, 
1872. 

Malicious  injuries  to  public  highways,  private  ways  and 
bridges  upon  either,  punishment  for:   Pen.  Code,  sec.  588. 

Causing  obstruction  to  harbor  by  throwing  ballast  over- 
board, or  otherwise,  is  misdemeanor:  Pen.  Code,  sec. 
613. 

§  2351.  Napa  creeks  declared  navigable.  The  streams 
known  as  First  Napa  Creek,  Second  Napa  Creek,  and 
Third  Napa  Creek,  in  the  county  of  Sonoma,  and  between 
the  Napa  and  Sonoma  rivers,  in  the  county  of  Sonoma, 
are  hereby  declared  navigable  waters  of  the  state,  in 
pursuance  of  title  sixth,  chapter  one,  article  one,  of  part 
three  of  said  code.     En.  Stats.  1877-8,  45. 

ARTICLE  II. 

NAVIGATION. 

§  2360.  Steamers   meeting. 

§  2361.  Landing   and    receiving   passengers   by   smaU   boat. 

§  2362.  Lines   used   for   larding   not   to  be   drawn  by   machinery. 

§  2363.  The   engine   to   be   stopped. 

§  2364.  Boats,    oars,    and    signals. 

§  2365.  Steamers    overtaking. 

§  2366.  Steamers   to   carry   signals   at   night. 

§  2367.  Penalties,    what  amount. 

§  2368.  Vessels    at    anchor    to    show   lights. 

§  2369.  No    recovery    for   collision    in    case   of   neglect. 

§  2370.  Rafts   on    the    Sacramento   and   San   Joaquin    rivers. 

§  2371.  Vessels    to    carry    what   boats. 

§  2372.  Penalty,     what    amount. 

§  2373.  Racing,    penalty   for. 

§  2374.  Steamboats   to   wear   spark  catchers. 

§  237.5.  Inspectors   to   supervise   and   direct   spark   catchers. 

§  2376.  Compensation    of   inspectors. 

§  2377.  Neglect   of   duty    and   penalty   therefor. 

§  2378.  Owner   liable   for  master's   or  engineer's   penalties. 

§  2379.  Penalties,    how   recovered. 

§  2360.  Steamers  meeting.  When  steamers  meet  each 
must  turn  to  the  right,  so  as  to  pass  without  interference 
En.  March  12,  1872. 

Rules  of  navigation,  collisions,  etc.:  Civ.  Code  sec 
970-973. 

Actions  against  steamers,  vessels,  and  boats:  Code  Civ. 
Proc,  sees.  813-827. 

§  2361.  Landing  and  receiving  passengers  by  small  boat. 
When  a  passenger  is  to  be  landed  from  a   steamer  by 


§§  2362-2367  PUBUC   WATERS.  «■ 

means  of  a  small  boat,  he  must  not  be  suffered  to  get 
into  it  until  it  is  completely  afloat  and  wholly  disengaged 
from  tlie  steamer,  except  by  the  painter.  En.  March  12, 
1872. 

§  2362.  Lines  used  for  landing  not  to  be  drawn  by  ma- 
chinery. No  line  used  for  the  purpose  of  landing  or  re- 
ceiving passengers  must  be  attached  in  any  way  to  the 
machinery  of  any  steamer,  nor  must  the  small  boat  used 
for  such  purpose  be  hauled  in  by  means  of  such  machinery. 
En.  March  12,  1872. 

§  2363.  The  engine  to  be  stopped.  During  the  landing 
and  receiving  of  a  passenger,  and  the  going  and  returning 
of  the  small  boat  for  the  purpose,  the  engine  must  be 
stopped,  and  must  not  be  put  in  motion  except  to  give 
sufficient  force  to  keep  the  steamer  in  a  proper  direction 
and  safe  position.    En.  March  12,  1872. 

§  2364.  Boats,  cars,  and  signals.  In  every  small  boat 
there  must  be  kept  a  good  and  suitable  pair  of  oars;  and 
in  the  night-time  a  signal,  by  means  of  a  horn  or  trumpet, 
must  be  given  to  the  steamer  from  the  small  boat,  when, 
having  landed  or  received  its  passengers,  it  is  ready  to 
leave  the  shore.    En.  March  12,  1872. 

§  2365.  Steamers  overtaking.  A  steamer  going  in  the 
same  direction  with  another  steamer  ahead  of  it  must 
not  approach  or  pass  the  other  within  the  distance  of  ten 
yards;  and  the  steamer  ahead  must  not  be  so  navigated 
as  unnecessarily  to  bring  it  within  ten  yards  of  the 
steamer  following.     En.  March  12,  1872. 

§  2366.  Steamers  to  carry  signals  at  night  When  any 
steamer  is  running  in  the  night-time  her  master  must 
cause  her  to  carry  two  conspicuous  lights;  one  exposed 
near  her  bow  and  the  other  near  her  stern;  the  latter  must 
be  at  least  twenty  feet  above  her  deck,  EJn.  March  12, 
1872. 

§  2367.  Penalties,  what  amount.  Every  master  or  other 
person  In  charge  who  violates  any  of  the  provisions  of  the 
preceding  seven  sections,  incurs  a  penalty  of  two  hun- 
dred and  fifty  dollars  for  each  offense.  En.  March  12, 
1872. 


539  PUBLIC   WATBJRS.  SS  2368-2373 

§  2368.  Vessels  at  anchor  to  show  lights.  When  any 
vessel  is  at  anchor  in  the  night-time,  in  any  of  the  har- 
bors or  ports  within  the  jurisdiction  of  this  state,  the 
master  or  other  person  at  the  time  in  the  charge  of  the 
vessel  must  cause  a  conspicuous  light  shown  in  her  rig- 
ging at  least  twenty  feet  above  her  deck,  and  another 
light  from  her  taffrail,  under  penalty  of  fifty  dollars  for  ev- 
ery neglect.     En.  March  12,  1872. 

§  2369.  No  recovery  for  collision  in  case  of  neglect. 
Neither  the  master  or  owner  of  any  vessel  can  recover 
damages  for  injuries  to  the  same  or  to  himself  by  a 
collision  growing  out  of  a  non-compliance  upon  its  part 
with  the  provisions  of  the  preceding  six  sections.  En. 
March  12,  1872. 

Collisions:  Civ.  Code,  sees.  970-973. 

§  2370.  Rafts  on  the  Sacramento  and  San  Joaquin 
rivers.  Every  raft  of  timber  floated  on  the  Sacramento 
or  San  Joaquin  rivers  at  night  must  show  two  red  lights, 
one  at  each  end,  and  at  least  ten  feet  above  the  upper 
logs  or  plank  of  such  raft,  under  penalty  of  fifty  dollars 
for  every  neglect.     En.  March  12,  1872. 

§  2371.  Vessels  to  carry  what  boats.  Every  vessel 
propelled  by  steam,  navigating  any  waters  of  this  state 
and  carrying  passengers,  must  be  provided  with  boats 
as  follows: 

1.  If  of  five  hundred  tons  measurement,  one  first-class 
life  boat;  one  row  boat,  twenty-five  feet  long  by  seven 
wide,  capable  of  carrying  fifty  persons  each;  and  at  least 
one  otlier  good  row  boat. 

2.  If  of  two  hundred  and  fifty  and  less  than  five  hun- 
dred tons  measurement,  at  least  two  ordinary  row  boats. 

3.  If  of  less  than  two  hundred  and  fifty  tons  burden, 
at  least  one  small  iow  boat. 

All  which  boats  must  be  attached  in  such  manner  that 
they  can  be  launched  at  any  time  for  immediate  use.  En. 
March  12,  1872. 

§  2372.  Penalty,  what  amount.  The  master  and  own- 
ers and  each  of  them,  of  any  vessel  not  provided  with 
boats  as  required  in  the  preceding  section,  are  subject  to  a 
penalty  of  not  exceeding  two  hundred  and  fifty  dollars. 
En.   March   12,   1872. 

18 


§§  2373-2378  PUBLIC    "WATERS.  540 

§  2373.  Racing,  penalty  for.  If  the  master  or  other 
person  in  charge  of  a  steamer  navigating  any  of  the 
waters  of  this  state  and  used  for  the  conveyance  of  pas- 
sengers, or  if  the  engineer  or  other  person  in  charge  of 
the  boiler  or  other  apparatus  for  the  generation  of  steam 
does,  for  the  purpose  of  increasing  speed  or  excelling  any 
other  vessel  in  speed,  suffer  to  be  created  an  undue  or  an 
unsafe  quantity  of  steam,  he  is  subject  to  a  penalty  of  five 
hundred   dollars.     En.   March  12,  1872. 

§  2374.  Steamboats  to  wear  spark  catchers.  All  high 
pressure  steamboats  navigating  the  Sacramento  and  San 
Joaquin  rivers,  or  any  of  their  tributaries  above  the  mouth 
of  the  San  Joaquin  River  or  the  city  of  Sacramento,  must 
have  securely  attached  to  their  chimneys  metal  bonnets 
or  spark  catchers.    En.  March  12,  1872. 

§  2375.  Inspectors  to  supervise  and  direct  spark  catch- 
ers. All  such  bonnets  or  spark  catchers  must  be  con- 
structed under  the  direction  and  supervision  of  the  United 
States  inspectors  of  steamboats  for  the  district  of  San 
Francisco.     En.   March   12,  1872. 

§  2376.  Compensation  of  inspectors.  For  each  bonnet 
or  spark  catcher  worn  by  any  steamboat  inspected  or 
constructed  under  the  direction  of  and  certified  to  by 
the  inspector,  he  may  receive  from  the  owner  thereof 
ten  dollars  as  a  compensation  for  his  services  for  such 
direction,  supervision,  or  inspection  and  certificate.  En. 
March  12,  1872; 

§  2377.  Neglect  of  duty  and  penalty  therefor.  Every 
owner  or  master  who  navigates  a  steamboat  without  bon- 
nets or  spark  catchers  inspected  and  attached  as  required 
by  the  preceding  three  sections,  is  subject  to  a  penalty  of 
twenty  dollars  for  each  day  he  navigates  his  boat  without 
the  same.  The  owner  of  such  boat  is  further  liable  for 
all  damage  done  by  reason  of  such  neglect.  En.  March 
12,  1872. 

§  2378.  Owner  liable  for  master's  or  engineer's  penal- 
ties. The  owners  of  every  steamboat  are  responsible  for 
the  good  conduct  of  the  master  or  other  person  in  charge 
employed  by  them,  and  they  are  jointly  and  severally 
liable  for  any  penalty  Incurred  by  the  master,  engineer, 


641  PUBLIC   WATERS.  SS  2379-2390 

or  Other  person  in  charge,  which  cannot  be  collected  from 
him  by  due  course  of  law,  as  if  they  were  his  sureties. 
En.  March  12,  1872. 

§  2379.  Penalties,  how  recovered.  The  penalties  given 
by  this  article  may  be  recovered  by  the  district  attorney 
of  any  county  bordering  on  the  water  where  the  offense 
was  committed  or  the  penalty  incurred,  to  whom  notice 
is  first  given,  and  when  recovered  are  to  be  equally  di- 
vided between  the  common  school  and  indigent  sick  fund 
of  the  county  whose  distinct  attorney  recovers  the  same. 
Any  judgment  recovered  hereunder  is  a  lien  on  the  ves- 
sel against  whose  owners  or  master  it  is  recovered.  En. 
March  12,  1872. 


ARTICLE  III. 

FLOATING   LUMBER. 

§  2389.  Definition   of  lumber. 

§  2390.  Owner  may   reclaim  lumber. 

§  2391.  If   not   taken    away    to    be    turned    over   to   sheriff. 

§  2392.  Application    of    proceeds    when    sold. 

§  2.393.  Subsequent    disposition    of    proceeds. 

§  2389.  Definition  of  lumber.  The  word  "lumber"  is 
used  in  this  article  to  designate  all  timber,  whether  in 
logs,  boards,  planks,  or  beams,  and  whether  in  rafts  or 
otherwise,  but  does  not  include  the  sort  of  wood  commonly 
called  driftwood.     En.   March  12,  1872. 

Declaring  streams  innavigable  for  floating  lumber:  See 
General  Laws,  title  Waters. 

§  2390.  Owner  may  reclaim  lumber.  Whatever  any 
lumber  drifts  upon  any  islanci  in  any  of  the  waters  of  this 
state,  or  upon  the  bank  of  any  such  waters,  the  owner  of 
the  lumber  may  remove  it  on  payment  or  tendering  to 
the  owner  or  occupant  of  the  land  the  amount  of  the 
damages  which  he  has  sustained  by  reason  thereof,  and 
which  may  accrue  in  its  removal;  and  if  the  parties  can- 
not agree  as  to  the  amount  of  such  damages,  either  party 
may  have  the  same  appraised  by  two  disinterested  citizens 
of  the  county,  who  may  hear  proofs  and  determine  the 
same  at  the  expense  of  the  owner  of  the  lumber.  En. 
March  12,  1872.     Cal.  Rep.  Cit.     53,  22. 


§§  2391-2393  PUBLIC   WATERS.  142 

§  2391.     If  not  taken  away  to  be  turned  over  to  sheriff. 

If  the  owner  of  such  lumber  does  not,  within  three  months 
from  the  time  it  was  so  drifted,  take  the  same  away,  the 
owner  or  occupant  of  the  land  must  deliver  a  bill  of  his 
charges  and  appraisement  of  damages,  together  with  the 
-  lumber,  to  the  sheriff  of  the  county,  and  thereafter  the 
sheriff  must  dispose  of  the  same  as  is  required  by  article 
IV  of  this  chapter  with  regard  to  wrecked  perishable 
property.     En.  March  12,  1872. 

§  2392.  Application  of  proceeds  when  sold.  When  sold, 
the  proceeds  of  the  lumber  must  be  applied,  first,  to  the 
payment  of  the  charges  of  sale,  and  in  liquidation  of 
the  expenses  and  damages  awarded  to  the  person  entitled 
thereto;  and  the  residue  must  be  paid  to  the  county 
treasurer,  to  be  by  him  paid  over  to  the  owner,  or  his  rep- 
resentatives or  assigns,  on  the  production  of  satisfactorj' 
proof  of  ownership  to  the  judge  of  the  superior  court  of 
the  county,  and  on  his  order  therefor,  made  within  one 
year  after  its  receipt.    En.  March  12,  1872.     Am'd.  1880,  21. 

§  2393.  Subsequent  disposition  of  proceeds.  The  re- 
jection by  the  judge  of  any  claimant's  right  to  such  pro- 
ceeds is  conclusive,  unless  within  six  months  thereafter 
he  commences  action  therefor.  In  case  no  claim  is  made 
or  sustained  to  such  proceeds,  the  same  must,  by  the 
county  treasurer,  be  placed  in  the  common  school  fund 
of  the  county.     En.  March  12,  1872.     Am'd.  1880,  21. 


ARTICLE  IV. 

WRECKS    AND   WRECKED    PROPERTY. 

§  2403.  Duties    of   offlcera   and    citizens. 

§  2404.  Offlceis,    etc.,    entitled    to    salvage.    Salvage   not   to   exceed    ha(i 

value    of    property    savevj. 

§  2405.  Owners    of   wreckeii    property    may    reclaim    It. 

§  2406.  Sheriff    to    keep    possession    until    owner    found. 

§  2407.  Perishable    property. 

§  L'4(W.  Oilier    for   surrender   to   claimant. 

§  2109.  Claimant    to   first   give   bond. 

§  2410.  Action    on    bond. 

§  2411.  Owner    may    sue,    although   claim    rejected. 

§  2412.  Salvage    to    be   stated    in    writing. 

§  24i:!.  Proceedings  to  settle   disputed  claims  to  salvage. 

§  2414.  Costs    of    contest. 

§  241.').  Wrecked   property   not   claimed   to   be   sold. 

I  24i(;.  Notice  of  sale. 

§  2417.  Notice   of   wrecked   property. 

I  24X8.  Expense   of   notice 


543  PUBLIC    WATERS.  S9  2«)3-240fl 

§  2403.  Duties  of  officers  and  citizens.  The  sheriff  In 
each  countj'  must  give  all  possible  aid  and  assistance  to 
vessels  stranded  on  its  coast,  and  to  the  persons  on 
board  the  same,  and  exert  himself  to  save  and  preserve 
such  persons,  vessels,  and  their  cargoes,  and  all  goods 
and  merchandise  which  may  be  cast  by  the  sea  upon  the 
land,  and  to  this  end  may  employ  as  many  persons  as  he 
may  think  proper.  All  citizens  must  aid  the  sheriff  when 
required.     En.  March  12,  1872. 

Wrecl^ed  property  distinguished  from  lost  and  unclaimed 
property:    Sees.  3136-3157. 

§  2404.  Officers,  etc.,  entitled  to  salvage.  Salvage  not 
to  exceed  half  value  of  property  saved.  Sheriffs  and  all 
persons  employed  by  them,  or  aiding  in  the  recovery  and 
preservation  of  wrecked  property,  are  entitled  to  a  reas- 
onable allowance  as  salvage  for  their  services,  and 
to  all  expenses  incurred  by .  them  in  the  performance  of 
such  services,  out  of  the  property  saved;  and  the  officer 
having  the  custody  of  such  property  must  detain  it  until 
the  same  are  paid  or  tendered.  But  the  whole  salvage 
claimed  must  not  exceed  one  half  of  the  value  of  the 
property  or  proceeds  on  which  it  is  charged;  and  every 
agreement,  order,  or  adjustment  allowing  a  greater  sal- 
vage is  void,  unless  ordered  and  allowed  by  the  county 
judge.     En.  March  12,  1872. 

Salvage,  seaman's  right  to:  Civ.  Code,  sees.  2052,  2058, 
2059.  Deduction  for:  Sec.  2060.  To  other  persons  than 
mariners:  Civ.  Code,  sec.  2079.  In  insurance:  Civ.  Code, 
sec.  2725. 

§  2405.     Owners  of    wrecked     property    may   reclaim   it. 

Wrecked  property  may  be  kept  or  reclaimed,  at  the  time 
of  the  wreck,  by  the  owner,  consignee,  or  other  person 
entitled  to  the  possession;  but  if  any  person  has  a  just 
claim  for  salvage  and  necessary  expenses  incurred  in  sav- 
ing it,  he  must  be  paid  before  the  property  is  reclaimed. 
En.  March  12,  1872. 

Detaining  wrecked  property  after  salvage  paid,  punish- 
ment for:   Pen.  Code,  sec.  544. 

§  2406.  Sheriff  to  keep  possession  until  owner  found. 
The  sheriff  of  every  county  in  which  any  wrecked  prop- 
erty is  found,  when    no    owner    or    other    person    entitled 


§§  2407-2409  PUBLIC    WATERS.  644 

to  possession  appears,  must  take  possession  of  it  in  the 
name  of  the  people,  cause  the  value  thereof  to  be  ap- 
praised by  disinterested  persons,  and  keep  it  in  some 
safe  place  to  answer  the  owner's  claims.  En.  March  12, 
1872. 

Unlawfully  taking  or  retaining  possession  of  wrecked 
property,  and  failure  to  deliver  same  to  sheriff  or  notify 
him,  is  misdemeanor:  Pen.  Code,  sec.  545. 

Obligation  of  finder  of  property  in  general:  Civ.  Code, 
sees.  1864  et  seq.,  and  sec.  3136,  post. 

§  2407.  Perishable  property.  If  it  is  in  a  perishable 
state,  the  sheriff  must  apply  to  the  judge  of  the  superior 
court,  upon  a  verified  petition,  for  an  order  authorizing 
him  to  sell  it.  If  the  judge  is  satisfied  that  a  sale  of  the 
property  would  be  beneficial  to  the  parties  interested,  he 
must  make  the  order  applied  for,  and  the  property  must 
then  be  sold  at  public  auction,  at  the  time  and  in  the 
manner  specified  in  the  order;  and  the  proceeds,  deduct- 
ing the  expenses  of  sale,  as  the  same  is  settled  and  al- 
lowed by  such  judge,  must  be  paid  to  the  treasurer  of 
the  county.     En.  March  12.  1872.     Am'd.  1880,  21. 

§  2408.  Order  for  surrender  to  claimant.  If,  within  a 
year  after  the  finding,  any  person  claims  the  property, 
or  its  proceeds,  and  establishes  his  claim  by  evidence 
satisfactory  to  the  judge  of  the  superior  court,  such  judge 
must  make  an  order  directing  the  officer  in  whose  posses- 
sion the  property  or  its  proceeds  may  be,  to  deliver  t'2'- 
same  to  the  claimant,  upon  the  payment  of  a  reasonab  v^ 
salvage  and  the  necessary  expenses  of  preservation.  En. 
March  12,  1872.     Am'd.  1880,  22. 

§  2409.  Claimant  to  first  give  bond.  Before  making 
the  order,  the  judge  must  require  from  the  claimant  a 
bond  to  the  people,  with  one  or  more  sufiicient  sureties, 
to  be  approved  by  the  judge  and  filed  with  the  county 
clerk,  in  a  penalty  double  the  value  of  the  property  of 
proceeds,  conditioned  for  the  payment  of  all  damages  that 
may  be  recovered  against  such  claimant  or  his  representa- 
tives, within  three  years  after  its  date,  by  any  person  es- 
tablishing title  to  the  property  or  proceeds,  liln.  Marcr. 
12,  1872. 


545  PUBLIC   WATERS.  S5  2410-2414 

§  2410.  Action  on  bond.  If  the  bond  becomes  forfeited, 
the  judge  of  the  superior  court,  upon  the  application, 
supported  by  proof  of  the  person  entitled  to  the  benefit 
of  it,  must  make  an  order  for  its  prosecution  for  such 
person's  benefit,  and  at  his  risk  and  expense.  En.  March 
12,  1872.     Am'd.  1880,  22. 

§  2411.     Owner  may  sue,  although  claim   rejected.     The 

rejection  by  the  judge  of  any  claim  does  not  preclude  the 
claimant  from  maintaining  an  action  for  the  recovery  of 
such  property  or  its  proceeds  against  the  officer.  If  the 
plaintiff  in  any  such  action  prevails,  there  must  be  de- 
ducted from  the  damages,  in  addition  to  salvage  and 
expenses,  all  the  defendant's  costs.    En.  March  12,  1872. 

§  2412.  Salvage  to  be  stated  in  writing.  Every  officer 
to  whom  an  order  for  the  delivery  of  wrecke-d  property 
or  the  payment  of  its  proceds  is  directed,  must  present 
to  the  claimant  exhibiting  it  a  written  statement  of  the 
claims  for  salvage  and  expenses.  If  the  claimant  refuses 
to  allow  such  amount,  it  must  be  adjusted  as  hereinafter 
provided.    En.  March  12,  1872. 

§  2413.  Proceedings  to  settle  disputed  claims  to  sal- 
vage. If,  in  any  case,  the  amount  of  salvage  and  expenses 
are  not  settled  by  agreement,  the  superior  court  of  the 
county,  on  the  application  of  the  owner  or  consignee  of 
the  property,  or  the  master  or  supercargo  having  charge 
thereof  at  the  time  of  the  wreck,  or  of  a  claimant  having 
an  order  therefor,  or  of  a  person  claiming  salvage  or 
expenses,  must  determine  the  same  in  a  summary  way, 
either  by  itself  hearing  the  allegations  and  proofs  of  the 
party,  or  by  referring  the  questions  to  three  disinterested 
freeholders  of  the  county,  who  must  have  the  same  powers 
and  must  proceed  in  the  same  manner  as  referees  in 
civil  actions,  and  whose  decisions  as  to  the  whole  amount, 
and  as  to  the  same  to  be  paid  to  each  person  interested, 
must  be  entered  as  the  judgment  of  the  court.  En.  March 
12,  1872.     Am'd.  1880,  22. 

Referees  in  civil  actions:  Code  Civ.  Proc,  sees.  638- 
645. 

§  2414.  Costs  of  contest.  The  fees  and  expenses  of  the 
contest  must  be  paid  by  the  person  upon  whose  applica- 
tion it  was  had,  and  are  a  charge  on  the  property  saved. 

Pol.  Code— 35 


§§  2415-2417  PUBLIC    WATERS,  64« 

Each  referee   is  entitled   to  such   per  diem   and   expenses 
as  the  county  judge  may  deem  just.    En.  March  12,  1872. 

§  2415.  Wrecked  property  not  claimed  to  be  sold.  If, 
within  a  year  after  saving  wrecked  property,  no  claimant 
of  the  property  or  its  proceeds  appears,  or,  if  within  three 
months  after  a  claim,  the  salvage  and  expenses  have  not 
been  paid,  or  a  suit  for  the  recovery  of  the  property  or 
its  proceeds  has  not  been  commenced,  the"  officer  in 
whose  custody  it  may  be  must  sell  it  at  public  auction, 
if  not  already  sold,  and  pay  the  proceeds  of  such  sale, 
deducting  salvage  and  expenses,  into  the  treasury  nf  this 
state,  for  the  benefit  of  the  parties  interested;  but  in  no 
case  must  any  deduction  of  salvage  and  expenses  be  made, 
unless  the  amount  has  been  determined  by  the  superior 
court  of  the  county,  a  copy  of  whose  order,  and  of  the 
evidence  in  support  thereof,  must  be  transmitted  by  the 
judge  to  the  controller.  If  any  money  paid  to  a  county 
treasurer,  under  section  twenty-four  hundred  and  seven, 
remains  in  his  hands  more  than  a  year  after  it  has  been 
paid  to  him,  the  same  must  be  paid  into  the  state  treas- 
ury.    En.  March  12,  1872.     Am'd.  1880,  22. 

§  2416.  Notice  of  sale.  Public  notice  of  every  sale  of 
wrecked  property  under  the  provisions  of  this  chapter 
must  be  published  by  the  officer  making  the  sale  for  at 
least  two  weeks  in  succession  in  one  or  more  newspapers 
printed  in  the  county,  or  if  none  is  printed  therein,  then 
by  written  or  printed  notices  in  three  of  the  most  public 
places  in  such  county,  posted  up  at  least  fifteen  days  pre- 
vious to  such  sale.  Every  notice  must  state  the  time 
and  place  of  the  sale  and  contain  a  particular  description 
of  the  property  to  be  sold.     En.  March  12,  1872. 

§  2417.  Notice  of  wrecked  property.  Every  sheriff  into 
whose  possession  any  wrecked  property  comes  must  imme- 
diately thereafter  publish,  for  at  least  two  weeks  in  suc- 
cession, in  one  or  more  of  the  newspapers  printed  in 
this  state,  a  notice  directed  to  all  parties  interested,  giving 
a  minute  description  of  the  property,  and  of  every  bale, 
box,  case,  piece,  or  parcel  thereof,  and  of  the  marks, 
brands,  letters,  and  figures  on  each,  and  stating  where 
the  same  then  is,  and  its  actual  condition,  and  the  name, 
if  known,  of  the  vessel  from  which  it  came,  her  master 
and  supercargo,  and  the  place  where  such  vessel  then  is, 
and  her  actual  condition.     En.  March  12,  1872. 


647  PUBLtC  WATERS.  SS  2418-2430 

Defacing  marks  upon  wrecked  property:  Pen.  Code,  sees. 
355,  356. 

§  2418.  Expense  of  notice.  The  expense  of  publishing 
notices  under  the  provisions  of  this  chapter  is  a  charge 
upon  the  property  or  proceeds  to  which  it  relates.  En. 
March  12,  1872. 

ARTICLE  V. 

PILOTS    AND    PILOT    COMMISSIONERS. 

§  l!4i:9.  Qualifications    of    pilots. 

§  2430.  Commissions   and    license. 

§  2431.  Pilots  to   take  official  oath  and  give  bond. 

§  2432.  Vessel,    owner,    etc.,    liable    for   pilotage. 

§  2433.  Owners  to  compensate  pilots   for  loss. 

§  2434.  Pilot  to   show  commission  or  license,    when. 

§  2435.  Pilots   carried  to   sea  or   detained. 

§  2436.  Pilots    for   port.'?   other   than   San    Francisco,    Mare    Island,    Beni- 

cia,    and    Humboldt    Bay. 

§  2437.  Further    duties    of    pilots. 

§  2438.  Violating   regulations. 

§  2439.  Piloting   vessels   without   license. 

§  2440.  Pilot   commissioners   for   San   Francisco,   Mare   Island,   and   Benl- 

cia,    how   appointed. 

§  2441.  Pilot  commissioners  for  Humboldt  Bay  and  Bar,  how  appointed. 

§  2442.  Term   of   office. 

§  2443.  Boards    to    organize,    meetings. 

§  2444.  Powers   of   president. 

§  2445.  Powers   of   the   boards. 

§  2446.  Secretaries    of'  boards,    and    records. 

§  2447.  Not   to  be   interested   In  pilot   boats. 

§  2429.  Qualifications  of  pilots.  No  person  must  be 
appointed  a  pilot  unless  he  is  an  American  citizen,  over 
the  age  of  twenty-one  years,  with  a  practical  knowledge 
of  the  management  of  sailing  vessels  and  steamboats,  and 
of  the  tides,  soundings,  bearings,  and  distances  of  the 
several  shoals,  bars,  rocks,  points  of  land,  lighthouses, 
and  fog  signals  of  the  ports  and  harbors  for  which  he  is 
appointed,  of  good  moral  character,  and  temperate,  with 
the  skill  and  ability  necessary  to  discharge  the  duties 
of  pilot.     En.  March  12,  1872. 

Examination  as  to  qualifications:  Post,  sec.  2430. 

§  2430.  Commissions  and  license.  Pilots  appointed  by 
commissioners  must  be  carefully  examined  as  to  their 
qualifications,   and,  if  found  to  be  qualified  and  worthy, 


§§  2431-2434  PUBLIC    WATERS.  648 

must  receive  license  as  pilots  for  the  term  of  twelve 
months,  which  license  shall  be  thereafter  annually  renewed 
until  the  commissioners  have  good  cause  to  withhold  such 
renewal;  and  whenever  the  commissioners  deem  they  have 
such  cause,  or  intend  for  any  reason  to  withhold  such 
renewal,  the  secretary  of  the  hoard  of  commissioner? 
shall  serve  notice,  in  writing,  on  such  pilot,  specifying 
the  causes,  at  least  ten  days  before  the  expiration  of  his 
license;  and  such  pilot  shall  thereupon  be  entitled  to  a  full 
hearing  before  said  board.  En.  March  12,  1872.  Am'd. 
1877-8,  46. 

Qualifications:   Ante,  sec.  2429. 

Hearing  before  board:   Post,  sec.  2464. 

§  2431.  Pilots  to  take  official  oath  and  give  bond.  Every 
pilot  must  execute  an  official  bond  in  the  sum  of  five 
thousand  dollars,  to  be  approved  by  the  officer  or  board 
appointing  him.  The  bonds  of  pilots  appointed  by  com- 
missioners must  be  filed  with  such  commissioners.  En. 
March  12,  1872. 

Oflacial  bond:  Ante,  sees.  947-987.  Liability  of  pilot  on 
his  oflacial  bond:  Post,  sec.  2438. 

§  2432.  Vessel,  owner,  etc.,  liable  for  pilotage.  All  ves- 
sels, their  tackle,  apparel,  and  furniture,  and  the  master 
and'  owners  thereof,  are  jointly  and  severally  liable  for 
pilotage  fees,  to  be  recovered  in  any  court  of  competent 
jurisdiction.     En.  March  12,  1872. 

§  2433.  Owners  to  compensate  pilots  for  loss.  If  any 
pilot,  in  endeavoring  to  assist  or  relieve  any  vessel  in 
distress,  suffers  loss  or  damage  in  his  boats,  sails,  tackle, 
rigging,  or  appurtenances,  the  master,  owner,  or  con- 
signee of  such  vessel  must  pay  the  value  of  such  loss  or 
damage,  to  be  ascertained  by  the  commissioners.  En. 
March  12,  1872. 

§  2434.  Pilots  to  show  commission  or  license,  when. 
Every  pilot,  on  boarding  a  vessel,  when  required  by  the 
master  thereof,  must  exhibit  his  commission  or  license  as 
pilot.  A  refusal  so  to  do  subjects  him  to  a  forfeiture  of 
his  commission  or  license,  and  to  a  recovery  of  fifty  dollars 
on  his  bond  in  a  suit  instituted  for  that  purpose  by  the 
authority  appointing  him.     En.  March  12,  1872. 

License  as  pilot:  Ante,  sec.  2430. 


549  PUBLIC   WATERS.  5§  2435-2437 

§  2435.  Pilots  carried  to  sea  or  detained.  Every  pilot 
carried  to  sea  against  his  will,  or  unnecessarily  detained 
on  board  of  a  vessel  when  a  pilot  boat  is  in  attendance 
to  receive  him,  is  entitled  to  receive  the  sum  of  eight 
dollars  per  day  while  necessarily  absent  or  detained,  not 
to  exceed  in  the  aggregate  the  sum  of  one  thousand  dollars 
in  any  one  case,  which  sum  may  be  recovered  by  action 
against  the  master  or  owner  of  the  vessel  so  taking  him 
away.     En.  March  12,  1872. 

Act  providing  pilots  for  port  of  Wilmington  and  harbor 
of  San  Pedro:   See  Stats.  1889,  p.  416. 

§  2436.  Pilots  for  ports  other  than  San  Francisco,  Mare 
Island,  Benicia,  and  Humboldt  Bay.  Pilots  for  all  the 
ports  in  this  state,  other  than  San  Francisco,  Mare  Island, 
Benicia,  and  Humboldt  Bay,  are  governed  by  the  follow- 
ing regulations: 

1.  They  must  keep,  for  the  purpose  of  piloting,  at 
least  one  boat  for  every  six  pilots,  in  good  condition,  and 
seaworthy,  sufficiently  large  to  cruise  in  heavy  weather, 
to  be  exclusively  used  as  a  pilot  boat. 

2.  They  must  cruise  at  least  ten  marine  miles  seaward 
from  the  headlands  at  the  entrance  of  the  port. 

3.  They  shall  receive  for  piloting  every  vessel  into  or 
out  of  port  the  sum  of  eight  dollars  per  foot  draught. 

4.  When  the  person  commanding  any  vessel  refuses  to 
take  a  pilot,  the  pilot  first  offering  his  services  is  entitled 
to  half  pilotage. 

5.  For  incompetency,  neglect  of  duty,  or  other  good  cause, 
the  governor  may  suspend  or  remove  any  pilot  appointed 
by  him. 

6.  They  must  strictly  observe  and  obey  all  legally  estab- 
lished quarantine  regulations.    En.  March  12,  1872. 

Act  to  establish  pilots  and  pilot  regulations  for  San 
Diego:  See  Stats.  1871-2,  p.  650. 

§  2437.  Further  duties  of  pilots.  When  cruising  off 
or  standing  out  to  sea,  pilots  must  go  to  a  vessel  nearest 
to  shore,  or  in  the  most  distress,  under  a  penalty  of  one 
hundred  dollars;  for  refusing  to  go  on  board  a  vessel 
when  required,  a  like  penalty  of  one  hundred  dollars  may 
be  imposed;  in  either  case,  upon  conviction,  the  pilot  may 
be  suspended  or  expelled,  at  the  discretion  of  the  com- 
missioners.   En.  March  12,  1872. 


§§  2438-2441  PUBLIC   WATERS.  660 

§  2438.  Violating  regulations.  For  every  violation  of 
the  duties  and  regulations  herein  specified,  the  pilot  so 
violating  is  liable  on  his  official  bond  to  the  party  ag- 
grieved to  the  amount  of  the  damages  sustained.  En. 
March  12,  1872. 

Official  bond  of  pilot:   Ante,  sec.  2431. 

§  2439.  Piloting  vessels  without  license.  Any  person 
not  the  master  or  owner,  and  not  holding  a  commission  or 
license  as  a  pilot,  who  gilots  any  vessel  into  or  out  of  any 
harbor  or  port  of  this  state  for  which  there  are  commis- 
sioned or  licensed  pilots,  must  be  punished  therefor  as 
provided  in  the  Penal  Code,  section  379,  and  must  pay  to 
the  pilot  entitled  to  pilot  such  vessel  the  amount  of  pilotage 
or  towage  collected  by  him.    En.  March  12,  1872. 

Unlicensed  piloting  is  misdemeanor:  Pen.  Code,  sec.  379. 

§  2440.  Pilot  commissioners  for  San  Francisco,  Mare 
/sland,  and  Benicia,  how  appointed.  There  must  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  of  the 
senate,  three  experienced  and  competent  shipmasters  or 
nautical  men,  citizens  of  the  United  States,  and  residents 
in  either  of  the  cities  of  San  Francisco,  Oakland,  Vallejo, 
or  Benicia,  or  of  the  towns  of  Brooklyn  or  Alameda,  a 
board  of  pilot  commissioners  for  the  ports  of  San  Fran- 
cisco, Mare  Island,  and  Benicia.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     76,  635;  76,  636;  76,  637;  83,  456. 
Pilots  for  San  Diego:   See  Stats.  1871-2  p.  650. 
Pilot   regulations   for    San   Francisco,   Mare   Island   and 
Benicia:  Post,  sees.  2457-2470. 

§  2441.  Pilot  commissioners  for  Humboldt  Bay  and  Bar, 
how  appointed.  There  must  be  appointed  by  the  governor 
three  pilot  commissioners  for  Humboldt  Bay  and  Bar. 
Two  of  the  persons  so  appointed  must  be  resident  business 
men,  and  the  other  a  shipmaster  or  nautical  man,  and  a 
resident  of  Eureka,  Humboldt  County,  who  must  constitute 
a  board  of  pilot  commissioners  for  Humboldt  Bay  and 
Bar.    En.  March  12,  1872. 

Pilot  regulations  for  Humboldt  Bay  and  Bar:  Post,  sees. 
2476-2491. 

San  Diego  pilots  and  pilot  regulations:  Stats.  1871-2,  p. 
650. 


551  PUBLIC    WATERS.  §5  2442-2446 

§  2442.  Term  of  office.  The  commissioners  hold  their 
offices  during  the  pleasure  of  the  power  appointing  them, 
not  exceeding  four  years  from  the  date  of  their  commis- 
sions.   En.   March  12,   1872. 

Cal.  Rep.  Cit.     76,  635;   76,  636;   76,  637;   83,  456. 

§  2443.  Boards  to  organize,  meetings.  The  commission- 
ers must  organize  as  boards,  respectively,  by  the  election 
of  presidents,  secretaries,  and  treasurers.  They  must  pro- 
vide for  themselves  offices,  in  which  they  must  meet  as 
follows:  The  "San  Francisco  board"  must  meet  once  a 
month  in  the  city  of  San  Francisco,  and  the  "Humboldt 
board"  must  meet  at  Eureka  on  the  first  Mondays  in  Jan- 
uary, April,  July,  and  October.    En.  March  12,  1872. 

§  2444.  Powers  of  president.  The  president  of  each 
board  is  authorized  to  administer  oaths  in  regard  to  any 
matter  properly  before  it,  and  to  issue  subpoenas  in  like 
cases  for  witnesses.  A  witness  disobeying  such  subpoena 
served  on  him  must  pay  to  the  board  one  hundred  dollars, 
for  which  judgment  may  be  recovered  by  the  president  in 
a  civil  action.     En.  March  12.  1872. 

Administration  of  oaths,  etc.:  Code  Civ,  Proc,  sees. 
2093  et  seq. 

Subpoenas  for  witnesses,  etc.:  Code  Civ.  Proc,  sees, 
1985  et  seq. 

§  2445.  Powers  of  boards.  Each  board  must  make  by- 
laws and  rules  for  the  government  of  pilots  appointed  by 
it;  and  may  adjourn  their  regular  meetings  from  time  to 
time.  The  Humboldt  board  must  hold  a  special  meeting 
on  notice  of  one  member,  published  in  a  newspaper  in 
Humboldt  County  five  days  prior  to  the  proposed  meeting. 
The  San  Francisco  board  may  appoint  a  secretary  and  fix 
his  compensation,  not  to  exceed  the  sum  of  two  hundred 
and  fifty  dollars  per  month.  The  secretary  of  the  Hum- 
boldt board  must  be  one  of  the  members  thereof.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.    43,  235. 

§  2446.  Secretaries  of  boards,  and  records.  The  secre- 
tary of  each  board  must  keep  a  journal  of  all  its  proceed- 
ings and  acts,  and  a  register  of  all  pilots  appointed,  their 
residence  and  date  of  Jicense;  and  must,  under  order  of 
the  board,  issue  licenses    to  be  signed  by  the  president. 


§§  2447-2459  PUBLIC  "WATERS.  SB 

and  countersign  the  same.    The  secretary  of  the  Humboldt 
board  is  the  treasurer  thereof.     En.  March  12,  1872. 

§  2447.  Not  to  be  interested  in  pilot  boats.  Neither  the 
commissioners  nor  their  secretaries  must  have  any  interest 
in  any  pilot  boat  or  steam- tug,  nor  in  the  earnings  thereof, 
other  than  for  compensation  as  herein  provided.  Anyone 
violating  this  section  forfeits  his  office.  En.  March  12, 
1872. 


ARTICLE  VI. 

PILOT     REGULATIONS     FOR     SAN     FRANCISCO,     MARE     ISLAND, 
AND    BENICIA. 

§  2457.  Commissioners  to  examine  and   license  pilots. 

§  245S.  Pilots   to   keep   boats. 

g  24.511.  Pilots     to    prevent    premature    boarding.     Arrest     of    offenders. 

§  2460.  To   render   monthly   accotint   of   pilotage. 

§  24'61.  Board    may    revoke    license    and    suspend    pilots. 

§  2462.  Causes  for  revocation. 

§  246;).  Complaint   against  pilot   to  be   verified,   and  how   disposed  of. 

§  2464.  Trial    ami    review    on    withholding    or    revocation    of    license. 

§  2465.  Certain   pilotage   to   be   agreed    on. 

§  2466.  Rates   of   pilotage   at   San   Francisco. 

g  2467.  Exemption    from    pilotage    of    certain    vessel*. 

§  24f;S.  Same.     Pilotage    and    half    pilotage. 

§  2469.  When    two    pilots   offer    services. 

§  2470.  Pilot   bringing   in   vessel   entitled   to   take   her  out. 

§  2457.  Commissioners  to  examine  and  license  pilots. 
The  board  of  commissioners  must  examine  and  license,  in 
the  manner  prescribed,  not  less  than  fifteen  nor  more 
than  twenty  pilots  for  the  port  of  San  Francisco,  and  not 
more  than  two  pilots  for  the  ports  of  Mare  Island,  Vallejo, 
and  Benicia.     En.  March  12.   1872.     Am'd.   1S77-8,  46. 

San  Diego  pilots  and  pilots'  regulations:  Stats.  1871-2, 
p.  650. 

§  2458.  Pilots  to  keep  boats.  Pilots  must  at  all  times 
keep,  for  their  exclusive  use,  boats  of  such  description  and 
good  condition  as  directed  by  the  board.  En.  March  12, 
1872.     Am'd.  1877-8.  46. 

§  2459.  Pilots  to  prevent  premature  boarding.  Arrest 
of  offenders.  Every  pilot  in  charge  of  a  vessel  arriving 
in  the  port  or  harbor  of  San  Francisco,  must  safely  moor 
the  vessel  in  such  position  as  the  master  of  the  vessel  or 
harbormaster  may   direct.    He    must  prevent  all  persons 


668  PUBLIC   WATERS.  S8  2480,    24S1 

(except  officers  of  the  state  or  federal  governments,  own- 
ers or  consignees  of  the  vessel  or  cargo,  and  persons  ad- 
mitted on  the  express  order  of  the  master)  from  boarding 
such  vessel  until  she  has  been  safely  moored.  To  enforce 
the  provisions  af  this  section,  and  other  police  regulations 
for  the  harbor,  every  pilot  in  charge  of  a  vessel  entering 
the  harbor  of  San  Francisco  is  authorized  and  empowered 
to  arrest  every  one  who,  in  opposition  to  the  master's 
orders,  persists  in  boarding  such  vessel,  or  who,  having 
boarded  her,  refuses  to  leave  on  the  command  of  such 
master  or  pilot;  when  so  arrested  he  must  be  Immediately 
brought  before  the  police  judge's  court,  or  admitted  to  ball, 
as  provided  in  the  Penal  Code,    En.  March  12,  1872, 

§  2460.  To  render  monthly  account  of  pilotage.  Every 
pilot  of  the  harbor  of  San  Francisco,  Mare  Island,  Vallejo, 
and  Benicia  must  once  in  each  month,  upon  blanks  to  be 
furnished  them  by  the  board  of  pilot  commissioners,  ren- 
der a  verified  account  to  the  board  of  all  moneys  re- 
ceived by  him,  or  by  any  other  person  for  him,  or  on  his 
account,  and  pay  five  per  cent  thereof  to  the  board,  in  full 
compensation  for  its  official  services,  for  the  services  of 
its  secretary  and  treasurer,  and  all  incidental  expenses. 
Such  account  shall  give  the  name  of  each  vessel  piloted, 
and  the  master  thereof,  and  of  each  vessel  for  which 
pilotage  has  been  charged  or  collected,  and  the  amount 
charged  to  or  collected  from  each,  and  any  rebates  made 
and  allowed  and  the  amounts  thereof,  where  the  same 
is  registe^rd,  the  depth  of  its  draught,  its  tonnage,  whether 
inward  or  outward  bound,  and  whether  the  amount  so 
received,  collected,  or  charged  is  for  full  pilotage  or  half 
pilotage,  and  the  secretary  shall  record  such  account  in 
full  detail  in  a  book  prepared  for  that  purpose,  which 
book  shall  at  all  times  be  open  to  public  inspection.  En. 
March     J,  1872.    Am'd.  1899,  6. 

§  2461.     Board   may   revoke   license   and  suspend   pilots. 

The  board  has  power  summarily  to  suspenu  pilots  for 
misconduf',  inattention  to  their  duty,  intoxication,  or  vio- 
lation of  any  of  the  rules  and  regulations  provided  by  the 
board  for  the  government  of  pilots,  and  to  revoke  the 
license  '^f  pnots  for  the  causes  hereinafter  mentioned,  upon 
due  proof  thereof,  as  hereinafter  provided.  The  board 
must  immediately  suspend  every  pilot  complained  of  until 
the  complaint  is  investigated  and  decided.  En.  March  12, 
1872. 


§§  2462,  2463  PUBLIC  WATERS.  »»/ 

§  2462.  Causes  for  revocation.  Any  pilot  may  be  de- 
prived of  Ms  license  before  its  expiration  for  the  following 
causes  only: 

1.  For  neglect,  for  thirty  days  after  the  same  becomes 
due,  as  provided  in  the  second  preceding  section,  to  render 
any  account  to  the  board  of  pilot  commissioners  of  all 
moneys  received  by  him  for  pilotage; 

2.  For  neglect,  for  thirty  days  after  the  same  becomes 
due,  to  pay  over  to  the  board  the  five  per  cent  on  the 
pilotage  money  received  by  him; 

3.  For  rendering  to  the  board  a  false  account  of  pilotage 
received; 

4.  For  absenting  himself  from  duty  for  more  than  one 
month  at  any  one  time,  except  upon  leave  granted  by  the 
board,  or  by  reason  of  sickness  or  personal  injury; 

5.  For  refusing  to  exhibit  his  license  when  requested 
to  do  so  by  the  master  of  any  vessel  he  may  have  boarded; 

6.  For  habitual  or  occasional  intoxication,  whether  the 
same  occurs  while  in  charge  of  any  vessel  as  pilot  or  in 
charge  of  -^  pilot  boat,  or  at  any  other  time; 

7.  For  negligently,  ignorantly,  or  willfully  running  any 
vessel  on  shore,  or  otherwise  rendering  her  liable  to  in- 
jury. Any  pilot  deprived  of  his  license  under  this  subdi- 
vision is  thereafter  ineligible  to  receive  a  license  as  pilot. 

8.  For  willful  violation  of  the  rules  and  regulations 
adopted  by  the  board  of  commissioners  for  the  govern- 
ment of  pilots.     En.  March  12,  1872. 

§  2463.  Complaint  against  pilot  to  be  verified,  and  how 
disposed  of.  No  complaint  against  any  pilot  for  any  of 
the  charges  specified  in  the  preceding  section  must  be 
entertained  by  the  board,  unless  it  is  within  the  knowl- 
edge of  the  commissioners,  or  reduced  to  writing  and  veri- 
fied, as  in  civil  actions.  When  a  written  complaint  is 
filed,  the  pilot  accused  must  be  forthwith  served  with  a 
copy  thereof  by  the  secretary,  and  required  to  appear  and 
answer  within  ten  days  thereafter.  If,  upon  the  hearing  of 
a  complaint  and  the  testimony  in  relation  thereto,  the 
board  adjudges  the  complaint  well  founded,  and  the  pilot 
guilty  of  any  of  the  acts  or  causes  herein  declared  suf- 
ficient for  depriving  him  of  his  license,  the  board  must 
by  order  so  declared,  and  forthwith  revoke  his  license. 
Such  order  must  be  entered  of  record  in  the  minutes  by 
the  secretary.    En.  March  12,  1872. 


655  PUBLIC    WATBRS.  BS  2464-2461 

§  2464.  Trial  and  review  on  withholding  or  revocation 
of  license.  Whenever  any  pilot  has  been  notified  that 
his  license  will  not  be  renewed,  as  provided  in  section 
two  thousand  four  hundred  and  thirty  of  this  code,  he 
shall  be  entitled  to  a  trial  and  hearing  thereon,  in  the 
same  manner  that  other  charges  and  compliants  are  tried 
under  the  provisions  of  section  two  thousand  four  hun- 
dred and  sixty-three  of  this  code,  and  in  all  such  cases, 
and  In  all  cases  of  revocation  of  license,  or  suspension  of 
a  pilot  for  any  cause,  the  board  may,  in  its  discretion, 
upon  written  application,  setting  forth  the  grounds  thereof, 
verified  by  the  party  aggrieved,  grant  a  rehearing;  and  in 
all  cases  the  final  decision  of  the  board  shall  be  subject, 
to  review  in  the  superior  court  of  the  city  and  county  of 
San  Francisco,  to  which  court  any  such  case,  with  all  the 
papers  and  proceedings  therein,  shall  be  immediately  certi- 
fied by  the  secretary  of  said  board,  when  so  required  by  the 
pilot  interested  therein.  Any  case  so  certified  to  the  super- 
ior court  shall  be  then  tried  de  novo.  The  judgment  of 
the  court  shall  be  final  and  conclusive.  If  the  decision 
of  the  board  be  reversed,  the  judgment  shall  operate  di- 
rectly to  restore  the  pilot  to  all  his  former  rights,  status, 
and  privileges  without  further  action  of  the  board.  But 
the  board  shall,  nevertheless,  upon  being  served  with  a 
certified  copy  of  such  judgment,  restore  or  renew  the  li- 
cense of  such  pilot,  as  the  judgment  may  direct.  En. 
March  12,  1872.    Am'd.  1877-8,  46;  1881,  85. 

§  2465.  Certain  pilotage  to  be  agreed  on.  The  pilotage 
inside  the  heads  to  the  anchorage  opposite  San  Francisco 
and  about  the  harbor,  or  between  the  harbor  of  San  Fran- 
cisco and  the  ports  of  Mare  Island,  Vallejo,  or  Benicia, 
must  be  at  such  rates  as  agreed  on  between  the  parties,  not 
to  exceed  five  dollars  per  foot  draught.  En.  March  12, 
1872. 

§  2466.  Rates  of  pilotage  at  San  Francisco.  The  follow- 
ing shall  be  the  rates  of  pilotage  into  and  out  of  the  har- 
bor of  San  Francisco:  All  vessels  under  five  hundred  (500) 
tons  three  ($3.00)  dollars  per  foot  draught;  all  vessels  over 
five  hundred  (500)  tons  three  ($3.00)  dollars  per  foot 
draught  and  three  (3c)  cents  per  ton  for  each  and  every 
ton  registered  measurement;  and  every  vessel  spoken  In- 
ward or  outward  bound  except  as  hereinafter  provided 
shall  pay  the  said  rates.  A  vessel  is  spoken  by  day  by  a 
pilot  boat  displaying  a  union  jack  or  by  night  displaying 


5§  2467-2470  PUBLIC  WATERS.  656 

a  torch  or  flare  up  within  a  distance  of  three  (3)  miles  of 
the  vessel.  In  all  cases  where  inward  bound  vessels  are 
not  spoken  until  inside  of  the  bar  the  rates  of  pilotage 
herein  provided  shall  be  reduced  fifty  (50)  per  cent.  Ves- 
sels engaged  in  the  whaling  or  fishing  trades  shall  be  ex- 
empt from  all  pilotage  except  where  a  pilot  is  actually 
employed.     En.  March  12,  1872.     Am'd.  1877-8,  47;  1905,  815. 

§  2467.     Exemption    from    pilotage     of    certain    vessels. 

Any  vessel  in  tow  of  a  steam  tug,  between  the  harbor  of 
San  Francisco  and  the  ports  of  Mare  Island,  Vallejo,  or 
Benicia,  shall  be  exempt  from  all  charges  for  pilotage,  un- 
less a  pilot  be  actually  employed.  En.  March  12,  1872. 
Am'd.  1877-8,  47. 

§  2468.  Same.  Pilotage  and  half  pilotage.  All  vessels 
sailing  under  an  enrollment,  and  licensed  and  engaged  in 
the  coasting  trade  between  the  port  of  San  Francisco  and 
any  other  port  of  the  United  States  shall  be  exempt  from 
all  pilotage  unless  a  pilot  be  actually  employed.  All  for- 
eign vessels  and  all  vessels  from  a  foreign  port  or  bound 
thereto,  and  all  vessels  sailing  under  a  register  between 
the  port  of  San  Francisco  and  any  other  port  of  the  United 
States  shall  be  liable  for  pilotage  as  provided  in  section 
twenty-four  hundred  and  sixty-six  (2466)  of  this  code.  En. 
March  12,  1872.     Am'd.  1877-8,  47;   1891,  496;   1905,  815. 

§  2469.  When  two  pilots  offer  services.  When  two  or 
more  pilots  shall  offer  their  services  to  any  vessel  inward 
bound,  the  pilot  first  offering,  or  one  connected  with  the 
same  boat,"  shall  have  preference,  and  if  the  services  of 
another  be  accepted,  the  vessel,  her  appurtenances,  and  the 
master  and  owner  thereof,  shall  be  jointly  and  severally 
liable  to  the  pilot  entitled  to  such  preference  for  one  half 
the  amount  of  pilotage  he  would  have  been  entitled  to  had 
his  services  been  accepted.    En.  Stats.  1877-8,  47. 

§  2470.     Pilot  bringing  in  vessel  entitled  to  take  her  out. 

Any  pilot  bringing  a  vessel  into  the  harbor  of  San  Fran- 
cisco (or  one  connected  with  his  boat)  shall  be  entitled 
to  take  such  vessel  to  sea  again  when  she  next  departs, 
provided,  such  pilot  and  those  connected  with  his  boat 
have  not  in  the  mean  time  become  in  any  manner  disqual- 
ified or  incapacitated;  and  if  such  preference  be  disre- 
garded l)y  the  master  of  such  vessel,  the  vessel,  master, 
and  owner  shall  be  liable  to  the  pilot  entitled  to  such  pre- 


65T  PUBLIC    WATERS.  §8  2476-247Ji 

ference  for  one  half  the  amount  to  which  he  would  be  en- 
titled if  his  services  had  been  accepted.  En.  Stats.  1877-8, 
47. 

Cal.  Rep.  Cit.    43,  231. 


ARTICLE  VII. 

PILOT   REGULATIONS  FOR  HUMBOLDT  BAY   AND   BAR. 

§  2476.  Board    to   appoint   and   remove   pilots. 

§  2477.  To   make   rules   to   govern   themselves   and    pilots. 

§  2478.  Pilots    to    be    attached    to    steamboats.    Damages. 

§  2479.  Pilot  having  priority. 

§  24SO.  Pilotage  and   towage. 

§  24S1.  Pilot    responsible    for    loss    or    detention    of    vessel. 

§  24S2.  Commissioners  to  recover  forfeitures,   etc. 

§  2483.  Compensation    of   commissioners. 

§  24S4.  Secretary    to   publish    receipts. 

§  24S5.  Pilots    to   observe    legulations. 

§  24S6.  License,    how   forfeited. 

§  24S7.  Pilot   losing  vessel. 

!;  2488.  E.xtra   services. 

§  24S9.  Full  pilotage. 

§  2490.  Further   fees. 

§  2491.  Claims    against   beard. 

§  2476.  Board  to  appoint  and  remove  pilots.  The  Hum- 
boldt board  may  appoint  for  Humboldt  Bay  and  Bar  such 
number  of  pilots  as  are  necessary,  subject  to  be  removed 
by  the  board  at  any  time.     En.  March  12,  1872. 

San  Diego  pilots  and  pilot  regulations:  Stats.  1871-2, 
p.   650. 

Act  to  improve  Humboldt  Bay:  See  General  Laws  title 
Humboldt  Bay. 

§  2477.     To  make  rules  to  govern  themselves  and  pilots. 

The  commissioners  may  make  by-laws  and  rules  for  their 
own  government  and  for  the  government  of  the  pilots,  and 
fix  penalties  for  the  breach  of  the  same — a  copy  whereof 
they  must  furnish  each  pilot  appointed.  They  may  also 
suspend  or  revoke  the  licenses  of  pilots  appoinced  by 
them,  for  incapacity  or  misconduct.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     43,  231. 

§  2478.  Pilots  to  be  attached  to  steamboats.  Damages. 
All  pilots  licensed  or  appointed  for  Humboldt  Bay  must 
be  attached  to  a  steamboat  well  furnished  and  fitted  for 
the  service,  having  the  necessary  hawsers  and  spring  lines 
suitable  to   cross  and  tow  vessels  over  Humboldt  Bar  in 


§§  2479-2482  PUBLIC  WATERS.  65« 

ordinarily  rough  weather.  Any  damage  to  a  vessel  m  tovv- 
of  a  pilot  boat,  resulting  from  negligence  or  carelessness, 
may  be  recovered  of  the  pilot  boat,  its  owners,  or  the 
pilots  in  charge  thereof  at  the  time  the  injury  occurreti; 
they  are  jointly  and  severally  liable  therefor.  En.  March 
12,  1872. 

§  2479.  Pilot  having  priority.  The  pilot  wno  brings  any 
vessel  into  the  port  has  priority  in  piloting  or  towing  tne 
same  out,  and  the  master  of  the  vessel  outward  bound 
must  apply  for  pilotage  or  towage  on  board  the  pilot  boat 
which  brought  the  vessel  in,  and  tender  the  pilotage  or 
towage  fee.  Such  pilot,  or  a  suitable  substitute,  must 
immediately  render  the  required  service,  and  for  a  failure 
so  to  do  forfeits  his  appointment.  If  the  pilot,  in  bringing 
the  vessel  in,  was  guilty  of  negligence  or  carelessness  lie 
thereby  forfeits  his  right  of  priority.     En.  March  12,  1872. 

5  2480.  Pilotage  and  towage.  The  following  fees  are 
collectible  by  the  pilots  of  Humboldt  Bay: 

1.  For  piloting  vessels,  eight  dollars  per  foot  draught. 

2.  For  towage,  an  amount  to  be  agreed  upon  between  the 
parties.     En.  March  12,  1872. 

§  2481.     Pilot  responsible  for  loss  or  detention  of  vessel. 

If  any  vessel  bound  for  Humboldt  Ba>  is  lost  or  unixeces- 
sarily  detained  for  want  of  a  pilot  or  steam  tugboat,  after 
raising  a  signal  for  a  pilot  within  eight  miles  of  the  bar 
at  the  entrance  of  the  bay,  the  pilots  may  be  suspended 
or  displaced  by  the  commissioners,  and  those  gailty  of 
negligence  or  inattention  must  pay  to  the  commissioners 
a  sum  not  exceeding  five  hundred  dollars,  to  be  recovered 
in  a  suit  by  them,  and  are  liable  to  the  owners  of  the  lost 
or  detained  vessel  in  the  amount  of  damage  resulting  from 
such  negligence  or  inattention.  The  commissioners  must 
publish  all  proceedings  had  in  such  cases.  En.  March  12, 
1872. 

§  2482.  Commissioners  to  recover  forfeitures,  etc.  The 
commissioners  must  sue  for  and  recover  all  penalties  and 
forfeitures  from  pilots,  masters,  or  owners  of  vessels,  or 
other  persons,  or  from  the  vessels  violating  any  of  the  pro- 
visions of  this  article.  The  money  so  collected  must  be 
paid  into  the  county  treasury  of  Humboldt  County,  for 
the  use  of  the  public  schools,  the  commissioners  first  de- 
ducting therefrom,  if  sufficient,  enough  to  defray  their 
salaries  and  necessary  expenses.    En.  March  12,  1872. 


559  PUBLIC   WATERS.  S9  2483-24S7 

§  2483.  Compensation  of  commissioners.  The  commis- 
sioners must  each  receive  the  sum  of  four  doilara  per 
day  for  each  day  actually  employed  in  the  discharge  of 
their  duties,  and  all  necessary  expenses  for  staMonery, 
lights,  and  fuel  used  in  their  office,  which  sum  must  be  de- 
ducted from  the  moneys  received  by  them  befoie  deposit- 
ing the  same  in  the  county  treasury.     En.  March  12,  1872. 

§  2484.  Secretary  to  publish  receipts.  Un  the  first 
week  In  January  of  each  year,  the  secretary  of  the  hoard 
must  cause  to  be  published  in  a  newspaper  published  in 
Humboldt  County,  a  full  account  of  all  the  receipts  and  ex- 
penditures for  the  year  previous.     En.  March  12,  1S72. 

§  2485.  Pilots  to  observe  regulations.  The  commission- 
ers of  Humboldt  Bay  and  Bar  must  strictly  observe  and 
enforce  the  following  regulations: 

1.  A  pilot  absenting  himself  from  his  duty  for  more  than 
two  months  forfeits  his  license. 

2.  Each  pilot  must  apply  for  a  renewal  of  his  license 
ten  days  before  the  expiration  thereof,  otherwise  it  must 
not  necessarily  be  renewed. 

3.  If  a  pilot  becomes  intoxicated  while  in  charge  of  a 
vessel  as  pilot,  he  must  be  suspended  or  dismissed  and 
his  license  withdrawn.     En.  March  12,  1872. 

§  2486.  License,  how  forfeited.  Licenses  of  pilots  are 
forfeited,  and  must  be  withdrawn  by  the  board  of  commis- 
sioners in  the  following  cases: 

1.  A  failure  to  renew  his  bond  or  sureties  when  required 
by  the  board. 

2.  Willful  violation  of  any  duty  prescribed  by  law,  or  a 
regulation  of  the  board. 

3.  Negligently  losing  a  vessel. 

4.  Mental  derangement. 

5.  Habitual  drunkenness. 

Notice  of  any  charge  must  be  given  to  the  pilot  accused, 
and  an  opportunity  to  defend  himself  given  before  his 
removal.     En.  March  12,  1872. 

§  2487.  Pilot  losing  vessel.  A  pilot  negligently  losing 
a  vessel  must  not  thereafter  receive  a  license  as  a  pilot, 
and  is  liable  for  all  damages  sustained  in  consequence  of 


§§  2488-2491  PUBLIC  "WATERS.  580 

such  neglect.  If  a  pilot  negligently  runs  a  vessel  on  shore, 
he  must  receive  no  pilotage;  and  he  is  liable  on  his  bond 
for  all  damages  sustained.     En.  March  12,  1872 

§  2488.  Extra  services.  The  master,  owner  or  con- 
signee of  any  vessel  to  whom  any  pilot  may  have  rendered, 
upon  request  of  either  of  them,  any  extra  service  for  the 
preservation  of  such  vessel  while  in  distress,  must  jiay  such 
pilot,  in  addition  to  his  regular  fees,  such  amount  as  the 
commissioners  determine  to  be  a  reasonable  and  just  re- 
ward, if  no  special  agreement  has  been  made  between  such 
master,  owner,  or  consignee  of  such  vessel  and  the  piJot. 
En.  March  12,  1872. 

§  2489.  Full  pilotage.  A  pilot  boarding  any  vessel  dis- 
playing a  signal  for  a  pilot  is  entitled  to  receive  full 
pilotage.     En.  March  12,  1872. 

§  2490.  Further  fees.  The  commissioners  are  entitled 
to  charge  for  each  license  to  a  pilot  a  sum  not  exceeding 
fifty  dollars;  and  any  master  of  a  coasting  vessel,  being  an 
American  citizen,  can,  upon  application  to  the  pilot  com- 
missioners, obtain  a  special  license  for  the  use  of  such  ves- 
sel only,  by  paying  the  commissioners  for  the  same  at  the 
rate  of  one  dollar  per  ton;  all  such  ves.^el?  must  be  under 
one  hundred  and  seventy-five  tons  burden.  En.  March 
12,  1872. 

§  2491.  Claims  against  board.  All  claims  against  the 
commissioners  must  be  considered  at  a  stated  meeting, 
and  if  correct  must  be  allowed  and  paid.  En.  March  12, 
1872. 


561  PUBLIC  WATERS.  §8  2601-2504 

ARTICLE  VIII. 

PORT    WARDENS. 

§  2501.  Number  of  port   wardens. 

§  2502.  Board   for   San    Francisco. 

§  2.i03.  Duty   of  wardens. 

§  2504.  To   keep   ojien   record. 

§  2505.  Surveys,   and   what  same  must  set  forth. 

§  2506.  May    call   assistance,    but   no    charge    therefor. 

§  2507.  Sales   of   wrecks,    etc.,    and    merchandise   for   foreign   underwrit- 
ers. 

§  2508.  Notice    of   sale,    how   given. 

§  2309.  Wardens  not   to  be  connected  with  Insurance. 

§  2510.  Fees    for   surveys   and   certificates. 

§  2511.  Penalty   for   acting   as   port  warden. 

§  2501.  Number  of  port  wardens.  There  are  four  port 
wardens  for  the  port  and  harbor  of  San  Francisco,  and 
one  for  each  and  every  other  port  of  entry  within  this 
state.     En.  March  12,  1872. 

§  2502.  Board  for  San  Francisco.  Of  the  wardens  ap- 
pointed in  San  Francisco  two  or  more  must  be  master 
mariners.  They  must  act  in  concert  in  the  oischarge  of 
their  duties,  and  are  known  as  the  board  of  port  wardens 
for  the  port  of  San  Francisco.     En.  March  12,  1872. 

§  2503.  Duty  of  wardens.  The  port  wardens,  when  re- 
quired by  any  person  interested  in  either  vessel  or  cargo, 
must  survey  any  vessel  arriving  in  distress,  or  which  has 
sustained  damage  or  injury  at  sea,  and  survey  in  whole 
or  in  part  the  cargo  thereof;  and  must  survey  the  hatches, 
stowage,  and  cargo  of  all  vessels  laden  with  general  or 
assorted  merchandise  belonging  or  consigned  to  various 
parties.     En.  March  12,  1872. 

§  2504.  To  keep  open  record.  They  must  keep  in  a 
book  provided  for  such  purpose  a  record  of  all  surveys, 
signed  by  the  warden  making  the  survey,  at  all  times 
open  for  inspection  by  any  person  interested  in  the  vessel 
or  cargo  surveyed,  of  which  all  persons  requiring  them 
must  be  furnished  with  copies  certified  under  the  hand  of 
the  warden  or  one  of  the  board  of  wardens  and  seal  of 
the  board,  on  payment  of  the  fee  therefor.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     123,  320. 

PoL  Code— 36 


§§  2505-2507  PUBLIC  WATERS.  662 

§  2505.     Surveys,  and  what  same  must  set  forth.     In  all 

surveys  made  by  a  port  warden  he  must  set  forth  clearly 
and  fully  the  nature  of  the  damage;  if  of  merchandise, 
whether  from,  actual  contact  with  sea  water  or  through 
the  excess  of  water  in  the  hold  of  the  vessel,  or  from 
the  humidity  or  sweat  of  the  hold,  bad  stowage,  or  from 
such  other  cause  by  which  in  his  judgment  the  damage 
has  been  occasioned.  If  the  survey  is  of  a  damaged 
vessel  he  must  give  a  full  account  of  all  the  loss  and  in- 
jury which  she  has  sustained,  and  recommend  the  re- 
pairs. He  must  state  the  value  of  the  vessel  in  her 
damaged  condition,  and  also  the  value  of  the  repairs  rec- 
ommended, setting  forth  what  parts  are  to  be  supplied 
anew  and  what  parts  to  be  put  in  repair.  En.  March  12, 
1872. 

§  2506.     May    call    assistance,    but    no    charge    therefor. 

Whenever  a  port  warden  deems  it  necessary  he  may  call 
to  his  assistance,  on  a  survey,  a  ship  carpenter,  rigger, 
sailmaker,  or  other  person  practically  acquainted  with  the 
merchandise  to  be  surveyed  or  parts  of  the  vessel  to  be 
repaired,  who  must  be  sworn  to  examine  properly  and  to 
render  with  the  warden  a  correct  and  faithful  report  of 
the  surveys.  No  additional  charge  must  be  made  therefor 
to  the  vessel  unless  their  survey  is  required  by  the  owner 
or  agent  thereof.     En.  March  12,  1872. 

§  2507.  Sales  of  wrecks,  etc.,  and  merchandise  for  for- 
eign underwriters.  All  wrecked  or  damaged  vessels,  or 
materials  from  the  same,  and  all  merchandise  sold  at  pub- 
lic auction  for  account  of  underwriters  residing  abroad, 
when  required  by  any  party  having  an  interest  in  the 
same,  or  for  account  of  whom  it  may  concern,  or  upon 
which  claims  are  to  be  made  against  underwriters  resid- 
ing abroad,  must  be  sold  under  the  inspection  of  a 
warden  of  the  port  where  such  sale  is  made.  And  the 
warden  must  separate  sound  goods  from  tuOaS  damaged, 
and  certify  specially  the  nature,  and,  as  far  as  can  be  done, 
the  extent  of  such  damage.  No  port  warden  has  authority 
to  sell  or  dispose  of  any  property  that  may  have  been 
surveyed  by  him  without  the  consent  of  the  owner  or 
agent  of  the  same;  nor  when  the  settlement  of  losses  has 
been  agreed  upon  in  writing  by  the  parties  interested  and 
a  copy  thereof  given  to  the  warden.     En.  March  12,  1872. 

Marine  insurance:  Civ.  Code,  sees.  2655-2746.  Loss:  Civ. 
Code,  sees.  2701-2712.  Abandonment:  Civ.  Code,  sees.  2716- 
2732.     Measure  of  indemnity:   Civ.  Code,  sees.  2736-2746. 


863  PUBLIC    WATERS.  9S  2508-2511 

Wrecks  and  wrecked  property:  See  ante,  art.  IV,  sees. 
2403  et  seq. 

i  2508.  Notice  of  sale,  how  given.  In  case  sales  are 
made  at  auction  under  the  direction  of  the  port  warden, 
he  must  give  at  least  three  days'  notice  of  the  same  by 
publication  in  some  newspaper  published  in  the  county 
where  the  survey  is  made,  describing  the  articles  to  be 
sold;  and  if  merchandise,  the  vessel  by  which  imported; 
and  if  a  wrecked  or  damaged  vessel  or  materials  of  the 
same,  the  name  of  the  vessel  and  where  from,  if  no  news- 
paper is  published  in  the  place  where  the  same  is  made, 
then  a  written  notice  of  3uch  sale  must  be  posted  up  in 
the  vicinity.     En.  March  12,  1872. 

§  2509.  Wardens  not  to  be  connected  witii  Insurance. 
No  port  warden  must,  either  directly  or  indirectly,  have 
any  connection  with  insurers  of  this  state,  or  of  any  other 
of  the  states,  or  of  Jo'eign  countries,  or  with  the  agents  or 
representatives  of  such  insurers,  so  far  as  his  duties  as 
port  warden  are  concerned.  He  must  not  in  any  manner 
be  interested,  directly  or  indirectly,  in  any  repj,irs  he  may 
recommend,  nor  in  any  vessel,  cargo,  or  portion  of  cargo, 
he  may  be  required  to  survey.     En.  March  12,  1872. 

§  2510.  Fees  for  surveys  and  certificates.  For  each  and 
every  survey  the  port  warden  is  entitled  to  fifteen  dollars, 
to  be  paid  by  the  owners,  masters,  or  consignees,  the 
amount  not  to  exceed  altogether  for  any  one  vessel  the  sum 
of  seventy-five  dollars.  Foreign  vessels,  not  admitted  by 
treaty  on  terms  of  equality  with  American  bottoms,  must 
pay  fifty  per  cent  advance  on  this  rate.  For  all  separate 
certificates  of  surveys  required  by  different  consignees  he 
is  entitled  to  a  fee  of  two  dollars  and  a  half,  and  for  each 
order  of  sale  he  is  entitled  to  ten  dollars.  En.  March  12, 
IG72. 

§  2511.  Penalty  for  acting  as  port  warden.  Any  person 
other  than  a  port  warden,  appointed  according  to  law, 
who  performs  any  of  the  duties  of  such  officer  prescribed 
in  this  article  is  liable  to  a  penalty  of  not  less  than  five 
hundred  dollars  nor  more  than  one  thousand  dollars  for 
each  offense,  to  be  recovered  in  any  court  of  competent 
iurisdiction  by  the  warden  or  board  of  port  wardens,  in  the 


§  2530  PUBLIC    WATERS.  G64 

name  of  the  people  of  the  state  of  California.     En.  March 
12,  1872. 

Exercising    functions    of   office    wrongfully:    Pen.    Code, 
sec.  75. 


ARTICLE  IX. 

SAN    FRANCISCO  -HARBOR    AND    STATE    HARBOR    COMMISSION- 
ERS. 

§  2520.  Appointment   fo   state  harbor   commissioners. 

§  2'i21.  Bonds.     Employee3 

§  2522.  Employees   and   their   duties. 

§  2523.  Actions   for   property,    money,    and   removal   of   obstructions. 

§  2524'.  Jurisdiction    of    board. 

§  2525.  Extension    and    supervision   cf    streets   along    water    front. 

§  2526.  Limit   of  money  to  be  collected. 

§  2527.  Requisites   of   valid    contract. 

§  252S.  Disposition    of   moneys   collected. 

§  2529.  Vouchers,    drafts,    and    warrants. 

§  2530.  Reports   and   receipts. 

§  2531.  Ex-offlcio  members  of  board. 

§  2532.  New   sea   wall    for   San   Francisco  Harbor. 

§  2533.  San    Fi-ancisco   Harbor   improvement   fund. 

§  2534.  Limit   of   compensation    for   collecting   dockage,    etc.     (Repealed.) 

§  2535.  State    tieasurer's    receipts,     disbursements,    and    account    books. 

§  2536.  Proposals  and   contracts   for  construction  of  new  sea   wall. 

g  2537.  Report   of  commissioners  to  governor. 

§  2538.  Maps   of   changes   in   lines   of   water   front  or   streets. 

§  2539.  Office   and   duties  Of  chief  wharfinger. 

§  2540.  Duties    of    chief    wharfinger    as    to    abandoned    watercraft    and 

boats    adrift. 

§  2.541.  Failure   to    obey   orders    of    chief    wharfinger. 

§  2542.  Obstructions   to    nevigation. 

§  2543.  Fast   driving    on    wharves   prohibited. 

§  2544.  Police    judge's    court    to    try    misdemeanors    hereunder. 

S  2545.  Qualifications    of    officers. 

§  2546.  Obligee  on    official    bonds. 

§  2.''>47.  Seal. 

§  2548.  When  no  tolls  or  wharfage  to  be  collected. 

§  2549.  Collections  and   payments   in  gold   and   silver  coin  only. 

§  255<J.  Wharfmgcr.s    and    collectors    as    special    policemen. 

§  2551.  Pending    actions   and    proceedings   not   affected. 

§  2552.  Salaries  of  officers 

§  2553.  Duties    of    attorney-general. 

§  2554.  Office    rooms.     (Repealed.) 

§  2520.  Appointment  of  state  harbor  commissioners.  A 
board  of  state  harbor  commissioners,  to  consist  of  three 
persons,  is  hereby  constituted,  with  such  powers  and  duties 
a.s  are  prescribed  by  law.  On  the  passage  of  this  act,  the 
governor  must  nominate  and,  by  and  with  the  consent  of 
the  senate,  appoint,  one  of  said  commissioners  to  hold 
office  for  two  years,  one  for  three  years,  and  one  for  four 
years,  from  the  dates  of  their  respective  commissions,  and 


565  PUBLIC    WATERS.  §  2521 

until  their  successors  are  qualified.  The  said  officers  must 
thereafter  be  nominated  by  the  governor,  and  by  and  with 
the  consent  of  the  senate,  be  appointed  for  four  years  from 
the  dates  of  their  respective  commissions,  and  until  their 
successors  are  qualified.  If  the  term  of  office  of  any  com- 
missioner expire  during  the  recess  of  the  senate,  the  gov- 
ernor must  grant  a  commission  to  his  successor,  which 
shall  be  valid  to  all  intents  and  purposes,  subject,  however, 
to  the  consent  of  the  senate  at  its  next  regular  session.  If 
a  vacancy  occur  from  any  cause  in  the  office  of  a  com- 
missioner before  the  expiration  of  his  term,  his  successor 
must  be  appointed  and  hold  office  only  for  the  unexpired 
portion  of  such  term.  In  case  the  senate,  during  its  ses- 
sion, fail  to  act  on  or  refuse  its  consent  to  any  nomination 
the  governor  may  make  of  persons  to  constitute  the  board 
herein  first  provided  for,  or  to  fill  a  vacancy  occurring 
thereafter  by  expiration  of  the  term  or  otherwise,  he  must, 
after  the  adjournment  of  the  senate,  grant  a  commission 
for  the  terms  herein  provided  for,  or  for  the  unexpired  por- 
tion of  such  term,  as  the  case  may  be,  subject,  however, 
to  the  consent  of  the  senate  at  its  next  regular  session; 
provided,  that  upon  the  passage  of  this  act,  the  governor 
shall  nominate  three  persons  to  fill  such  offices  for  the 
first  term  and  submit  them  to  the  senate  at  least  one  day 
before  its  final  adjournment.  The  commissioner  first  ap- 
pointed for  four  years,  and  thereafter  his  successors,  shall 
be  the  president  and  executive  officer  of  the  board.  It 
shall  be  his  duty  to  preside  at  its  meetings,  to  supervise 
the  official  conuuct  of  all  its  officers  and  employees, 
especially  in  the  collection,  custody,  and  disbursement  of 
the  revenues,  and  to  require  that  all  the  books,  papers,  and 
accounts,  be  accurately  kept  and  in  proper  form,  and  all 
the  provisions  of  law  and  the  regulations  of  the  board  be 
enforced  and  observed.  He  may  administer  official  oaths 
to  the  officers  and  employees  of  the  board,  except  the  other 
commissioners,  and  to  all  other  persons  in  relation  to  the 
business  of  the  board.  En.  Stats.  1875-6,  32.  Am'd.  1883, 
48. 

Cal.  Rep.  Cit.     63,  339;  111,  583. 

Harbor  commissioners,  ex-officio  members:   Sec.  2531. 

Various  acts  relating  to:  See  post.  Appendix,  title  Har- 
bor Commissioners. 

§2521.  Bonds.  Employees.  The  president  of  the  board 
must  give  an  official  bond  in  the  sum  of  fifty  thousand 


§  2522  PUBLIC    WATERS.  66« 

dollars,  and  each  of  the  other  commissioners,  in  the  sum 
of  fifty  thousand  dollars,  which  must  be  approved  by  the 
governor  and  state  treasurer  by  written  indorsement 
thereon,  and  within  fifteen  days  after  the  date  of  their 
respective  commissions  must  be  filed  and  recorded  in  the 
office  of  the  secretary  of  state,  together  with  the  official 
oath  prescribed  by  law.  The  commissioners  shall  not  be 
sureties  for  one  another,  nor  shall  any  officer  of  the  state, 
nor  any  officer  or  member  of  the  legislature,  be  accepted 
as  surety  on  said  bonds.  As  scon  as  the  commissioners 
first  appointed  undei  this  act  have  qualified,  the  offices  of 
the  present  commissioners  shall  be  and  are  hereby  de- 
clared to  be  vacant.  The  board,  on  entering  on  the  duties 
of  their  office,  must  appoint  the  following  officers,  viz.:  A 
secretary,  an  assistant  secretary,  an  attorney,  a  chief 
engineer,  a  chief  wharfinger,  and  such  number  of  wharf- 
ingers and  collectors  as  they  deem  necessary.  Such 
officers  shall  hold  for  a  term  of  four  years  from  the  dates 
of  their  respective  appointments,  but  may  be  removed  by 
the  board  at  any  time,  after  due  investigation,  for  causes 
affecting  their  official  character  or  competency.  The  order 
for  such  removal,  stating  distinctly  the  causes  therefor, 
must  be  entered  on  their  minutes.  In  case  of  a  vacancy  in 
such  offices  by  the  expiration  of  a  term,  or  for  any  other 
cause,  the  board  must  fill  the  same  by  an  appointment  for 
four  years.     En.  March  12,  1872.     Am'd.  187.5-6,  32;  1883,  49. 

Cal.  Rep.  Cit.  47,  447;  81,  20;  81,  23;  81,  32;  81,  35;  81, 
36;    81,  37;    85,  414. 

Official  bonds  generally:  Ante,  sees.  947-987.  Required 
by  this  article  to  be  to  the  people  of  state:  Post,  sec.  2546. 

Ex-officio  members  of  board:   Post,  sec.  2531. 

Official  oath:   Ante,  sees.  904-910. 

Seal  of  board:  Post,  sec.  2547. 

Qualifications  of  officers:    Post,   sec.   2545. 

§  2522.  Employees  and  their  duties.  The  secretary 
must  keep  the  office  of  the  board  open  every  day,  legal 
holidays  excepted,  from  nine  o'clock  A.  M.  till  four  o'clock 
P.  M.  He  shall  safely  keep  and  be  responsible  for  all 
moneys  paid  into  the  office,  and  for  all  the  books  and 
papers  of  the  board,  attend  their  meetings  and  keep  a 
perfect  record  of  their  proceedings,  with  the  names  of  the 
commissioners  present  thereat.  He  must  keep  in  proper 
books  an  account  of  all  moneys  received  and  paid,  and  on 


MT  PUBLIC    WATERS.  {  2522 

ov  before  the  fifth  day  of  each  month  must  send  to  the 
state  controller  a  statement  thereof,  under  oath,  for  the 
preceding  month,   showing  the  sources  from  which   such 
moneys  were  received,  and  the  purposes  for  which  they 
were   paid,   and    must   also    report    to   the    controller   the 
amount  paid  to  the  state  treasurer  for  the  month  covered 
by  such  statement.     ITe  must  enter  daily,  in  proper  wharf- 
books,  the  returns  made  by  the  wharfingers  and  collectors, 
and,  on  the  last  day  of  each  month,  settle  the  accounts  of 
each   of   them,   and   balance   the   said    books    as   soon   as 
possible   thereafter.     When   money  is   received   from   any 
source,  he  must  retain  a  stub   corresponding  in  number, 
date,   and    amount,   with   the   receipt  given   therefor,   and 
he  must  require  the  person  paying  it  to*  sign  said  stub. 
He  must  record,  at  length,  all  contracts  and  agreements 
made   by  the   board,   and   keep   a   record   of   all   personal 
property  purchased,  and  its  cost;  and  in  case  any  be  sold, 
the  name  of  the   purchaser,   date   of  sale,   and  the  price 
received   therefor.     Before   entering  on   the   duties   of  his 
office,  he  must  give  an  official   bond  in  the  sum  of  fifty 
thousand  dollars,  and  take  and  subscribe  an  official  oath. 
Said   bond   must  be   approved   by   the   board,   by   written 
indorsement  thereon,  and  be  filed  with  such  oath  in  the 
office  of  the  secretary  of  state.     The   assistant  secretary 
shall  attend   at   the   office   during  office  hours,   and   must 
perform  such  service  as  may  be  required  of  him  by  the 
secretary  or  the  board.     Before  entering  on  the  duties  of 
his  office,  he  must  give  an  official   bond,   in  the   sum  of 
twenty  thousand  dollars,  and  take  and  subscribe  an  official 
oath.     Said  bond  must  be  approved  by  the  board  by  written 
iadorsement  thereon,  and  be  filed  with   such  oath  in  the 
office  of  the  secretary  of  state.     The  attorney  sball  attend 
to  the  prosecution  and  defense  of  all  suits,  and  render  such 
legal   service   as   may  be  required   of  him   by  the  board. 
The  chief  engineer  r-ust  prepare  such  plans  and  specifi- 
cations as  the  board  may  direct,  and  if  adopted,  and  the 
work  ordered  by  the  board  to  be  done,  must  superintend 
its  construction.     He  must  give  constant  attention  to  the 
condition  of  the  sea  wall  and  thoroughfare,  of  the  sheds, 
wharves,  piers,  and  landings,  of  the  streets  or  parts  thereof 
under  the  jurisdiction  of  the  board,  and  when  repairs  are 
needed,   must  forthwith   report  to  the   board,  in   writing, 
their  nature  and  extent,  and  if  ordered  by  the  board,  must 
have  the  same  done  at  once.     He  must  keep  himself  in- 
formed as  to  the  depth  of  water  in  the  various  docks  and 
slips,  and  report  to  the  board,  from   time  to  time,  what 


§  2522  PtTBI.IC    WATERS.  668 

dredging  is  required.  lie  must  keep  a  register,  properly 
indexed,  sliowing  the  date,  place,  and  cliaracter  of  every 
piece  of  work  done  and  dock  dredged,  when  begun  and 
when  finished,  with  proper  descriptions  and  drawings.  He 
must  take  and  subscribe  an  official  oath,  and  give  a  bond 
in  the  sum  of  ten  thousand  dollars,  to  be  approved  by  the 
board  by  written  indorsement  thereon.  Said  bond  and 
oath  must  be  filed  in  the  office  of  the  board.  The  chief 
V  harfinger  must  station,  berth,  and  regulate  the  position 
of  vessels  in  the  docks  and  harbor,  and  cause  them  to 
remove  from  time  to  time,  and  from  place  to  place,  as  the 
general  convenience,  safety,  and  good  order  may  require. 
Subject  to  ■:.  3h  regulation,  he  must  assign  berths  to 
vessels  in  the  o'rder  of  their  application  after  entering  the 
harbor.  He  must  supervise  the  wharfingers,  and  report 
to  the  board  all  cases  of  failure  to  perform  their  duties, 
and  require  all  shipmasters,  consignees,  pilots,  and  masters 
of  towboats  to  conform  to  the  regulations  of  the  board. 
He  must  require  the  docks,  slips,  wharves,  piers,  and  other 
premises  under  the  jurisdiction  of  the  board  to  be  kept 
free  of  all  obstructions,  and  when  parties  fail  to  obey  his 
order  to  remove  the  same,  he  must  forthwith  report  the 
fact  to  the  board,  and  execute  their  orders  in  relation 
thereto.  He  must  tuke  and  subscribe  an  official  oath,  and 
give  such  official  bond  as  the  board  may  require,  subject 
to  their  approval,  to  be  indorsed  thereon.  Said  bond  and 
oath  must  be  filed  in  the  office  of  the  board.  The  wharf- 
ingers shall  have  supervision  of  the  wharves  to  which  they 
are  assigned,  and  must  require  the  regulations  of  the  board 
and  orders  of  the  c:  ef  wharfinger  to  be  respected  and 
obeyed,  and  good  order  be  preserved  thereon.  The  col- 
lectors must  collect  the  revenues  in  such  manner  as  the 
board  may  direct,  and  must  daily  account  for  and  pay  all 
moneys  into  the  office.  The  wharfingers  and  collectors 
must  each  take  and  subscribe  an  official  oath,  and  give 
such  official  bond  as  the  board  may  require,  subject  to  their 
approval,  to  be  indorsed  thereon;  said  bond  and  oath  to 
I-  filed  in  their  office.  All  the  above-named  officers  must 
perform  such  other  duties  pertaining  to  their  positions  as 
the  board  may  from  time  to  time  prescribe.  The  board 
may,  in  its  discretion,  employ  an  assistant  to  the  chief 
engineer,  an  assistant  to  the  chief  wharfinger,  a  draftsman, 
a  superintendent  of  dredgers,  and  such  men  on  the 
dredgers,  scows,  towboats,  and  fireboats,  and  in  doing 
urgent  repairs,  as  they  deem  advisable,  and  prescribe  their 
bonds,  duties,   and  compensation;    such    employees    shall 


569  PUBLIC   WATERS.  S§  2523,  2524 

hold  their  positions  and  be  removable  at  the  pleasure  of 
the  board;  but  no  officer  or  employee  of  the  board  shall  be 
removed  or  otherwise  prejudiced  for  refusing  to  contribute 
to  any  political  fund,  or  to  render  any  political  service; 
nor  shall  the  board,  collectively  or  individually,  use  their 
official  influence  to  coerce  the  political  action  of  any  such 
officers  and  employees.  Nor  shall  the  state  dredgers  be 
employed  to  dredge  slips  not  under  the  control  of  the  state, 
nor  private  work  of  any  character.  En.  March  12,  1872. 
Am'd.  1875-6,  33;  1883,  50;  1887,  222. 

Cal.  Rep.  Cit.     81,  23;  81,  32;  81,  33;  90,  187;  95,  77;  118, 
609. 

§  2523.  Actions  for  property,  money,  and  removal  of 
obstructions.  The  commissioners  may  institute  and  prose- 
cute to  final  judgment,  actions  in  the  name  of  the  people 
of  the  state  of  California,  for  the  possession  of  any  portion 
of  the  premises  described  in  this  article,  situate  between 
the  inshore  line,  or  line  nearest  the  main  line,  and  the  line 
off-shore  six  hundred  and  fifty  feet  therefrom,  and  parallel 
therewith,  or  for  the  annulling  of  any  lease  or  contract 
entered  into  by  the  commissioners  in  behalf  of  the  state, 
by  virtue  of  any  general  or  special  law,  or  for  the  collection 
of  any  money  due,  or  that  may  become  due  the  state  by 
authority  of  this  article;  and  the  commissioners  may  also 
institute  and  prosecute  to  final  judgment,  actions  for  the 
removal  of  all  unlawful  obstructions  in  or  upon  said 
premises,  or  for  the  removal  of  all  unlawful  obstructions 
in  or  upon  the  streets  through  the  center  of  which  the 
inshore  line,  or  line  nearest  the  main  land,  bounding 
said  premises,  runs.  They  may  also  remove  any  unlawful 
obstructions  thereon  after  the  owner,  possessor,  or  occu- 
pant of  such  obstructions  shall  have  five  days'  notice,  in 
writing,  to  remove  the  same,  either  served  on  such  owner, 
possessor,  or  occupant,  or  posted  upon  said  obstruction 
by  the  chief  wharfinger,  assistant  wharfinger,  or  wharf- 
inger.    En.  March  12,  1872.     Am'd.  1875-6,  35. 

Cal.  Rep.  Cit.     95,  77;  130,  448. 

§  2524.  Jurisdiction  of  board.  The  commissioner  shall 
have  possession  and  control  of  that  portion  of  the  bay  of 
San  Francisco,  together  with  all  the  improvements,  rights, 
privileges,  easements,  appurtenances  connected  therewith. 


§  2523  PUBLIC    WATERS.  670 

or  in  any  wise  appertaining  thereto,  for  the  purposes  in 
this  article  provided  (excepting  such  parcels  thereof  as 
are  held  by  the  lessees,  or  their  assigns,  on  valid  leases, 
which  parcels  so  held  it  is  hereby  made  the  duty  of  the 
commissioners  to  talce  possession  of,  together  with  the 
improvements  thereon,  as  soon  as  said  leases  terminate, 
and  also  to  see  that  the  lessees,  or  their  successors  or 
assigns,  do  not  exercise  rights  and  privileges  that  are  not 
conferred  by  said  leases),  bounded  as  follows,  to  wit:  Com- 
mencing at  the  point  where  the  easterly  line  of  the  Presidio 
reservation  intersects  the  water-line  front,  as  established 
by  the  board  of  state  tide  land  commissioners;  thence 
easterly  along  said  water-line  front  to  the  center  of 
Webster  street;  thence  southerly  along  the  center  of 
Webster  street  to  the  center  of  Lewis  street;  thence 
easterly  along  the  center  of  Lewis  street  to  the  center  of 
Polk  street;  thence  southerly  along  the  center  of  Polk 
street  to  the  center  of  Tonquin  street;  thence  easterly 
along  the  center  of  Tonquin  street  to  the  center  of  Larkin 
street;  thence  southerly  along  the  center  of  Larkin  street 
to  the  center  of  Jefferson  street;  thence  easterly  along 
the  center  of  Jefferson  street  to  the  center  of  Powell 
street;  thence  southerly  along  the  center  of  Powell  street 
to  the  center  of  Beach  street;  thence  easterly  along  the 
center  of  Beach  street  to  the  center  of  Dupont  street; 
thence  southerly  along  the  center  of  Dupont  street  to  the 
center  of  North  Point  street;  thence  easterly  along  the 
center  of  North  Point  street  to  the  center  of  Kearny 
street;  thence  southerly  along  the  center  of  Kearny  street 
to  the  center  of  Francisco  street;  thence  easterly  along 
the  center  of  Francisco  street  to  the  center  of  Mont- 
gomery street;  thence  southerly  along  the  center  of  Mont- 
gomery street  to  the  center  of  Chestnut  street;  thence 
easterly  along  the  center  of  Chestnut  street  to  the  center 
of  Sansome  sreet;  thence  southerly  along  the  center  of 
Sansome  street  to  the  center  of  Lombard  street;  thence 
easterly  along  the  center  of  Lombard  street  to  the  center 
of  Battery  street;  thence  southerly  along  the  center  of 
Battery  street  to  the  center  of  Greenwich  street;  thence 
easterly  along  the  center  of  Greenwich  sti^jt  to  the  center 
of  Front  street;  thence  southerly  along  the  center  of 
Front  street  to  the  center  of  Vallejo  street;  thence  east- 
erly along  the  center  of  Vallejo  street  to  the  center  of 


871  PUBLIC    WATERS.  9  2524 

Davis  street;  thence  southerly  along  the  center  of  Davis 
street  to  the  center  of  Pacific  street;  thence  easterly 
along  the  center  of  Pacific  street  to  the  westerly  line  of 
East  street;  thence  southerly  along  the  westerly  line 
of  East  street  to  the  center  of  Folsom  street;  thence 
westerly  along  the  center  of  Folsom  street  to  the  center 
of  Steuart  street;  thence  southerly  along  the  center  of 
Steuart  street  to  the  center  of  Harrison  street;  thence 
southerly  on  a  direct  line  with  said  Steuart  street  two 
hundred  and  fifty-three  feet  nine  inches,  to  the  center  of 
a  street  the  name  of  which  is  not  on  a  map;  thence  at 
right  angles  westerly  along  the  center  of  said  street  to  the 
center  of  Spear  street;  thence  southerly  along  the  center 
of  Spear  street  to  the  center  of  Bryant  street;  thence 
westerly  along  the  center  of  Bryant  street  to  the  center 
of  Beale  street;  thence  southerly  along  the  center  of  Beale 
street  to  the  center  of  Brannan  street;  thence  westerly 
along  the  center  of  Brannan  street  to  the  center  of  First 
street;  thence  southerly  along  the  center  of  First  street 
to  the  center  of  Townsend  street;  thence  westerly  along 
the  center  of  Townsend  street  five  hundred  and  fifty  feet 
to  the  center  of  a  street  the  name  of  which  is  not  on  a 
map;  thence  at  right  angles  southerly  along  the  center  of 
said  street  to  the  center  of  King  street;  thence  westerly 
along  the  center  of  King  street  to  the  center  of  Second 
street;  thence  southerly  along  the  center  of  Second  street 
to  the  center  of  Berry  street;  thence  westerly  along  the 
center  of  Berry  street  to  the  center  of  Third  street; 
thence  southerly  along  the  center  of  Third  street  to  the 
northerly  line  of  Channel  street;  thence  westerly  along  the 
last-mentioned  line  to  the  easterly  line  of  Fifth  street; 
thence  southerly  along  said  last-mentioned  line  to  the 
southerly  line  of  said  Channel  street;  thence  easterly  along 
said  last-mentioned  line  to  the  center  of  Kentucky  street; 
thence  southerly  along  the  center  of  Kentucky  street  to 
the  center  of  Fourth  street;  thence  along  the  center  of 
Fourth  street  to  the  center  of  Louisiana  street;  thence 
southerly  along  the  center  of  Louisiana  street  to  the  center 
of  El  Dorado  street;  thence  westerly  along  the  center  of 
El  Dorado  street  to  the  center  of  Illinois  street;  thence 
southerly  along  the  center  of  Illinois  street  to  the  center 
of  Solano  street;  tnence  easterly  along  the  center  of 
Solano  street  to  the  water  front  line  established  by  the 

19 


§  2524  PUBLIC   WATERS.  672 

board  of  state  tide  land  commissioners;  thence  southerly 
along  said  last-mentioned  line  to  the  center  of  Tulare 
street;  thence  westerly  along  the  center  of  Tulare  street 
to  the  center  of  Texas  street;  thence  southerly  along  the 
center  of  Texas  street  to  the  center  of  Islais  street;  thence 
easterly  along  the  center  of  Islais  street  to  the  center 
ot  Waterfront  street;  thence  southerly  along  the  center  of 
Waterfront  street  to  the  center  of  India  street;  thence 
westerly,  southerly  and  easterly  along  the  center  of  said 
India  street  to  the  center  of  Waterfront  street,  to  the 
center  of  China  street;  thence  westerly  along  the  center 
of  China  street  to  the  center  of  Thir  avenue;  thence  south- 
erly along  the  center  of  Third  avenue  to  the  northerly  line 
of  the  property  of  the  California  Dry  Dock  Company;  thence 
easterly  along  said  1  st-mentioned  line  to  the  water-front 
established  by  the  board  of  state  tide  land  commissioners; 
thence  southerly  along  and  around  said  dry  dock  company's 
land  to  the  southeasterly  corner  thereof;  thence  westerly 
along  the  line  of  said  land  to  the  center  of  Waterfront 
street;  thence  southerly  along  the  center  of  Waterfront 
street  to  the  center  of  Nineteenth  avenue;  ihence  west- 
erly along  the  center  of  Nineteenth  avenue  to  the  center  of 
Dock  street;  thence  southerly  along  the  line  of  Dock  street 
to  the  center  of  Twenty -third  avenue;  thence  westerly 
along  the  center  of  Twenty-third  avenue  to  the  center  of 
H  street;  thence  southerly  along  the  center  of  H  street 
to  the  center  of  Twenty -fourth  avenue;  thence  easterly 
along  the  center  of  Twenty-fourth  avenue  to  the  center  of 
Waterfront  street;  thence  southerly  along  the  center  of 
said  Waterfront  street  to  the  southern  boundary  of  the 
city  and  county  of  San  Francisco;  thence  along  the  south- 
erly, easterly,  and  northerly  boundary  lines  of  said  city 
and  county  to  a  point  due  north  of  the  place  of  commence- 
ment, and  thence  south  to  the  place  of  commencement. 
But  no  harbor  embankment  or  sea  wall  shall  be  constructed 
outside  of  the  following  named  points  and  lines,  to  wit: 
Commencing  at  the  point  where  the  eastern  boundary  line 
of  the  Presidio  reservation,  extended  in  a  northerly  direc- 
tion, intersects  the  three-fathom  contour  line  shown  upon 
(he  chart  of  the  United  States  survey,  and  running  thence 
in  an  easterly  and  southerly  direction,  upon  straight  or 
curved  lines,  in  such  manner  as  to  approach  as  near  as 
practicable  the  extreme  outer  projections  of  the  water-line 


B73  PUBLIC    WATERS.  S  2524 

front,  as  described  in  an  act  to  provide  for  the  disposition 
of  certain  property  of  the  state  of  California,  passed  March 
twenty-sixth,  in  the  year  of  our  Lord  eighteen  hundred  and 
fifty-one,  to  a  point  at  or  near  the  intersection  of  Second 
and  Berry  streets;  thence  continuing  southerly,  upon 
straight  or  curved  lines,  in  such  a  manner  as  to  approach 
as  near  as  practicable:  the  extreme  outer  projections  of  the 
water-line  front,  as  established  by  the  board  of  state  tide 
land  commissioners,  to  the  southerly  boundary  of  said  city 
and  county  of  San  Francisco;  and  said  commissioners,  in 
addition  to  a  general  control  over  said  premises  shall 
have  authority  to  use,  for  loading  and  landing  merchandise, 
with  a  right  to  collect  dockage,  wharfage,  and  tolls  thereon, 
such  portion  of  the  streets  of  the  city  and  county  of  San 
Francisco,  ending  or  fronting  upon  the  waters  of  said  bay 
as  may  be  used  lor  such  purposes  without  obstructing  the 
same  as  thoroughfares;  and  authority  to  rent  an  ofllce  in 
the  city  and  county  of  San  Francisco,  between  Montgomery, 
Market,  and  Pacific  streets  and  the  city  front;  and  pur- 
chase from  time  to  time  suitable  books  for  the  records  of 
the  secretary  and  accounts  of  the  wharfingers,  together 
with  such  stationery  as  may  be  required  by  the  board ;  and 
to  fix  and  regulate,  from  time  to  time,  the  rates  of  dockage, 
wharfage,  cranage,  tolls  and  rents;  and  collect  such  an 
amount  of  revenue  therefrom  as  will  enable  the  commis- 
sioners to  perform  the  duties  required  of  them  by  authority 
of  this  article.  The  commissioners  shall  construct  such 
number  of  wharves  as  the  wants  of  commerce  shall  re- 
quire, and  shall  locate  such  wharves  at  such  points  and 
upon  such  lines  as  the  board  may  deem  most  suitable 
for  the  best  interests  of  commerce,  and  shall  repair  and 
maintain  all  the  wharves,  piers,  quays,  landings,  and 
thoroughfares  the  wants  of  commerce  may  require,  and 
generally  to  erect  all  such  improvements  as  may  be  nec- 
essary for  the  safe  landing,  loading  and  unloading,  and 
protection  of  all  classes  of  merchandise,  and  for  the 
safety  and  convenience  of  passengers  passing  into  and 
out  of  the  city  and  county  of  San  Francisco  by  water. 
And  for  the  purpose  of  repairing  said  wharves,  piers,  quays, 
and  landings,  the  commissioners  are  hereby  authorized 
and  empowered  to  purchase  or  construct  pile-drivers,  and 
the  necessary  machinery  to  be  used  therewith,  and  employ 
men  for  operating  the  same;  nor  shall  any  such  wharf  be 


8  2524  PUBLIC    WATERS.  674 

constructed  upon  such  place  or  line  as  will  cause  any  slip 
or  dock  to  be  less  than  one  hundred  and  thirty-six  feet 
wide  at  the  most  narrow  point  between  the  wharves.  The 
commissioners  are  hereby  authorized  and  empowered  to 
purchase  or  construct  works  for  preserving  piles  and 
timber,  and  the  necessary  machinery  to  be  used  therewith, 
and  operate  said  works,  and  for  that  purpose  to  employ 
men  and  purchase  chemicals,  or  such  other  materials  as 
maj'  be  necessary  for  the  preserving  of  piles  and  timber. 
The  purchase  of  chemicals  can  be  made  without  advertis- 
ing for  proposals  therefor.  When  they  determine  that  a 
new  wharf  shall  be  erected,  or  any  other  necessary  improve- 
ment constructed,  or  repairs  made,  or  dredging  machines, 
pile-drivers,  scows,  steam  tugs,  or  any  necessary  ma- 
chinery or  material  obtained,  the  costs  of  which  shall 
exceed  three  thousand  dollars,  they  shall  advertise  for 
sealed  proposals  for  a  period  not  less  than  ten  days,  in  one 
or  more  of  the  daily  newspapers  in  the  city  and  county  of 
San  Francisco.  Every  proposal  shall  be  accompanied  by 
a  certified  check  for  an  amount  equal  to  five  per  cent  of 
the  amount  of  such  proposal,  such  check  to  be  made 
payable  to  the  order  of  the  secretary  of  said  board;  con- 
ditioned, if  the  proposal  is  accepted  and  the  contract 
awarded,  and  if  the  bidder  shall  fail  or  neglect  to  execute 
the  contract  and  give  the  bond  required  within  six  days 
after  the  award  is  made,  in  that  case  the  said  sum  men- 
tioned in  said  check  shall  be  paid  into  the  state  treasury 
by  said  secretary,  as  liquidated  damages  for  such  failure 
and  neglect,  as  a  portion  of  the  San  Francisco  Harbor 
improvement  fund.  Such  advertisement  shall  contain  a 
general  description  of  the  work  to  be  done,  the  material 
to  be  used,  the  place  where  to  be  used,  and  must  refer  to 
specifications,  which  must  contain  a  full  and  accurate 
description  of  the  work  to  be  performed,  the  material  to 
be  used,  and  where  to  be  used;  which  specifications  shall 
be  kept  in  the  office  of  the  secretary  of  the  board  in  such 
manner  that  all  persons  may  inspect  the  same  during  the 
I  sual  business  hours  of  all  days  except  Sundays  and  holi- 
days. On  a  day  named  in  the  advertisement,  the  commis- 
sioners shall  open  the  bids  in  the  presence  of  such  bidders 
as  are  present,  and  award  the  contract  to  the  lowest 
bidder,  who  hall  furnish  sufficient  sureties  to  guarantee 
tne  performance  of  the  work.    If,  in  the  opinion  of  the 


675  PUBLIC    WATERS.  S  2524 

commissioners,  the  bids  are  too  high,  they  may  reject  them, 
and  advertise  anew  in  like  manner  as  before.  If,  in  the 
opinion  of  the  commissioners,  the  second  bids  are  too  high, 
they  may  reject  them  likewise,  and  enter  into  contract 
with  responf,ible  parties  without  giving  further  notice. 
Any  contract  entered  into  without  giving  public  notice  and 
receiving  bids,  must  be  at  least  ten  per  cent  lower  than 
the  lowest  rejected  bid.  The  board  may  construct  such 
harbor  embankment  or  seawall  as  shall  be  necessary  to 
protect  the  harbor  of  San  Francisco,  and  dredge  such 
number  of  slips  and  docks  as  the  commerce  of  the  port 
of  San  Francisco  may  require,  to  a  depth  that  will  admit 
of  the  easy  and  free  Ingress  and  egress  of  all  classes  of 
watercraft  that  load  and  discharge  cargoes  at  the  wharves, 
piers,  quays,  landings,  and  thoroughfares  in  the  harbor 
of  San  Francisco;  to  perform  which  dredging  the  board 
of  state  harbor  commissioners  are  hereby  authorized 
and  empowered  to  purchase  or  construct  dredging  ma- 
chines, scows,  steam  tugs  and  the  necessary  machinery, 
and  employ  men  for  operating  the  same.  When  any  portion 
of  the  premises  described  in  this  article  shall  be  dredged, 
the  sand,  mud,  or  other  substance  shall  be  deposited  in  a 
place  designated  by  the  board  in  not  less  than  fifteen 
fathoms  of  water.  All  classes  of  watercraft  that  uses  or 
makes  fast  to  any  wharf,  pier,  quay,  Ian  ling,  or  thorough- 
fare, and  lands  upon  or  loads  therefrom  any  goods,  wares, 
or  merchandise,  shall  be  liable  and  must  pay  to  th3  com- 
missioners such  rates  of  dockage  as  shall  be  fixed  by 
authority  of  this  article;  and  all  such  Watercraft  as  shall 
discharge  or  receive  any  goods,  wares,  or  merchandise, 
while  moored  in  any  slip,  dock  or  basin  within  the  juris- 
diction of  the  commissioners,  shall  pay  one-half  the 
regular  rates  of  docKage.  Any  watercraft  that  shall  leave 
any  wharf,  pier,  quay,  landing,  th  jroughfare,  slip,  dock,  or 
basin,  unless  forced  to  do  so  by  stress  of  weather,  without 
first  paying  the  dockage  due  from  such  vessel,  shall  be 
liable  to  pay  double  the  regular  rates.  The  charge  for 
wharfage  and  tolls  shall  be  a  lien  upon  all  goods,  wares, 
and  merchandise  landed  upon  any  of  the  wharves,  piers, 
quays,  landings  or  thoroughfares  upon  the  premises  de- 
scribed in  this  article;  and  the  commissioners,  their  agents 
or  lessees,  may  hold  possession  of  any  such  goods,  wares, 
or  merchandise  so  landed  as  aforesaid,  to  secure  the  pay- 


§  2524  PUBLIC    WATERS.  876 

ment  of  such  wharfage  and  tolls;  and  for  the  purpose  of 
such  lien  are  deemed  to  have  possession  of  such  goods, 
wares  and  merchandise  so  landed  until  such  charge  for 
wharfage  and  tolls  are  paid.  The  commissioners  shall  have 
power  to  make  reasonable  rules  .-nd  regulations  concern- 
ing the  control  and  management  of  the  property  of  the 
state  which  is  intrusted  to  them  by  virtue  of  this  article, 
and  said  commissioners  are  hereby  authorized  and  re- 
quired to  make,  without  delay,  and  from  time  to  time,  and 
publish  not  less  than  thirty  days  in  a  daily  newspaper  of 
general  circulation  published  in  the  city  and  county  of 
San  Francisco,  all  needful  rules  and  regulations  not  incon- 
sistent with  the  laws  of  the  state  or  of  the  United  States 
in  relation  to  the  mooring  and  anchoring  of  vessels  in 
saia  harbor,  providing  and  maintaining  free,  open,  and 
unobstructed  passage v  ays  for  steam  ferryboats  and  other 
steamers  navigating  the  waters  ^f  the  bay  of  San  Francisco 
and  the  fresh  water  tributaries  of  said  bay,  so  that  such 
steamers  can  conveniently  make  their  trips  without  impedi- 
ment from  vessels  at  anchor  or  other  obstacles.  And  said 
commissioners  may  also  make  all  needful  rules  and  regu- 
lations governing  the  removal  of  such  vessels  from  the 
wharves  and  other  landings,  and  from  slips  and  docks  as 
are  not  engaged  in  receiving  or  discharging  cargo,  pre- 
scribing the  time  during  which  goods,  wares,  and  merchan- 
dise landed  upon  £.ny  wharf,  pier,  quay,  landing,  or 
thoroughfare  shall  be  permitted  to  remain  thereon,  and 
may  divide  the  same  into  several  classes,  and  may,  by 
such  rules  and  regulations,  provide  that  in  case  any  such 
goods,  wares,  or  merchandise  remain  upon  any  wharf, 
pier,  quay,  landing,  or  thoroughfare  beyond  the  term  so 
prescribed,  the  respective  wharfinger  may,  under  the  order 
of  the  commissioners,  remove  and  deposit  the  same  in  a 
suitable  place,  at  the  charge,  risk,  and  expense  of  the 
owner  thereof.  When  any  goods,  wares,  or  merchandise 
shall  have  remained  upon  any  wharf,  pier,  quay,  landing, 
or  thoroughfare  more  than  twenty-four  hours,  the  com- 
missioners may,  in  their  discretion,  charge  such  additional 
rates  for  each  subsequent  day  as  in  their  opinion  is  just 
and  equitable.  The  commissioners  may,  in  their  discretion, 
set  apart  and  assign,  for  the  exclusive  use  of  the  water- 
craft  used  by  the  officers  of  the  federal  government,  such 
convenient  and  safe  landings  as  such  officers  may  require, 


577  PUBLIC    WATERS.  8  2524 

together  with  suitable  premises  near  such  landings  as  may 
be  set  apart  and  assigned  for  their  use,  upon  whicli 
premises  such  officers  may  cause  to  be  erected  offices  and 
storehouses  to  suit  their  convenience;  and  the  commis- 
sioners shall  charge  a  reasonable  compensation  per  month 
for  the  use  of  such  landings  and  office  and  storehouse 
premises;  set  apart  and  assign  a  suitable  and  proper 
locality  for  the  use  of  the  harbor  police  of  the  city  and 
county  of  San  Francisco,  and  also  a  suitable  place  for  a 
boathouse  station,  for  the  exclusive  use  of  the  quarantine 
and  health  officers  of  said  city  and  county,  without  com- 
pensation; jet  ipart  and  assign,  for  the  exclusive  use  of 
steam  ferryboats,  suitable  slips,  in  which  such  structures 
may  be  erecivjd  as  will  secure  the  safe  and  convenient 
landing  of  passengers  and  safe  landing  and  delivery  of 
freight;  set  apart  and  assign  suitable  wharves,  berths,  or 
landings  for  the  exclusive  use  of  vessels;  to  construct 
suitable  sheds,  gates,  and  other  temporary  structures  as 
may  be  necessary  for  the  safe  and  convenient  landing  of 
passengers  and  safe  landing  and  delivery  of  freight;  and 
set  apart  and  assign,  for  the  sole  and  exclusive  use  of  the 
fishermen  of  the  city  and  county  of  San  Francisco,  such 
place  or  places  as  the  said  commissioners  shall  deem 
proper,  sufficient,  and  adapted  for  the  requirements  and 
necessities  of  said  fishermen;  provided,  the  premises  set 
apart  by  said  commissioners  shall  be  used  only  for  the 
legitimate  business  of  said  fishermen,  and  for  no  other 
purpose;  and  provided,  said  commissioners  shall  not  charge 
therefor  more  than  the  following  rates:  For  boats  over 
twenty-two  feet  and  under  forty  feet  long,  one  dollar  per 
week;  for  Doats  from  sixteen  to  twenty-two  feet  long, 
seventy-five  cents  per  week;  and  for  all  boats  less  than 
sixteen  feet  long,  twenty-five  cents  per  week.  The  com- 
missioners may  assign  suitable  places  for  the  landing  of 
horses,  cattle,  sheep,  swine;  and  when  such  places  have 
been  assigneu,  it  shall  be  a  misdemeanor  for  a  commander 
of  any  watercraft  to  land  any  greater  number  than  ten  at 
any  one  time  from  any  watercraft  at  any  other  place.  The 
commissioners  may  set  apart,  for  the  uses  and  purposes 
of  dry  docks  and  marine  railways,  such  portions  of  the 
water  front  northwesterly  of  the  northerly  end  of  Kearny 
street,  and  southerly  of  the  easterly  end  of  Solano  street, 
as   the   wants   of   commerce   may   require.    The   commis- 

Pol.  Code— 37 


g  2524  PUBLIC   WATERS.  878 

sioners  shall  not  have  the  right  to  renew  any  lease,  or  to 
lease  any  premises  under  their  control  for  any  purpose 
whatever,  except  as  otherwise  specially  provided,  but  they 
may  permit  any  property  under  their  control  to  be  used 
by  any  corporation,  firm,  association,  person,  or  company, 
but  in  no  case  shall  any  corporation,  firm,  association, 
person,  or  company  enjoy  the  use  of  any  of  ibe  property 
under  the  commissioners'  charge,  except  such  use  as  shall 
be  terminated  as  herein  provided;  and  the  said  commis- 
sioners may  condemn,  purchase,  and  pay  a  reasonable 
compensation  for  such  structure  as  may  have  been  erected 
upon  the  said  premises,  which  structure,  in  the  opinion 
of  the  board  and  engineer  may  be  useful  for  such  com- 
mercial purposes  as  this  article  is  intended  to  promote. 
No  person  or  company  shall  land  or  remove  any  goods, 
wares,  or  merchandise  or  other  things,  upon  or  from  any 
wharf,  pier,  quay,  landing,  or  thoroughfare  situated  upon 
the  premises  described  in  this  article;  nor  shall  any  cor- 
poration, firm,  association,  company,  or  person  collect 
dockage,  wharfage,  cranage,  or  toll  within  the  boundaries 
of  the  premises  described  in  this  article,  without  first 
obtaining  permission  to  do  so  from  said  commissioners. 
Any  use  permitted  of  the  property  by  the  commissioners 
may  be  terminated  at  any  time  by  them,  on  thirty  days' 
previous  notice  to  tne  party  or  parties  so  using  the  same. 
Said  board  may,  when  the  wants  of  commerce  require,  lay 
down  such  -umber  of  tracks  along  and  oh  any  portion  of 
said  water  front  as  may  be  necessary  to  meet  such  wants, 
and  permit  the  use  thereof  to  any  corporation  or  associa- 
tion, or  any  person  or  persons,  under  such  rules,  regula- 
tions, and  at  such  compensation  as  said  board  may 
determine;  provided,  that  no  special  privileges  shall  be 
awarded  thereon  to  any  corporation,  association,  person, 
or  persons;  provided,  that  nothing  herein  shall  apply  to 
or  restrict  the  .se  of  any  premises  leased  for  terminal 
facilities  under  or  by  reason  of  xn  act  of  the  legislature 
entitled  "An  act  :o  amend  an  act  entitled  'An  act  to  amend 
an  act  entitled  'An  act  to  amend  section  six  of  an  act 
entitled  'An  act  concerning  the  waterfront  of  the  city  and 
county  of  San  Francisco,'  approved  March  fifteenth,  eigh- 
teen hundred  and  seventy-eight,  and  to  confer  further 
powers  upon  the  board  of  state  harbor  commissioners.' 
approved  March  seventeenth,  eighteen  hundred  and  eighty,' 


679  PUBLIC    WATERS.  9  2524 

approved  March  nineteenth,  eighteen  hundred  and  eighty- 
nine,  conferring  further  powers  upon  said  board,"  approved 
March  twenty-sixth,  eighteen  hundred  and  ninety-five,  and 
which  has  not  been  declared  forfeited  by  the  board  of 
harbor  commissioners;  and  provided  further,  that  switches 
from  said  railroad  track  or  tracks  may,  with  the  permission 
of  said  board,  and  under  the  limitations  and  conditions  of 
this  act,  be  constructed  by  corporations,  or  any  person  or 
persons,  leading  to  any  warehouse  or  place  of  business. 
Nor  shall  any  person  or  company  place,  or  cause  to  be 
placed,  any  obstructitns  in  that  portion  of  the  bay  of  San 
Francisco  described  in  this  article,  nor  upon  any  wharf, 
pier,  quay,  landing,  or  thoroughfare,  without  the  consent 
of  the  board.  Whenever  any  wharf,  pier,  quay,  landing, 
or  thoroughfare  in  the  harbor  of  San  Francisco  shall  be 
encumbered,  or  their  free  use  interfered  with,  by  goods.' 
wares,  merchandise,  or  other  substance,  whether  loose, 
or  built  upon,  or  fixed  to  any  such  wharf,  pier,  quay,  land- 
ing, or  thoroughfare  it  shall  be  the  duty  of  the  commis- 
sioners to  notify,  in  writing  (which  service  may  be  served 
by  a  wharfinger,  or  the  secretary  or  assistant  secretary  of 
the  board),  the  owner,  agent,  or  occupant,  or  person  placing 
or  keeping  such  obstructions  thereon,  to  remove  the  same 
within  twenty-four  hours  after  the  serving  of  such  notice; 
and  in  case  of  failure  to  comply  with  such  notice,  and 
remove  such  obstructions,  the  owner,  agent,  occupant,  or 
person  notified  shall  be  liable  to  pay  the  commissioners 
the  sum  of  twenty-five  dollars  for  each  and  every  day 
during  which  such  obstruction  shall  remain  upon  any  such 
wharf,  pier,  quay,  landing,  or  thoroughfare;  and  the  com- 
missioners shall  have  power,  in  their  discretion,  to  remove 
any  such  encumbering  substance,  and  store  the  same  in  any 
suitable,  convenient,  and  safe  place,  and  a  sum  equal  to  the 
amount  of  the  expenses  of  the  removal,  together  with 
all  other  necessary  charges,  shall  be  paid  by  the  owner  of 
such  encumbering  substance  to  the  commissioners,  and 
such  sum  and  necessary  charges  shall  be  a  lien  on  such 
substance  until  paid.  Dockage  shall  not  be  collected  on 
any  vessel  lying  at  anchor  outside  of  dock,  wharf,  or  slip. 
Nothing  in  this  section  shall  be  construed  as  authorizing 
the  board  of  harbor  commissioners  to  construct  any  rail- 
road along  and  upon  any  open  canal  extending  inland 
from  said  water  front.    But    said    harbor    commissioners 


S  2525  PUBLIC    WATERS.  680 

may,  when  a  water-front  railroad  shall  be  constructed  by 
them,  construct  the  same  across  the  outlet  of  such  open 
canal.  Provided,  nevertheless,  that  nothing  in  this  section 
contained  shall  be  construed  to  prevent  the  board  of  state 
harbor  commissioners,  the  governor  of  California,  and  the 
mayor  of  the  city  and  county  of  San  Francisco  acting  to- 
gether from  increasing  the  rates  of  dockage,  wharfage, 
cranage,  tolls  and  rents  during  the  period  expiring  the 
twenty-eighth  day  of  February,  A.  D.  1907,  to  such  an 
amount  as  they  may  deem  proper  and  necessary.  En. 
March  12,  1872.  Am'd.  1875-6,  36;  1887,  224;  1889,  380; 
1900,  9;  1901,  619;  June  14,  1906. 

By  the  amendatory   act  of  June  14,   1906,   all   acts   and 
parts  of  acts  in  conflict  with  the  above  section  were  re- 
pealed. 
•     Cal.   Rep.   Cit.     60.   326;    60,  350;    64,  502;    81,  30;    81,  35; 

81,  36;   92,  664;   101,  15;   111,  582;   111,  583;   111,  585; 

111.   587;    118,  610;    122,  353;    130,  444;    130,  445;    130, 

446;    130,    448. 

§  2525.  Extension  and  supervision  of  streets  along  water 
front.  The  board  of  state  harbor  commissioners  are  au- 
thorized to  extend  any  of  the  streets  lying  along  the  water 
front  of  said  city  and  county,  to  a  width  not  exceeding 
one  hundred  and  fifty  feet,  where  they  have  not  been 
already  so  extended.  The  outer  half  of  such  streets  must 
be  constructed  or  built  and  maintained  in  good  repair  by 
the  state  harbor  commissioners,  or  parties  holding  under 
them,  and  may  be  used  as  a  landing  place  or  pier,  on  which 
dockage,  wharfage,  and  tolls  may  be  collected.  And  until 
such  extensions  are  made,  the  commissioners  may  have 
and  use  as  a  landing  place,  with  full  power  to  collect 
dockage,  wharfage,  and  tolls  thereon,  so  much  of  the 
•streets  now  fronting  upon  the  water  front  as  may  be  used 
for  such  purpose  without  obstructing  the  same  as  a 
thoroughfare.  The  inner  half  of  such  streets  shall  be  con- 
structed and  maintained  in  good  repair  by  the  owners  of 
the  lots  abutting  thereon,  and  the  city  and  county  of  San 
Francisco.  The  commissioners  are  authorized  to  construct, 
across  the  outer  half  of  said  streets,  an  extension  of  the 
sewers  of  the  said  city  and  county.  If  it  be  necessary  to  take 
any  land  for  the  purpose  of  widening  any  such  street,  the 
commissioners  are  hereby  authorized  to  institute  and  prose- 
cute to  final  determination,  proceedings  therefor,  in  con- 
formity with  the  provisions  of  part  third,  title  seven,  of  the 
Code  of  Civil  Procedure,  and  to  pay  such  compensation  as 


581  PUBLIC   WATERS.  5S  2526.  2527 

may  be  assessed  for  such  land  taken.  When  it  becomes 
necessary  for  the  commissioners  to  construct  any  wharves 
on  the  line  of  the  water  front,  they  are  authorized  to 
adopt  and  pay  for  any  structures  which  would  form  part 
of  such  wharves,  and  which  have  been  constructed  along 
such  line  by  private  parties,  prior  to  the  passage  of  this 
act.     En.  March  12,  1872.     Am'd.  1875-6,  43;   1875-6,  51. 

Cal.  Rep.  Cit.     60,  326;  60,  350. 

East  street  in  San  Francisco  made  a  thoroughfare:  See 
Stats.  1878,  p.  263. 

§  2526.  Limit  of  money  to  be  collected.  No  greater 
amount  of  money  shall,  in  the  main,  ever  be  collected  by 
the  collection  of  dockage,  wharfage,  tolls,  rents,  and 
cranage,  than  shall  be  necessary  to  construct  and  keep  in 
repair  such  number  of  wharves,  piers,  landings,  and 
thoroughfares,  construct  sheds,  dredge  such  number  of 
slips  and  docks,  construct  a  sea  wall  and  harbor  embank- 
ment, and  pay  incidental  expenses  allowed  to  be  paid  by 
this  article.     En.  March  12,  1872.     Am'd.  1875-6,  43. 

Cal.  Rep.  Cit.     Ill,  583. 

§  2527.  Requisites  of  valid  contract.  No  contract  or 
obligation  entered  into  by  the  harbor  commissioners, 
which  creates  a  liability  or  authorizes  the  payment  of 
money,  shall  be  valid  or  of  binding  force  unless  signed 
by  all  three  of  the  commissioners,  and  countersigned  by 
the  secretary  of  the  board;  nor  shall  any  contract,  in- 
volving the  payment  of  money,  be  made  by  the  said 
commissioners  unless  the  amount  then  to  the  credit  of 
the  harbor  improvement  fund,  together  with  the  revenue 
estimated  to  accrue  up  to  the  time  of  the  maturity  of 
such  contract,  over  and  above  the  current  expenses  of  the 
commission,  be  sufficient  to  meet  the  payments  to  become 
due  thereon;  provided,  such  estimate  of  revenue  shall 
be  limited,  as  to  time,  to  fifteen  (15)  years.  Where  the 
work  to  be  done  is  the  construction  of  a  new  wharf,  bulk- 
head, or  breakwater  and  its  appurtenances,  the  board  may 
lease  said  wharf,  bulkhead,  or  breakwater  and  its  appur- 
tenances for  a  period  not  to  exceed  fifteen  years,  and  for 
an  amount  not  to  exceed  the  cost  of  constructing  said 
work,  the  rents  therefrom  to  be  applied,  in  whole  or  in 
part,  in  payment  for  the  cost  of  such  construction,  and 
said  board  may  provide  in  the  contracts  for  the  same 
that  the  rents  therefrom  shall  be  so  applied,  or  the  work 


§§  2528,  2529  PUBLIC    WATERS.  682 

be   paid   for,   in   whole   or   in   part,   from   such   rents   and 
revenues. 

Sec.  2.  All  leases  hereunder  shall  be  made  upon  com- 
petitive bids  after  such  public  advertisement  as  the  com- 
missioners shall  deem  sufficient,  inviting  proposals  or  bids 
therefor,  and  shall  be  awarded  to  the  person  who  will 
pay  the  amount  required  to  construct  such  improvement, 
and  execute  and  take  a  lease  thereof  for  the  shortest 
period  of  such  time.  En.  March  12,  1872.  Am'd.  1875-6, 
44;  1877-8,  48;   1900,  19;  1903,  270. 

Cal.  Rep.  Cit.     54,  292;    54,  293;    81,  23;    111,  583. 

San  Francisco  Harbor  improvement  fund:  Post,  sec. 
2533. 

§  2528.  Disposition  of  moneys  collected.  All  moneys 
collected  shall  be  paid  into  the  state  treasury,  and  be 
credited  to  the  San  Francisco  Harbor  improvement  fund, 
at  least  once  in  each  month,  except  so  much  thereof  as 
may  be  necessary  to  pay  the  salaries  of  officers,  office 
rent,  cost  of  office  furniture,  books,  stationery,  lights, 
fuel,  expense  of  dredging,  expense  of  pile  driving  and 
piles,  expense  of  preserving  piles  and  timber,  cleaning  the 
wharves  and  bulkheads,  legal  and  other  incic'ental  ex- 
penses, and  in  addition  ten  thousand  dollars  per  month 
for  urgent  repairs,  wl  ich  last  sum,  if  so  much  be  required, 
may  be  used  in  repairing  the  wharves,  piers,  landings, 
thoroughfares,  sheds,  and  other  structures,  and  the  streets 
bounding  on  the  water  front  under  the  jurisdiction  of 
the  board  without  advertisement  for  proposals  therefor. 
Such  moneys  may  be  remitted  to  the  state  treasurer  by 
express.  En.  March  12,  1872.  Am'd.  1875-6,  ^4;  1883,  52; 
1887,  231;    1889,  388;   June  14,  1906. 

§  2529.  Vouchers,  drafts,  and  warrants.  The  commis- 
sioners shall  take  vouchers  for  all  sums  of  money  by 
them  expended  under  the  authority  of  this  article,  ex- 
cepting fifty  dollars  per  month  for  postage  stamps,  express, 
and  other  incidental  expenses,  and  safely  keep  the  same 
on  file  in  the  office  of  the  board.  For  all  sums  of  money 
paid  by  the  commissioners,  except  those  mentioned  in 
section  twenty-five  hundred  and  twenty-eight,  drafts  shall 


M  PUBLIC    WATERS.  §§  2530-2532 

be  drawn  by  them  on  the  controller  of  state,  counter- 
signed by  the  secretary  of  the  board,  and  the  controller 
of  state  shall  draw  his  warrant  on  the  state  treasurer, 
who  shall  pay  the  same  out  of  any  money  in  said  treasury 
credited  to  the  San  Francisco  Harbor  improvement  fund, 
No  warrant  shall  be  drawn  by  the  controller  upon  the 
treasurer  of  the  state,  as  provided  in  this  section,  unless 
the  order  bears  the  signatures  of  all  three  commissioners, 
and  of  the  secretary  of  the"  board.  En.  March  12,  1872. 
Am'd.  1875-6,  44. 

Cal.  Rep.  Cit.     53,  201. 

§  2530.  Reports  and  receipts.  On  the  payment  to  the 
state  treasurer  of  any  sum  of  money,  the  secretary  and 
state  treasurer  must  report  to  the  state  controller  the 
amount  so  paid,  and  the  trea.surer  must  give  the  secretary 
a  receipt  for  the  same.  Such  payments  shall  be  con- 
sidered as  payments  into  the  state  treasury,  and  the 
treasurer  shall  be  responsible  on  his  official  bond  therefor. 
En.  March  12,  1872.     Am'd.  1875-6,  44;  1883,  52;  1887,  232. 

§  2531.  Ex-officio  members  of  board.  The  governor 
of  the  state  and  the  mayor  of  the  city  and  county  of 
San  Francisco  are  hereby  made  ex-officio  additional  mem- 
bers of  the  board  of  state  harbor  commissioners,  for  the 
special  purposes  herein  mentioned,  and  shall  take  part 
in  the  action  of  the  board  as  hereinafter  provided.  En. 
March  12,  1872.     Am'd.  1875-6,  45. 

Cal.  Rep.  Cit.     81,  34. 

§  2532.  New  sea  wall  for  San  Francisco  Harbor.  The 
board  of  state  harbor  commissioners  are  hereby  author- 
ized and  empower^  and  directed,  within  six  months 
from  and  after  the  passage  of  this  act,  to  employ  two 
consulting  civil  engineers,  to  act  in  concert  with  the  en- 
gineers of  the  board,  to  make  a  survey,  select  and  locate 
a  new  line  for  a  harbor  embankment  or  sea  wall,  and 
make  a  report  of  their  doings  to  said  commissioners,  who 
shall,  after  receiving  the  same,  appoint  a  time  for  holding, 
at  the  office  of  the  board,  a  special  meeting  of  the  board 
to  consider  the  question  of  the  adoption  or  rejection  of  the 
same.     The   board    shall,    at    least   ten    days   previous    to 


§  2533  PUBLIC    WATERS.  BM 

said  meeting,  notify  the  governor  of  the  state  and  the 
mayor  of  the  city  and  county  of  San  Francisco  of  the  time, 
place,  and  object  of  said  meeting  of  said  board,  and  shall 
request  them  to  be  present  and  take  part  in  the  consid- 
eration of  the  question;  and  at  said  meeting  or  any  ad- 
journed meeting  thereof,  the  governor  and  mayor  shall 
be  deemed  additional  members  of  said  board,  with  like 
powers  and  rights  as  the  other  members  thereof.  If  they 
are  not  present  at  the  meeting,  the  board  shall  adjourn 
to  a  day  certain,  and  notify  them  anew,  as  before;  and 
if  either  be  present  at  the  adjourned  meeting,  with  three 
commissioners,  action  may  be  had,  and  an  affirmative 
vote  of  all  four  present  shall  determine  the  question; 
and  any  less  vote  shall  be  a  negative  vote.  But  the  board 
may  order  new  surveys  and  location,  which  may  be  adopted 
or  rejected  in  like  manner  as  before.  If  the  vote  is  in  the 
affirmative,  the  line  adopted  shall  be  thenceforth  the  line 
of  the  harbor  embankment  and  sea  wall  of  the  port  of 
San  Francisco.     En.  March  12,  1872.     Am'd.  1875-6,  45. 

Engineers  of  the  board:  See  ante,  sec.  2522. 

Line   of  the   harbor   embankment  and   sea   wall   of  the 
port  of  San  Francisco  fixed  by  Stats.  1878,  p.  263. 

Sea  wall  declared  a  public  use:   Stats.  1878,  p.  263. 

,  2533.     San    Francisco    Harbor   improvement   fund.     On 

and  after  the  passage  of  this  act,  the  treasurer  of  the 
state  shall  keep  the  money  remitted  to  him  by  the  board  of 
state  harbor  commissioners,  to  the  credit  of  a  fund  to 
be  known  as  the  San  Francisco  Harbor  improvement 
fund;  all  moneys  in  the  state  treasury  to  the  credit  of 
the  state  wharf  and  dock  fund  shall  be  transferred  by  the 
state  treasurer  to  the  San  Francisco  Harbor  improve- 
ment fund,  and  the  state  wharf  and  dock  fund  account 
shall  be  closed,  and  the  state  treasurer  shall  notify  the 
board  of  such  transfer,  after  which  all  drafts  drawn  by 
the  board  shall  be  paid  by  the  treasurer  out  of  the  San 
Francisco  Harbor  improvement  fund.  En.  March  12,  1872, 
Am'd.  1875-6,  45. 

San  Francisco  Harbor  improvement  fund,  special  refer- 
ences to:  Ante,  sees.  2527,  2528,  2529;  post,  2535. 

Transfer  of   San   Francisco   Harbor   protection   fund   to 
harbor  improvement  fund,  directed  by  Stats.  1876,  p.  761. 


685  PUBLIC    WATERS.  !§  2534-2536 

§  2534.  Limit  of  compensation  for  collecting  dockage, 
etc.  (Repealed.)  En.  March  12,  1872.  Am'd.  1875-6,  46. 
Rep.  1883,  52. 

§  2535.  State  treasurer's  receipts,  disbursements,  and 
account  books.  The  state  treasurer  shall  receive  all 
moneys  paid  by  the  state  harbor  commissioners,  and  keep 
the  same  in  a  separate  fund  to  be  known  as  the  San  Fran- 
cisco Harbor  improvement  fund,  and  pay  the  same  out  as 
provided  for  in  this  article,  and  shall  keep  an  accurate 
account  of  all  moneys  received  by  him  and  paid  out 
under  the  authority  of  this  article,  in  books  kept  solely 
for  that  purpose;  which  said  books  shall  be  open  at  all 
times  to  the  inspection  of  the  governor  and  controller  of 
state,  and  of  any  committee  appointed  by  the  legislature, 
or  by  either  branch  thereof.  En.  March  12,  1872.  Am'd. 
1875-6,  46. 

§  2536.  Proposals  and  contracts  for  construction  of 
new  sea  wail.  When  the  commissioners  determine  to 
construct  any  part  of  the  sea  wall,  they  must  advertise  for 
sealed  proposals  for  not  less  than  thirty  days,  in  not 
less  than  two  daily  papers  in  San  Francisco.  The  adver- 
tisement must  give  a  full  and  accurate  description  of 
the  work  to  be  done,  the  place  where  to  be  done,  and  the 
material  to  be  used  On  the  day  stated  in  the  advertise- 
ment, the  bids  must  be  opened  in  the  presence  of  such 
bidders  as  are  present,  and  the  contract  awarded  to 
the  lowest  bidder,  who  shall  give  a  bond,  with  two  or 
more  responsible  sureties,  to  be  approved  by  the  commis- 
sioners, for  the  due  performance  of  the  work.  Their 
approval  must  be  indorsed  on  said  bond.  If,  in  the 
opinion  of  the  commissioners,  the  bids  are  too  high,  they 
shall  reject  them  and  advertise  anew,  in  like  manner  as 
before.  And  if,  in  the  opinion  of  the  commissioners,  the 
second  bids  are  also  too  high,  they  shall  reject  them  like- 
wise, and  may  enter  into  a  contract  with  responsible 
parties  without  giving  further  notice.  The  parties  enter- 
ing into  a  private  contract  with  the  commissioners  must  give 
a  bond,  with  two  or  more  responsible  persons  as  sureties,  to 
be  approved  by  the  commissioners,  which  approval  shall 
be  by  writing  indorsed  upon  said  bond,  conditioned  for 
the  faithful  performance  of  the  contract.  But  the  con- 
sideration agreed  to  be  paid  in  any  contract  entered  into 
without  giving  public  notice,  must  be  five  per  cent  lower 


§  2536  PUBLIC    WATERS.  6» 

than  the  lowest  responsible  bid  rejected.  The  work  to 
be  performed  under  any  one  contract  shall  not  exceed  one 
thousand  lineal  feet  of  harbor  embankment  or  sea  wall. 
But  the  commissioners  may  enter  into  as  many  contracts 
at  the  same  time  as  they  deem  expedient,  provided  the 
amount  in  the  harbor  improvement  fund,  together  with 
the  revenue  estimated  to  accrue  pursuant  to  section  two 
thousand  five  hundred  and  twenty-seven  of  the  Political 
Code  shall  be  sufficient  to  meet  the  contract  price  of 
such  work,  after  deducting  the  current  expenses  of  the 
commission  and  the  amount  required  for  the  erection 
and  repair  of  the  wharves,  dredging  the  docks  and  slips, 
and  for  incidental  expenses;  but  in  no  event  shall  the 
state  be  liable  on  such  contracts  for  any  deficiency  In 
the  harbor  improvement  fund.  Separate  contracts  may  be 
entered  into  for  the  dredging  of  a  channel  for  the  re- 
ception of  the  rock  required  for  construction  of  a  harbor 
embankment;  provided,  that  the  advertising  of  sealed 
proposals,  the  receiving  and  opening  of  bids,  and  the 
awarding  of  contracts  required  in  this  section,  shall  be 
complied  with  in  the  letting  of  such  work  in  separate 
contracts.  The  commissioners  may,  if  in  their  opinion  it 
will  be  more  economical,  dredge,  with  the  dredge  be- 
longing to  the  state,  the  channel  necessary  for  the  recep- 
tion of  the  stone  used  in  the  construction  of  the  sea 
wall.  No  contractor  who  enters  into  a  contract  to  con- 
struct any  portion  of  said  sea  wall  shall  be  required  to 
commence  the  work  in  less  than  thirty  days  after  the 
awarding  of  the  contract.  The  board  shall,  at  least  ten 
days  previous  to  the  holding  of  any  meeting,  as  provided 
In  this  section,  notify  the  governor  of  the  state,  and 
mayor  of  the  city  and  county  of  San  Francisco,  of  the 
time  and  place  and  object  of  the  meeting,  and  request 
them  to  be  present  and  take  part  therein;  and  at  said 
meeting  the  governor  and  mayor  shall  be  deemed  addi- 
tional members  of  said  board,  with  like  powers  and 
rights  as  the  other  members  thereof;  and  no  contract 
shall  be  entered  into  under  the  authority  of  this  section 
without  the  consent  of  either  the  governor  or  mayor. 
Neither  the  commissioners  nor  their  appointees  shall 
be  interested  in  any  contract  for  the  erection  or  repairing 
of  any  work  upon  the  premises  described  in  this  article. 
Any  commissioner  or  appointee  who  shall  be  interested 
is  guilty  of  a  felony.  Every  proposal  shall  be  accom- 
panied by  a  certified  check  for  an  amount  equal  to  five 
per  cent  of  the   amount  of  such  proposal,   to   be   made 


687  PUBLIC  WATERS.  99  2637,  2538 

payable  to  the  order  of  the  secretary  of  the  board,  con- 
ditioned that  if  the  proposal  is  accepted  and  the  contract 
awarded,  and  if  the  bidder  shall  fail  or  neglect  to  execute 
the  contract  and  give  the  bond  required  within  six  days 
after  the  award  is  made,  in  that  case  said  sum  mentioned 
in  said  check  shall  be  deemed  liquidated  damages  for 
such  failure  and  neglect,  and  shall  be  paid  Into  the  San 
Francisco  Harbor  improvement  fund,  and  all  contracts 
made  pursuant  to  this  title  shall  provide,  under  penalties 
of  forfeiture  of  contract,  at  the  option  of  the  commission- 
ers, that  no  Chinese  or  Mongolian  labor  shall  be  employed 
on  the  work.  En.  March  12,  1872.  Am'd.  1875-6,  46; 
1877-8,  48. 

Action  on  report  of  survey  and  location  of  sea  wall: 
Ante,  sec.  2532. 

San  Francisco  Harbor  improvement  fund:  Ante,  sec. 
2533. 

No  Chinese  labor  to  be  employed  on  public  work: 
Const.  Cal.,  art.  XIX,  sec.  3. 

East  street  in  San  Francisco  to  be  constructed  by  con- 
tract, as  provided  in  this  section:  See  Stats.  1878,  p.  263. 

§  2537.     Report   of   commissioners   to   governor.        The 

commissioners  shall,  on  or  before  the  first  day  of  Novem- 
ber, A.  D.  eighteen  hundred  and  seventy-seven,  and  every 
two  years  thereafter,  make  to  the  governor  a  full  report 
of  all  moneys  by  them  received  and  disbursed,  stating, 
specifically,  for  what  the  same  was  received  and  for  what 
purpose  expended,  and  shall  give  a  concise  account  of 
all  improvements  made,  and  the  general  condition  of 
the  property  under  their  charge.  En.  March  12,  1872. 
Am'd.  1875-6,  47. 

Report  of  commissioners  to  governor,  limit  of  time  for: 
Ante,  sec.  332.    Number  to  be  printed:  Ante,  sec.  334. 

§  2538.  Maps  of  changes  in  lines  of  water  front  or 
streets.  In  case  the  lines  of  the  water  front  of  the  city 
and  county  of  San  Francisco,  or  the  lines  of  any  of  the 
streets  of  said  city  and  county,  ending  at  said  water  line, 
shall  be  changed  by  authority  of  this  article,  the  com- 
missioners shall  cause  to  be  made  two  accurate  maps  of 
survey,  showing  such  change,  which  maps  shall  be  dated, 
certified,  and   signed  by  the  engineer  of  the  board  and 


§§  2539.  2540  PUBLIC    WATERS.  688 

commissioners,  and  one  filed  in  the  office  of  the  recorder 
of  said  city  and  county,  and  the  other  in  the  office  of 
tLD  board.  After  being  so  filed,  they  shall  be  considered 
and  treated  as  official  maps  by  all  courts  of  record  in  the 
state.     En.  March  12,  1872.     Am'd.  1875-6,  48. 

§  2539.     Office   and    duties   of    chief  wharfinger.        The 

chief  wharfinger  shall  keep  an  office  in  some  convenient 
place  upon  the  city  front,  between  Market  and  Pacific 
streets,  which  shall  be  kept  open  every  day  (Sundays 
and  holidays  excepted)  from  seven  A.  M.  till  six  P.  M. 
The  commissioners  shall  furnish  a  suitable  building  for 
an  office,  for  the  exclusive  use  of  said  chief  wharfinger, 
and  assistant  chief  wharfinger,  with  suitable  office 
furniture.  It  shall  be  the  duty  of  the  chief  wharfin- 
ger to  execute  and  enforce  the  rules  and  regulations 
which  may  be  established  by  said  board  of  state  har- 
bor commissioners  pursuant  to  the  provisions  of  this 
article.  And  it  shall  be  the  duty  of  all  pilots,  masters 
of  tugboats,  masters,  owners,  and  consignees  of  vesels, 
to  obey  all  lawful  orders  and  directions  of  the  chief 
wharfinger  in  relation  to  the  stationing,  anchoring,  and 
removing  of  vessels  under  and  pursuant  to  such  rules  and 
regulations.  The  chief  wharfinger  is  empowered  to  de- 
termine cases  of  collision,  by  consent  of  all  parties  inter- 
ested, and  where  damages  do  not  exceed  three  hundred 
dollars  the  decision  is  final.  En.  March  12,  1872.  Am'd. 
1875-6,  48. 

Refusal  to  obey  chief  wharfinger's  instructions  is  mis- 
demeanor: Post,  sec.  2541. 

§  2540.  Duties  of  chief  wharfinger  as  to  abandoned 
watercraft  and  boats  adrift.  In  addition  to  the  duties  re- 
quired to  be  performed  by  the  chief  wharfinger,  by  any 
section  in  this  article  preceding  this  section,  he  shall 
take  in  charge  all  abandoned  watercraft  and  all  boats 
picked  up  adrift,  and  secure  the  same;  after  which  he 
shall  advertise,  for  one  week,  in  one  of  the  daily  news- 
papers printed  in  the  city  and  county  of  San  Francisco, 
giving  the  full  particulars  pertaining  to  the  same,  and 
request  all  parties  interested  to  appear  and  establish 
their  title  or  claim  thereto,  within  twenty  days  from  the 
last  publication.  If  claimed  within  said  period,  such  prop- 
erty shall  be  delivered  to  the  owner  on  payment  of  all 
cost    of    removing,    securing,    and  advertising    the  same. 


589  PUBLIC    WATERS.  g§  2541,  2542 

If  not  claimed  within  said  period,  or  if  the  owner  fails 
to  pay  the  charges,  such  property  shall  be  sold  by  the 
chief  wharfinger,  to  the  highest  bidder,  at  public  auction, 
and  the  proceeds,  less  the  costs,  shall  be  paid  the  owner, 
if  claimed  by  him,  or,  if  not  claimed  by  the  owner,  shall 
be  paid  to  the  board  of  state  harbor  commissioners; 
but  the  owner  shall  be  entitled  to  receive  from  said 
board  the  amount  so  paid,  if  he  shall  claim  the  same 
within  one  year  from  the  date  of  said  payment.  For  the 
purposes  of  this  section,  the  harbor  of  San  Francisco 
shall  be  the  tide-waters  of  the  city  and  county  of  San 
Francisco,  and  the  jurisdiction  of  the  chief  wharfinger 
shall,  when  performing  the  duties  required  by  this  sec- 
tion, be  coextensive  with  such  tide-waters.  En.  March  12, 
1872.     Am'd.  1875-6,  48. 

Wrecks  and  wrecked  property:  Ante,  sees.  2403-2418. 

Lost  and  unclaimed  property:   Post,  sees.  3136-3157. 

§  2541.     Failure  to  obey  orders  of  chief  wharfinger.      If 

any  master,  agent,  or  owner  of  any  watercraft  shall  re- 
fuse or  neglect  to  obey  the  lawful  orders  or  directions 
of  the  chief  wharfinger  in  any  manner  pertaining  to  the 
regulations  of  said  harbor,  or  the  removal  or  stationing 
of  any  watercraft,  such  master,  agent,  or  owner,  so  re- 
fusing or  neglecting,  is  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  before  any  court  of  competent 
jurisdiction,  shall  be  punished  by  a  fine  not  to  exceed 
three  hundred  dollars,  or  by  imprisonment  not  to  exceed 
one  hundred  days  in  the  jail  of  the  city  and  county 
of  San  Francisco.    En.  March  12,  1872.    Am'd.  1875-6,  49. 

§  2542.  Obstructions  to  navigation.  All  persons  are 
forbidden  to  deposit,  or  cause  to  be  deposited,  in  the 
waters  of  the  harbor  of  San  Francisco,  as  described  in 
the  preceding  sections,  any  substance  that  will  sink  and 
form  an  obstruction  to  navigation,  without  first  obtaining 
permission,  in  writing,  of  the  board  of  state  harbor  com- 
missioners, which  permission  shall  describe,  with  an  or- 
dinary degree  of  certainty,  the  place  where  such  deposit 
may  be  made,  and  the  secretary  of  the  board  shall  record 
such  permission.  Any  person  violating  the  prohibition 
contained  in  this  section  is  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof  before  a  court  of  competent  juris- 
diction, shall  be  fined  not  less  than  one  hundred  or  more 
than   five   hundred   dollars,   or   imprisoned  in  the  jail  of 


§§  2543-2543  PUBLIC    WATERS.  590 

the  city  and  county  of  San  Francisco  not  less  than  thirty 
nor  more  than  ninety  days;  provided,  that  nothing  herein 
shall  be  construed  to  prevent  or  interfere  with  the  con- 
struction of  works  now  in  progress  in  connection  with  the 
Oakland  harbor.     En.  March  12,  1872.     Am'd.  1875-6,  49. 

§  2543.  Fast  driving  on  wharves  proirlbited.  It  shall 
not  be  lawful  for  any  person  to  drive  a  horse  or  mule, 
or  any  vehicle  drawn  by  one  or  more  horses  or  mules, 
used  in  the  removal  of  merchandise  upon  any  wharf,  pier, 
quay,  landing,  or  thoroughfare,  faster  than  a  walk.  Any 
person  violating  the  prohibition  in  this  section  contained 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
in  any  court  of  competent  jurisdiction  shall  be  fined  not 
less  than  twenty  dollars,  or  imprisoned  in  the  county 
jail  of  the  city  and  county  of  San  Francisco  not  less  than 
ten  days.     En.  March  12,  1872.     Am'd.  1875-6,  49. 

§  2544.  Police  judge's  court  to  try  misdemeanors  here- 
under. The  police  judge's  court  of  the  city  and  county 
of  San  Francisco  shall  have  jurisdiction  to  try  all  cases 
of  misdemeanor  arising  under  this  article.  En.  March  12, 
1872.     Am'd.  1875-6,  50. 

§  2545.  Qualifications  of  officers.  No  person  shall  be 
appointed  to  any  office  by  virtue  of  this  article,  nor  be 
employed  in  the  service  of  the  board,  unless  he  be  a 
qualified  elector  of  the  state,  nor  shall  any  person  be  so 
appointed  or  employed  who  is  interested  in  any  vessel 
sailing  or  plying  in  and  out  of  or  on  the  inland  waters 
of  the  bay  of  San  Francisco,  as  owner,  mortgagee,  or 
otherwise,  or  as  a  stockholder  in  any  company  owning 
such  vessels,  or  who  is  a  consignee,  the  general  or  freight 
agent  or  manager  of  any  such  vessels,  or  agent  or  other 
employee  of  the  owner  of  any  such  vessels,  or  who  is 
engaged  in  the  business  of  marine  insurance,  or  of  pro- 
curing such  insurance,  or  who  is  engaged  as  a  stevedore, 
in  loading  and  discharging  such  vessels.  No  person  not 
a  citizen  of  the  United  States  shall  be  employed  either 
as  a  contractor  or  laborer  on  any  work  done  under  this 
article.  And  eight  uours  shall  constiute  a  legal  day's 
work,  whether  performed  directly  for  the  state  or  for 
the  person  or  persons  receiving  a  contract  under  this 
article.  En.  March  12,  1872.  Am'd.  1876-6,  50;  1883,  52; 
1887,  232. 


591  PUBLIC   WATERS.  §§  2546-J551 

§  2546.  Obligee  on  official  bonds.  All  official  bonds  re- 
quired to  be  given  by  authority  of  this  article  shall  be  to 
the  people  of  the  state  of  California.  En.  March  12,  1872. 
Am'd.  1875-6,  50. 

§  2547.  Seal.  The  board  of  state  harbor  commissioners 
shall  procure  and  adopt  a  seal.  En.  March  12,  1872.  Am'd. 
1875-6,   50. 

§  2548.     When  no  tolls  or  wharfage  to  be  collected.     No 

tolls  or  wharfage  shall  be  collected  from  travelers  going 
on  board  or  leaving  any  steamer  or  ferry,  or  upon  their 
carriages  or  baggage,  nor  from  any  person  or  vehicle 
employed  to  transport  or  convey  said  baggage  to  or  from 
any  steamer  or  ferry;  nor  for  empty  packages  returned  to 
the  wharf  or  any  vessel;  nor  for  domestic  supplies  for 
private  individuals,  intended  for  consumption  and  not  for 
sale,  weighing  less  than  one  hundred  pounds.  En.  March 
12,  1872.     Am'd.  1875-6,  50;  1877-8,  5v,. 

§  2549.  Collections  and  payments  in  gold  and  silver 
coin  only.  The  revenue  collected  and  disbursed  by  au- 
thority of  this  article  shall  be  gold  and  silver  coin  of  the 
United   States.     En.    March   12,   1872.     Am'd.    1875-6,   50. 

§  2550.     Wharfingers  and  collectors  as  special  policemen. 

It  is  hereby  made  the  duty  of  the  board  of  police  commis- 
sioners of  the  city  and  county  of  San  Francisco  to  ap- 
point such  number  of  wharfingers  and  toll  collectors 
special  policemen  as  such  commissioners  shall  request,  in 
writing,  such  police  commissioners  to  appoint,  and  also 
shall  furnish  such  special  policemen  the  usual  baage  of 
office,  which  shall  be  paid  for  by  the  commissioners;  such 
appointments  must  be  renewed  once  in  each  year.  The 
jurisdiction  of  such  special  policemen  shall  be  coextensive 
with  the  premises  described  in  this  article,  and  their  terms 
of  office  as  such  wharfingers  and  toll  collectors.  En. 
March  12,  1872.     Am'd.  1875-6,  50. 

§  2551.     Pending    actions   and    proceedings    not   affected. 

Nothing  in  this  article  shall  be  taken  or  deemed  to  affect 
any  action  or  suit  now  pending,  or  any  right  of  action 
accrued,  or  any  contract  or  obligation  existing  under  the 
provisions  of  the  statutes  hereby  amended;  but  such 
suits  or  actions  may  be  presented  in  the  name  in  which 


§§  2552-2554  PUBLIC   WATERS.  692 

they  have  been  instituted,  and  such  rights  o-  action,  con- 
tract, or  obligation  shall  remain  unimpaired,  and  may 
be  prosecuted  and  eniorced  in  all  respects  the  same  as 
if  this  amendment  had  not  been  made.  En.  March  12, 
1872.     Am'd.  1875-6,  50. 

Pending  actions  and  proceedings  not  affected:  Compare, 
ante,  sees.  8,  18. 

§  2552.  Salaries  of  officers.  The  monthly  salaries  of 
the  officers  of  the  board  shall  be  as  follows:  The  presi- 
dent, three  hundred  dollars;  each  of  the  other  two  com- 
missioners, two  hundred  and  fifty  dollars;  the  secretary, 
two  hundred  and  fifty  dollars;  the  assistant  secretary,  one 
hundred  and  fifty  dollars;  the  attorney,  two  hundred  dol- 
lars; the  chief  engineer,  two  hundred  and  fifty  dollars; 
the  chief  wharfinger,  two  hundred  and  fifty  dollars;  the 
wharfingers,  one  hundred  and  twenty-five  dollars;  and  the 
collectors,  one  hundred  dollars.  The  board  must  fix 
the  compensation  of  the  other  employees.  No  ex-officio 
officer,  nor  consulting  engineer,  shall  receive  any  compen- 
sation, except  traveling  and  other  incidental  expenses.  En. 
March  12,  1872.  Am'd.  1875-6,  51;  1877-8,  51;  1883,  52; 
1887,  232;  1889,  388. 

§  2553.  Duties  of  attorney-general.  The  attorney-gen- 
eral of  the  state  must  give  such  legal  advice  and  render 
such  legal  services  as  may  from  time  to  time  be  required 
of  him  by  the  commissioners,  in  connection  with  their 
duties  without  further  compensation.  En.  March  12,  1872. 
Am'd.  1875-6,  51. 

Cal.  Rep.  Cit.     Ill,  583. 

§  2554.  Office  rooms.  (Repealed.)  En.  March  12,  1872. 
Rep.  1875-6,  51. 


593  PUBLIC    WATERS.  5§  25G7,  256S 

ARTICLE  X. 

HARBOR    COMMISSIONERS    FOR    THE    PORT    OF    EUREKA. 

§  2567.  Harbor   commissioners    for   the    Port   of    Eureka. 

§  25RS.  Powers    of    board. 

§  L'.''iG9.  Obstiuctions   and    encroachments. 

§  2569%.      Private    wharves    and    bulkheads. 

§  2."i70.  Harbormaster,    duties  and   powers  of. 

§  2:i71.  Pecretary. 

§  2572.  Salaries;  engineer. 

V}  2567.  Harbor  co.nmissioners  for  the  port  of  Eureka. 
There  is  a  board  of  three  commissioners,  'known  as  the 
"Board  of  Harbor  Commissioners  of  the  Port  of  Eureka." 
The  mayor  of  the  city  of  Eureka,  in  the  county  of  Hum- 
boldt, is  an  ex-officio  member  thereof,  and  one  of  said 
commissioners  shall  be  appointed  by  the  governor  of  this 
state,  and  shall  hold  his  office  for  two  years,  and  until 
his  successor  is  appointed  and  qualified;  and  the  other 
of  said  commissioners  shall  be  appointed  by  the  governor, 
and  shall  hold  his  office  for  the  term  of  four  years,  and 
until  his  successor  is  appointed  and  qualified.  And  ap- 
pointments to  fill  vacancies,  which  may  hereafter  occur  in 
the  board  of  harbor  commissioners  of  the  port  of  Eureka 
shall  be  for  the  term  of  four  years,  and  no  person  shall 
be  eligible  to  the  office  of  harbor  commissioner  of  said 
port  of  Eureka,  unless  he  be  a  resident  of  the  city  of 
Eureka.     En.  March  12,  1872.     Am'd.  1877-8,  51. 

Cal.  Rep.  Cit.     121,  549. 

§  2568.  Powers  of  board.  The  board  of  harbor  commis- 
sioners of  the  port  of  Eureka  are  authorized  and  empow- 
ered to  make  such  rules  and  regulations  and  take  such 
action  as  may  be  necessary  oi*  proper  for  the  protection 
of  navigation  in  Humboldt  Bay  or  in  any  slough  or  creek 
emptying  into  the  same  so  far  as  the  tide  ebbs  and  flows. 

The  board  may  regulate  the  erection  and  extension 
of  wharves  and  piers  and  prescribe  the  plans  and  di- 
mensions thereof  and  regulate  the  tolls,  wharfage,  or 
dockage  to  be  charged  thereon.  They  may  regulate  the 
manner  of  constructing  booms  and  limit  their  extension 
into  the  waters  of  the  bay. 

The  board  may  regulate  the  laying  of  submarine  cables 
in  the  waters  of  Humboldt  Bay  and  make  regulations  to 
prevent  interference  therewith  or  the  destruction  thereof. 
They  may  prescribe  and   regulate  the  manner  in  which 

Pol.  Code— 38 


§  2569  PUBLIC    WATERS.  594 

rafts,  boats  or  vessels  must  lie  at  anchor  or  be  moved  to 
any  wharf  or  pier.  They  may  prevent  and  remove  obstruc- 
tions to  the  regular  ebb  and  flow  of  the  tides  and  the 
deposit  and  escape  into  the  waters  of  the  bay,  or  substances 
likely  to  injure,  interfere  with  or  impede  navigation,  or 
to  create  shoals  or  shallows  in  or  lessen  the  depth  of  the 
waters  thereof.  They  may  also  regulate  the  speed  of 
vessels  moving  in  the  channel  or  stream  along  the  water 
front  of  the  city  of  Eureka. 

Any  person  violating  any  of  the  rules  or  regulations 
of  the  board  of  harbor  commissioners  made  in  pursuance 
of  the  foregoing  powers  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  before  any  court  f  competent 
jurisdiction,  shall  be  punished  by  a  tine  not  exceeding 
five  hundred  dollars  ($500.00)  or  by  imprisonment  not  to 
exceed  six  (6)  months  in  the  county  jail  of  the  county 
of  Humboldt.  En.  March  12,  1872.  Am'd.  1877-8,  51; 
1901,  64. 

Cal.  Rep.  Cit.     88,  <:92;   121,  549;  121,  552. 

§  2569.  Obstructions  and  encroachments.  If  the  waters 
of  Humboldt  Bay,  or  any  of  the  sloughs  or  creeks  empty- 
ing into  the  same,  or  the  branches  of  such  creeks  or 
■sloughs,  so  far  as  the  tide  ebbs  and  flows,  be  encroached 
upon  or  obstructed  by  dikes,  dams,  or  in  any  other  man- 
ner that  will  interfere  with  the  regular  ebb  and  flow  of 
the  tide,  or  which  encroachment  or  obstruction  shall  vio- 
late any  of  the  rules  or  regulations  of  the  board  of 
harbor  commissioners,  the  said  board  of  harbor  commis- 
sioners may  order  such  encroachment  or  obstruction  to 
I J  removed. 

Notice  must  be  given  to  the  person  causinj  or  owning 
such  encroachment  or  obstruction,  or  left  at  his  place  of 
residence  if  he  be  k  ^wn  and  reside  in  the  county,  if  not, 
it  must  be  posted  upo-i  said  encroachment  or  obstruction 
oy  the  harbormaster.  Such  notice  shall  specify  the  place 
and  extent  of  the  encroachment  or  obstruction  and  shall 
require  the  person  or  persons  causing  the  encroachment 
or  obstruction,  or  owning  the  same,  to  remove  the  same 
within  ten  (10)  days.  If  the  encroachment  or  obstruc- 
tion is  not  removed  or  commenced  to  be  removed  and 
diligently  prosecuted  prior  to  the  expiration  of  the  ten 
days  from  the  service  or  posting  of  the  notice,  the  one 
who  caused,  owns  oi    controls  the  encroachment  or  ob- 


595  PUBLIC   WATERS.  §  2569V4 

struction  forfeits  ten  dollars  ($10.00)  for  each  day  the 
same  remains  unremoved.  If  the  encroachment  or  obstruc- 
tion is  such  as  to  effectually  obstruct  and  prevent  the  use 
of  said  bay  or  slough  or  branches  thereof,  the  harbor- 
master must  forthwith,  by  direction  of  the  board,  remove 
the  same.  If  the  encroachment  or  obstruction  is  denied, 
and  the  owner,  occupant,  or  person  controlling  the  matter 
or  thing  charged  with  being  an  encroachment  or  obstruc- 
lion  refuses  either  to  remove  the  same  or  permit  the 
removal  thereof,  the  board  of  harbor  commissioners  must 
commence,  in  the  proper  court,  an  action  in  their  own 
name,  to  abate  the  same  as  a  nuisance,  and  if  they  re- 
cover judgment,  they  may  in  addition  to  having  the  same 
abated,  recover  ten  dollars  ($10.00)  for  every  day  such 
nuisance  remains  after  notice,  and  also  their  costs  in 
said  action.  If  the  encroachment  or  obstruction  is  not 
denied,  but  is  not  removed  for  five  (5)  days  after  notice  is 
complete,  the  harbor  commissioners  may  require  the  har- 
bormaster to  remove  the  same  at  the  expense  of  the 
owner,  occupant,  or  person  causing  or  controlling  the 
same  and  may  recover  their  costs  and  expenses,  and 
also  for  each  day  the  same  remains  after  notice  is  com- 
plete, the  sum  of  ten  dollars  ($10.00),  in  an  action  brought 
in  the  name  of  the  board  for  that  purpose. 

All   moneys  recovered   in  the  above  mentioned  actions 
all  be  paid  into  the  treasury  of  the  county  of  Humboldt 

for  the  use  and  benefit  of  the  said  county  of  Humboldt. 

En.  March   12,  1872.     Am'd.  1889,  87.     Rep.  1901,  66.     En. 

Stats.  1901,  66. 

Cal.  Rep.  Cit.     88,  492;  121,  549;  121,  553. 

§  2569J/2-  Private  wharves  and  bulkheads.  Every  per- 
son, association,  or  corporation  desiring  to  construct,  erect, 
or  extend  any  wharf,  pier,  or  boom  in  the  waters  of  Hum- 
boldt Bay,  or  of  any  slough  or  creek  emptying  into  the 
same,  so  far  as  the  tic'e  tnerein  ebbs  and  flows,  must  make 
an  application  to  the  said  board  of  harbor  commissioners 
in  writing  signed  by  the  applicant  or  applicants,  and  set- 
ting forth.  ...  "A  map  or  plat  or  plan  of  the  proposed 
wharf,  pier,  or  boom,  showing  the  location  thereof  and  of 
the  lands  and  waters  bordering  thereon  or  near  the  same, 
and  the  names  of  the  owners,  occupants,  and  claimants  ot 
such  lands  and  waters,  or  of  the  use  thereof. 

Said  map,  plat,  or  plan  showing  also  the  dimensions, 
form,  and  construction  of  said  wharf,  pier  or  boom,  and 


§  2569%  PUBLIC   WATEKS.  SM 

the  distance  into  and  along  said  waters  the  same  will  ex- 
tend, and  showing  also,  the  uses  and  purposes  to  and  for 
which  such  structure  is  to  be  applied,  and  the  convenience 
or  necessity,  public  or  private,  of  or  for  the  same.  Upon 
the  presentation  and  filing  of  such  application,  the  board 
will  appoint  a  time  lor  hearing  the  same,  which  shall  be 
at  least  ten  (10)  days  and  not  more  than  twenty  (20) 
days  from  its  presentation.  Notice  of  the  hearing  shall 
be  given  by  publication  in  at  least  one  (1)  daily  newspaper, 
published  in  the  county  of  Humboldt,  three  (3)  times  in 
the  week  oi  seven  (7)  days  preceding  the  time  appointed  • 
for  hearing,  and  the  board  may  at  any  time  order  other, 
further,  or  additional  notice  to  be  given. 

At  the  time  and  place  appointed  for  hearing,  or  at  such 
other  time  and  place  to  which  said  hearing  may  be  con- 
tinued or  adjourned,  upon  proof  being  made  that  notice  of 
the  hearing  had  been  given  as  hereinbefore  provided,  the 
board  shall  proceed  to  the  examination  of  the  said  appli- 
cation of  said  applicant  and  hearing  of  all  parties  and  per- 
sons that  may  be  brought  before  them,  touching  or  con- 
cerning the  same,  and  after  such  hearing  and  due 
deliberation,  the  board  will  either,  according  to  their 
best  judgment,  reject  or  refuse  the  said  application,  or 
grant  the  same,  as  asked  for,  or  make  such  conditions, 
restrictions,  limitations,  alterations,  or  additions  as  the 
board  may  deem  necessary  and  proper  for  the  protection 
of  navigation  in  Humboldt  Bay,  and  in  creeks  and  sloughs 
emptying  into  the  same,  so  far  as  the  tide  ebbs  and  flows 
therein. 

No  person  shall  build  or  construct  any  bulkhead  on  or 
along  the  waters  of  Humboldt  Bay  without  first  having 
obtained  permission  to  do  so  from  the  board  of  harbor 
commissioners  of  the  port  of  Eureka;  and  whenever  per- 
mission is  granted  to  build  or  construct  one,  it  shall  be 
built  or  constructed  out  of  good,  merchantable  spiles,  or 
other  material  satisfactory  to  the  board  of  harbor  com- 
missioners and  not  beyond  the  United  States  bulkhead 
line  established. 

Said  work  shall  be  done  under  the  supervision  of  the 
harbormaster.  Any  person  or  persons,  association,  or 
corporation,  who  shall  erect  or  extend,  or  cause  to  be 
erected  or  extended,  any  wharf,  pier,  boom,  or  bulkhead 
in  the  waters  of  Humboldt  Bay  or  of  any  creek  or  slough 
emptying  into  the  same,  so  far  as  the  tide  ebbs  and  flows, 
without  having  complied  with  the  rules  and  regulations  of 


697  PUBLIC  -WATEJRS.  S5  2570,  2571 

the  board  and  the  provisions  of  this  section,  and  obtained 
permission  of  said  board  of  harbor  commissioners  as 
herein  provided,  .-^hall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  before  any  court  of  competent 
jurisdiction,  shall  be  punished  by  a  fine  not  to  exceed  five 
hundred  dollars  ($500.00),  or  by  imprisonment  in  the 
county  jail  of  the  county  of  Humboldt,  state  of  California. 
En.  Stats.  1901,  67. 

§  2570.  Harbormaster,  duties  and  powers  of.  A  harbor- 
master of  the  port  of  Eureka,  which  office  is  hereby  cre- 
ated, shall  be  appointed  by  the  governor  of  this  state  on  or 
before  the  first  day  of  April,  eighteen  hundred  and  ninety- 
nine  (1899),  and  shall  hold  otRce  for  the  term  of  four  years 
from  and  after  the  date  of  his  appointment,  and  until  his 
successor  is  appointed  and  qualified. 

It  shall  be  the  duty  of  the  harbormaster  to  collect,  from 
day  to  day,  all  data  necessary  to  enable  the  secretary  of 
the  board  of  harbor  commissioners  to  compile  the  reports 
mentioned  in  section  2571  of  this  code. 

He  must  enforce  and  carry  into  effect  such  rules  and 
regulations  as  the  board  of  harbor  commissioners  may  from 
time  to  time  adopt. 

The  harbormaster  may  be  removed  from  office  by  the 
governor  of  this  state  upon  the  recommendation  of  the  full 
board  of  harbor  commis,-5ioners,  upon,  and  after  due  investi- 
gation by  said  board  for  cause  affecting  his  oflBcial  char- 
acter or  competency,  or  the  failure  or  want  of  ability  to 
perform  his  official  duties,  or  for  the  violation  of  any  law 
relating  to  his  duties  or  office.  A  full  report  of  such  cause 
or  causes  shall  be  certified  to  the  governor  by  said  board, 
and  spread  upon  the  minutes  of  the  meeting  thereof, 
whereat  such  investigation  and  order  were  made. 

If  any  master,  agent,  or  owner  of  any  water  craft  shall 
refuse  or  neglect  to  obey  the  lawful  orders  or  directions  of 
the  harbormaster  in  any  matter  pertaining  to  the  regula- 
tions of  said  harbor,  such  master,  agent,  or  owner  so  re- 
fusing or  neglecting  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  before  any  court  of  competent  jurisdic- 
tion, shall  be  punished  by  a  fine  not  to  exceed  five  hundred 
dollars  ($500.00),  oi  by  imprisonment  not  to  exceed  six 
months  in  the  county  jail  of  the  county  of  Humboldt.  En. 
March  12,  1872.     Am'd.  1899,  89;    1901,  65;   1905,  200. 

Cal.  Rep.  Cit.     121,  549;   121,  551. 

§  2571.  Secretary.  The  board  of  harbor  commissioners 
shall  within  thirty  days  after  the  passage  of  this  act  ap- 


§  2571  PUBLIC    WATERS.  5M 

point  a  competent  person  who  shall  be  known  as  the  sec- 
retary of  the  board  of  harbor  commissioners  of  the  port 
of  Eureka,  who  shall  hold  office  for  the  term  of  four  years 
from  the  date  of  his  appointment,  or  until  his  successor 
is  appointed.  It  shall  be  the  duty  of  such  secretary  to 
keep  the  office  of  the  board  of  harbor  commissioners  open 
from  9  A.  M.  until  5  P.  M.  on  all  days  except  legal  holi- 
days. He  shall  saiely  keep  and  be  responsible  for  all 
the  books,  papers,  and  records  of  the  board,  attend  all  of 
their  meetings,  keep  a  correct  record  of  their  proceedings, 
with  the  names  of  the  commissioners  present  thereat  and 
keep  a  full  and  correct  record  of  all  steam  and  sailing 
vessels  entering  and  arriving  or  clearing  and  departing 
to  and  from  Humboldt  bay,  with  a  complete  detailed  rec- 
ord of  their  cargoes,  with  the  port  to  which  they  sail  or 
from  which  they  have  sailed,  and  he  shall  make  reports 
monthly  thereof  in  tabulated  form  and  record  the  same  in 
the  records  of  the  ofiice,  and  make  such  other  reports  as 
directed  by  the  board. 

He  shall  semi-annually  cause  to  be  printed  such  reports 
and  shall  for  that  purpose  advertise  for  sealed  bids  for 
printing  the  same  which  bids  shall  be  opened  only  in  the 
presence  of  the  whole  board  and  such  printing  shall  be 
awarded  by  said  board  to  the  lowest  responsible  bidder 
therefor. 

He  shall  have  no  a  thority  nor  shall  the  said  board  have 
authority  to  direct  the  secretary  to  print  other  matter  in 
or  upon  his  reports,  or  otherwise,  except  what  may  be 
necessary  in  the  performance  of  any  duty  imposed  by  law 
upon  said  board,  and  any  printing  authorized  by  said  board 
or  said  secretary  other  than  as  herein  provided  shall  be 
and  is  hereby  declared  to  be  illegal,  and  shall  not  be  a 
charge  against  the  county  of  Humboldt  or  the  city  of 
Eureka. 

Such  secretary  may  be  removed  from  office  by  the  gov- 
ernor of  this  state  upon  the  recommendation  of  the  full 
board  of  harbor  commissioners  upon  and  after  due  investi- 
gation by  said  board  for  cause  affecting  his  official  char- 
acter or  competency,  or  the  failure  or  wants  of  ability 
to  perform  his  official  duties  or  for  the  violation  of  any 
law  relating  to  his  duties  or  office.  A  full  report  of  such 
cause  or  causes  shall  be  certified  to  the  governor  by  said 
board,  and  spread  upon  the  minutes  of  the  meeting  there- 
of whereat  such  investigation  and  order  were  made.  En. 
March  12,  1872.  Am'd.  1889,  88;  1899,  90;  1901,  65;  1905. 
201. 

Cal.  Rep.  CIt.     121,  549. 


»99  PUBLIC    "WATERS.  {  2572 

§  2572.  Salaries.  Engineer.  The  commissioners  of  tlie 
board  of  harbor  commissioners  of  the  port  of  Eurelia  shall 
each  receive  a  salary  of  four  hundred  dollars  per  annum. 

The  secretary  shall  receive  a  salary  of  one  thousand  dol- 
lars per  annum. 

The  harbormaster  shall  receive  a  salary  of  one  thousand 
dollars  per  annum. 

The  board  may  secure  the  services  of  a  competent  civil 
engineer  at  such  times  as  in  their  opinion  they  deem  it 
necessary.  The  fees  or  salary  of  such  engineer  not  to  ex- 
ceed ten  dollars  ($10)  per  day  for  each  day  actually  em- 
ployed. Nothing  herein  contained  shall  be  construed  as 
creating  the  office  of  engineer,  nor  shall  his  employment 
extend  beyond  the  particular  service  for  which  he  was  em- 
ployed. 

All  salaries  of  said  commission  and  its  officers  herein 
named  are  to  be  paid  out  of  the  treasury  of  Humboldt 
county  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  the  county  officers  are  paid  and  all  expenses 
of  said  commission  necessarily  incurred  are  to  be  paid 
from  said  treasury  in  the  same  manner  that  claims  against 
said  county  are  paid.     En.  March  12,  1872.    Am'd.  1905,  202, 

Cal.  Rep.  Cit.     121,  549;  121,  551;  121,  553. 

ARTICLE!  XI. 

HARBOR    COMMISSIONERS   FOR   THE   BAY   OF   SAN   DIEGO. 

§  2575.     Constitution    of    board    and    appointment    of    commissioners. 

§  2576.  Bonds    and    officers. 

§  2577.  Duties    of    employees. 

§  2578.  Prosecution   of   actions. 

§  2579.  Control    of    bay.    Construction    of    wharves.    Dockage.    Eegula 

tions. 

§  2580.  Extending    streets. 

§  25S1.  Right   of   eminent  domain. 

§  2582.  Limit    on    collections. 

§  2583.  Contract,    validity   of. 

§  2584.  Moneys,   disposition   of. 

§  2585.  Vouchers.    Warrants.     Drafts. 

§  2586.  Report   to   controller. 

§  2587.  Ex-officio   members   of   board. 

§  2588.  Sea   wall,    surveys  for. 

§  2589.  Harbor    Improvement    fund. 

§  2590.  Moneys   to   be   kept   separate   by   state  treasurer. 

§  2591.  Advertising   for  bids. 

§  2592.  Reports   to   governor. 

§  2593.  Map   showing   change   of   survey. 

§  2594.  Refusal    to   obey   orders   of   wharfinger. 

§  2595.  Obstructions    to    navigation. 

§  2596.  Speed  of  horses  and  vehicles  on   wharves. 

S  2."i97.  .lurisdlction   of  police   court   over  misdemeanors. 

§  2';9S.  Qualifications   of  officers. 

§  2599.  Bonds,    obligees   In. 


§  2575  PUBLIC    WATERS.  BW 

§  2600.  Seal. 

§  2601.  When   no   tolls   or  wharfage   to  be   collected. 

§  2602.  Collections   to   be  made  in   coin. 

§  2603.  Wharfingers   and   collectors   as   special   policemen. 
§  2604.     Who   are   liable  for    wharfage. 

§  26 15.  Plats.     Leasing    of    lands. 

§  2606.  Private    wharves,    docks,    etc. 

§  'ICOT.  Salaries    and    compensation. 

§  2608.  Attorney-general,   'duties   of. 

[Sections  2583  to  2607,  relating  to  sailors  and  sailor 
boarding-houses,  were  repealed  by  act  approved  Decembei 
22,  1875.  Amendments  1875-6,  p.  52.  In  effect  immedi- 
ately.] 

§  2575.  Constitution  of  board  and  appointment  of  com- 
missioners. A  board  of  state  harbor  commissioners  for 
the  bay  of  San  Diego,  to  consist  of  three  persons,  is  hereby 
constituted  with  such  powers  and  duties  as  are  prescribed 
by  law.  On  the  passage  of  this  act  the  governor  must 
nominate  and  by  and  with  the  consent  of  the  senate  ap- 
point one  of  said  commissioners  to  hold  office  for  two  years, 
and  one  for  three  years,  and  one  for  four  years  from  the 
dates  of  their  respective  commissions,  and  until  their  suc- 
cessors are  qualified.  The  said  officers  must  thereafter  be 
nominated  by  the  governor,  and  by  and  with  the  consent 
of  the  senate,  be  appointed  for  four  years  from  the  dates 
of  their  respective  commissions,  and  until  their  successors 
are  qualified.  All  persons  appointed  commissioners  by 
virtue  of  this  act  must  be  qualified  electors  of  the  county 
of  San  Diego.  If  the  term  of  office  of  any  commissioner 
expire  during  the  recess  of  the  senate,  the  governor  must 
grant  a  commission  to  his  successor,  which  shall  be  valid 
to  all  intents  and  purposes,  subject,  however,  to  the 
consent  of  the  senate  at  its  next  regular  session.  If  a 
vacancy  occurs  from  any  cause  in  the  office  of  a  commis- 
sioner before  the  expiration  of  his  term,  his  successor  must 
be  appointed  and  hold  office  only  for  the  unexpired  portion 
of  such  term.  In  case  the  senate,  during  its  session,  fail 
to  act  on  or  refuse  its  consent  to  any  nomination  the  gov- 
ernor may  make  of  persons  to  constitute  the  board  herein 
first  provided  for,  or  to  fill  a  vacancy  occurring  thereafter 
by  expiration  of  the  term  or  otherwise,  he  must,  after  the 
adjournment  of  the  senate,  grant  a  commission  for  the 
terms  herein  provided  for,  or  for  the  unexpired  portion  of 
such  term,  as  the  case  may  be,  subject,  however,  to  the 
consent  of  the  senate  at  its  next  regular  session.  In  all 
cases,  however,  where  the  senate  fails  or  refuses  to  con- 
firm a  nomination  so  made  by  the  governor,  the  official 
acts  of  the  person  so  nominated,  up  to  the  time  of  his  non- 


601  PUBLIC   WATERS.  S  '^t* 

confirmation,  shall  be  legal  and  valid  to  all  intents  and 
purposes,  and  he  shall  be  entitled  to  his  salary  up  to  that 
time  for  his  services  rendered,  but  no  further;  provided, 
that  upon  the  passage  of  this  act,  the  governor  shall 
nominate  three  persons  to  fill  such  offices  for  the  first  term 
and  submit  them  to  the  senate  at  least  one  day  before 
its  final  adjournment.  The  commissioner  first  appointed 
for  four  years  shall  be  the  president  and  executive  olficer 
of  the  board.  It  shall  be  his  duty  to  preside  at  its  meet- 
ings, to  supervise  the  official  conduct  of  all  its  ofiicers 
and  employees,  especially  in  the  collection,  custody,  and 
disbursement  of  the  revenues,  and  to  require  that  all  the 
books,  papers,  and  accounts  be  accurately  kept,  and  in 
proper  form,  and  all  the  provisions  of  law  and  the  regu- 
lations of  the  board  be  enforced  and  observed.  He  may 
administer  official  oaths  to  the  ofiicers  and  employees  of 
the  board,  except  the  other  commissioners,  and  to  all  per- 
sons in  relation  to  the  business  of  the  board.  After  the  ex- 
piration of  the  first  four  years,  the  commissioners  must 
elect  their  president  from  amongst  themselves.  En.  Stats. 
1889,  305. 

Cal.  Rep.  Cit.     132,  219. 

§  2576.  Bonds  and  officers.  The  president  of  the  board 
must  give  an  official  bond  in  the  sum  of  ten  thousand  dol- 
lars, and  each  of  the  other  commissioners  in  the  sum  of 
ten  thousand  dollars,  which  must  be  approved  by  the  gov- 
ernor, and  state  treasurer,  by  written  indorsement  thereon, 
and  within  fifteen  days  after  the  date  of  their  respective 
commissions  must  be  filed  and  recorded  in  the  office  of  the 
secretary  of  state,  together  with  the  official  oath  prescribed 
by  law.  The  commissioners  shall  not  be  sureties  for  one 
another,  nor  shall  any  officer  of  the  state,  nor  any  officer 
or  member  of  the  legislature  be  accepted  as  surety  on  said 
bonds.  The  board,  on  entering  upon  the  duties  of  their 
office,  may,  as  soon  as  they  deem  it  necessary  for  the 
performance  of  the  duties  required  by  this  act,  and  have 
funds  at  their  disposal  to  pay  the  salaries  or  compensation 
for  services  rendered,  appoint  the  following  officers,  viz: 
A  secretary,  an  assistant  secretary,  an  attorney,  a  chief 
engineer,  a  chief  wharfinger,  and  such  assistant  wharf- 
ingers and  collectors  as  they  may  deem  necessary.  Such 
officers  shall  hold  for  a  term  of  four  years  from  the  date 
of  their  respective  appointments,  but  may  be  removed  by 
the  board  at  any  time  when  their  respective  services  are 
not  required,  or  after  due  investigation  for  causes  affecting 
their  official  character  or  competency.  The  order  for  such 
removal,   stating  distinctly   the  causes  therefor,   must   be 


§  2577  PUBLIC    WATERS.  «« 

entered  on  their  minutes.  In  case  of  a  vacancy  in  such 
offices,  which  the  board  may  deem  necessary  to  be  filled, 
the  board  must  fill  the  same  by  appointment  for  four  years, 
subject  to  removal  as  hereinbefore  provided  in  this  sec- 
tion. During  the  time  of  any  vacancy  in  an  office  to  be 
filled  by  appointment  of  the  board,  the  members  of  the 
board  appointed  by  the  governor  shall  perform  any  and 
all  duties  of  such  offices  necessary  to  be  done,  as  far  as 
they  are  able  to  do  so,  and  they  may  employ  and  pay  for, 
out  of  the  funds  at  their  disposal,  temporary  assistance  in 
the  performance  of  such  duties.  And  it  shall  be  the  duty 
of  said  commissioners  to  cause  to  be  made,  without  un- 
necessary delay,  a  full  and  complete  map  of  the  entire 
water  front  of  the  harbor  of  San  Diego,  which  map,  after 
being  approved  and  adopted  by  said  board,  shall  be  the 
official  map  of  said  harbor,  and  a  certified  copy  shall  there- 
upon be  filed  in  the  office  of  the  county  recorder  of  San 
Diego  County.    En.  Stats.  1889,  306. 

Cal.  Rep.  Cit.     132,  219. 

§  2577.  Duties  of  employees.  The  secretary  must  keep 
the  office  of  the  board  open  every  day,  legal  holidays  ex- 
cepted, from  nine  o'clock  A.  M.  till  four  o'clock  P.  M.  He 
shall  safely  keep  and  be  responsible  for  all  moneys  paid 
into  the  office,  and  for  all  the  books  and  papers  of  the 
board,  attend  their  meetings,  and  keep  a  perfect  record 
of  their  proceedings,  with  the  names  of  the  commissioners 
present  thereat.  He  must  keep  in  proper  books  an  ac- 
count of  all  moneys  received*  and  paid,  and  on  or  before 
the  tenth  day  of  each  month  must  send  to  the  state  con- 
troller a  statement  thereof,  under  oath,  for  the  preceding 
month,  showing  the  sources  from  which  such  moneys 
were  received,  and  the  purposes  for  which  they  were  paid, 
and  must  also  report  to  the  controller  the  amount  paid 
to  the  state  treasurer  for  the  month  covered  by  such  state- 
ment. He  must  enter  daily,  in  proper  wharf-books,  the 
returns  made  by  the  wharfingers  and  collectors,  and,  on 
the  last  day  of  each  month,  settle  the  accounts  of  each 
of  them,  and  balance  the  said  books  as  soon  as  possible 
thereafter.  When  money  is  received  from  any  source,  he 
must  retain  a  stub  corresponding  in  number,  date,  and 
amount,  with  the  receipt  given  therefor,  and  he  must 
require  the  person  paying  it  to  sign  such  stub.  He  must 
record  at  length  all  contracts  and  agreements  made  by  the 
board,  and  also  all  bonds  executed  by  officers  of  the  board, 
and  keep  a  record  of  all  personal  property  purchased  and 
Its  cost,  and  in  case  any  be  sold,  the  name  of  the  pur- 


603  PUBLIC    WATERS.  §  2571 

chaser,  date  of  sale,  and  the  price  received  therefor.  Be- 
fore entering  on  the  xJuties  of  his  office  he  must  give  an 
official  bond  in  the  sum  of  twenty  thousand  dollars,  and 
take  and  subscribe  an  official  oath.  Said  bond  must  be 
approved  by  the  board  by  written  indorsement  thereon,  and 
be  filed  with  such  oath  in  the  office  of  the  secretary  of 
state.  The  assistant  secretary  shall  attend  at  the  office 
during  office  hours,  and  must  perform  such  services  as 
may  be  required  of  him  by  the  secretary  of  the  board. 
Before  entering  on  the  duties  of  his  office  he  must  give 
an  official  bond  in  the  sum  of  ten  thousand  dollars,  and 
take  and  subscribe  an  official  oath.  Said  bond  must  be 
approved  by  the  board  by  written  indorsement  thereon, 
and  be  filed  with  such  oath  in  the  office  of  the  secretary 
of  state.  The  attorney  shall  attend  to  the  prosecution  and 
defense  of  all  suits,  and  render  such  legal  services  as  may 
be  required  by  him  of  the  board.  The  chief  engineer  must 
prepare  such  plans  and  specifications  as  the  board  may 
direct,  and  if  adopted,  and  the  work  ordered  by  the  board 
to  be  done,  must  superintend  its  construction.  He  must 
give  constant  attention  to  the  condition  of  the  sea  wall  and 
thoroughfares,  of  the  sheds,  wharves,  piers,  and  landings, 
of  the  streets  or  parts  thereof  under  the  jurisdiction  of  the 
board,  and  of  the  construction  and  operating  of  the  sea- 
wall railroad,  and  when  repairs  are  needed  must  forthwith 
report  to  the  board,  in  writing,  their  nature  and  extent, 
and,  if  ordered  by  the  board,  must  have  the  same  done 
at  once.  He  must  keep  himself  informed  as  to  the  depth 
of  the  water  in  the  various  docks  and  slips,  and  report 
to  the  board  from  time  to  time  what  dredging  is  required. 
He  must  keep  a  register,  properly  indexed,  showing  the 
date,  place,  and  character  of  every  piece  of  work  done 
and  dock  dredged,  when  begun  and  when  finished,  with 
proper  descriptions  and  drawings.  He  must  take  and  sub- 
scribe an  official  oath,  and  give  a  bond  in  the  sum  o.f  ten 
thousand  dollars,  to  be  approved  by  the  uoard  by  written 
indorsement  thereon.  Said  bond  and  oath  must  be  filed 
in  the  office  of  the  board.  The  chief  wharfinger  must  sta- 
tion, berth,  and  regulate  the  position  of  vessels  in  the 
docks  and  harbors,  and  cause  them  to  remove  from  time  to 
time,  and  from  place  to  place,  as  the  general  convenience, 
safety,  and  good  order  may  require.  Subject  to  such  regu- 
tions,  he  must  assign  berths  to  vessels  in  the  order  of 
their  application  after  entering  the  harbor.  He  must  sup- 
ervise the  wharfingers,  and  report  to  the  board  all  cases 
of  failure  to  perform  their  duties,  and  require  all  ship- 
masters,   consigners,    pilots,   and   masters   of   towboats   to 

20 


§  2577  PUBLIC    WATERS.  BM 

conform  to  the  regulations  of  the  board.     He  must  require 
the  docks,  slips,  wharves,  piers,  and  other  premises  under 
the  jurisdiction  of  the  board  to  be    kept    free    from    all 
obstructions,   and  when  parties  fail  to  obey  his  order  to 
remove  the  same,  he  must  forthwith  report  the  fact  to  the 
board,  and  execute  their  order  in  relation  thereto.     And 
it  shall  be  his  duty  to  execute  and  enforce  the  rules  and 
regulations  which  may  be  established  by  such  board  pur- 
suant to  the  provisions  of  this  article,  and  he  is  also  em- 
powered to  determine  cases  of  collision  by  consent  of  all 
parties   interested,    and     where    damages    do     not    exceed 
three   hundred   dollars,   the    decision    is    final.     He    shall 
take   in   charge   all   abandoned   watercraft   and    all     boats 
picked  up  adrift,  and  secure  the  same,  after  which  he  shall 
advertise  for  one   week  in  one   of  the    daily    newspapers 
printed  in  the  city  of  San  Diego,  giving  the  full  particulars 
pertaining  to  the  same,  and  request  all  parties  interested 
to  appear  and  establish  their  title  or  claim  thereto,  within 
twenty  days  from  the  last  publication.     If  claimed  within 
said  period,  such  property  shall  be  delivered  to  the  owner 
on  payment  of  all  costs  of  removing,  securing,  and  adver- 
tising the  same.     If  not  claimed  within  said  period,  or  if 
the  owner  fails  to  pay  the  charges,  such  property  shall  be 
sold  by  the  chief  wharfinger  to  the  highest  bidder,  at  pub- 
lic   auction;     less    the    cost    shall   be  paid  the  owner,   if 
claimed  by  him,  or  if  not  claimed  by  the  owner,  shall  be 
paid  to  the  board  of  state  harbor  commissioners;   but  the 
owner   shall   be   entitled   to   receive   from   said   board   the 
amount  '^o  paid,  if  he  claim  the  same  within  one  year  from 
the  date  of  said  payment.    For  the  purposes  of  this  section 
the  harbor  of  San  Diego  shall  be    the    tidewaters    of    the 
entire  bay  of  San  Diego,  and  the  jurisdiction  of  the  chief 
wharfinger  shall,  when  performing  the  duties  required  by 
this  section,   be   coextensive    with    such    tidewaters.     The 
chief  wharfinger  shall  keep   an  oflEice  in  some  convenient 
place  upon  the  city  front,  which  shall  be  kept  open  every 
day    (Sundays    and    holidays  excepted)   from  7  A.   M.   till 
G  P.  M.     The  commissioners  shall  furnish  a  suitable  build- 
ing for  an  oflace,  for  the  exclusive  use  of  said  chief  wharf- 
inger and  assistant   chief   wharfinger,   with   suitable  oflace 
furniture.     And  it  shall   be  the  duty  of    all    pilots,    mas- 
ters  of   tugboats,     masters,     owners,     and     consignees     of 
vessels,  to  obey  all   lawful  orders  and    directions    of    the 
chief  wharfinger  in   relation  to  the  stationing,  anchoring, 
and  removing  of  vessels  under  and  pursuant  to  such  rules 


605  PUBLIC    WATERS.  ,  {  2578 

and  regulations.  He  must  take  and  subscribe  an  official 
oath,  and  give  such  official  bond  as  the  board  may  require, 
subject  to  their  approval  to  be  indorsed  thereon.  Said 
bond  and  oath  must  be  filed  in  the  office  of  the  board.  The 
wharfingers  shall  have  supervision  of  the  wharves  to 
which  they  are  assigned,  and  must  require  the  regulations 
of  the  board  and  orders  of  the  chief  wharfinger  to  be  re- 
spected and  obeyed,  and  good  order  to  be  preserved  there- 
on. The  collectors  must  collect  the  revenues  in  such 
manner  as  the  board  may  direct,  and  must  daily  account 
foy  and  pay  all  moneys  in  the  office.  The  wharfingers  and 
collectors  must  take  and  subscribe  an  official  oath,  and 
give  such  official  bond  as  the  board  may  require,  subject  to 
their  approval,  to  be  indorsed  thereon.  Said  bond  and 
oath  to  be  filed  in  their  office.  All  the  above-named  officers 
must  perform  such  other  duties  pertaining  to  their  posi- 
tions as  the  board  may  from  time  to  time  prescribe.  The 
board  may,  in  its  discretion,  employ  an  assistant  to  the 
chief  engineer,  an  assistant  to  the  chief  wharfinger,  a 
draughtsman,  a  superintendent  of  dredges,  a  yardmaster, 
and  such  men  on  the  dredges,  scows,  tugboats,  fireboats, 
and  railroad,  and  in  doing  urgent  repairs,  as  they  deem  ad- 
visable, and  prescribe  their  bonds,  duties,  and  compensa- 
tion; such  employees  shall  hold  their  positions  and  be 
removable  at  the  pleasure  of  the  board;  but  no  officer 
or  employee  of  the  board  shall  be  removed  or  otherwise 
prejudiced  for  refusing  to  contribute  to  any  political  fund, 
or  to  render  any  political  service;  nor  shall  the  board, 
collectively  or  individually,  use  their  official  influence  to 
coerce  the  political  action  of  any  of  the  officers  or  em- 
ployees. Nor  shall  the  state  dredgers  be  employed  to 
dredge  slips  not  under  the  control  of  the  state,  nor  private 
work  of  any  character.  Nor  shall  the  commissioners,  nor 
their  appointees,  be  interested  in  any  contract  for  the 
erection  or  repairing  of  any  work  described  in  tnis  article. 
Any  commissioner  or  appointee  who  shall  be  is  interested 
is  guilty  of  a  felony.     En.  Stats.  1889,  307. 

§  2578.  Prosecution  of  actions.  The  commissioners  may 
institute  and  prosecute  to  final  judgment  actions  in  the 
name  of  the  people  of  the  state  of  California,  for  the 
possession  of  any  portion  of  the  premises  described  in 
this  article,  or  for  the  collection  of  any  money  due  or  that 
may  become  due  the  state  by  authority  of  this  article;  and 
the  commissioners  may    also    institute    and    prosecute    to 


§  2579  PUBLIC    WATERS.  806 

final  judgment  actions  for  the  removal  of  all  unlawful 
obstructions  in  or  upon  said  premises,  or  for  the  removal 
of  all  unlawful  obstructions  in  or  upon  the  streets  through 
the  center  of  which  the  inshore  line,  or  line  nearest  the 
main  land  bounding  said  premises,  runs.  They  may  also 
remove  any  unlawful  obstructions  thereon  after  the  owner, 
possessor,  or  occupant,  of  such  obstruction  shall  have  five 
days'  notice,  in  writing,  to  remove  the  same,  either  served 
on  such  owner,  possessor,  or  occupant,  or  posted  upon  said 
obstruction  bj'  the  chief  wharfinger,  assistant  wharfinger, 
or  wharfinger.  En.  Stats.  1889,  310. 
Cal.  Rep.  Cit.     132,  220. 

§  2579.  Control  of  bay.  Construction  of  wharves.  Dock- 
age. Regulations.  The  commissioners  shall  have  posses- 
sion and  control  of  the  entire  bay  of  San  Diego,  together 
with  the  improvements,  rights  privileges,  easements,  and 
appurtenances  connected  therewith,  or  in  any  wise  ap- 
pertaining thereto,  for  the  purposes  in  this  article  pro- 
vided. And  said  commissioners,  in  addition  to  a  general 
control  over  said  premises,  shall  have  authority  to  use  for 
loading  and  landing  merchandise,  with  a  right  to  collect 
dockage,  wharfage,  and  tolls  thereon,  such  portions  of  the 
streets  of  the  city  of  San  Diego,  or  any  city  or  town  ending 
or  fronting  upon  the  waters  of  the  bay  of  San  Diego  as  may 
be  used  for  such  purposes  without  obstructing  the  same 
as  thoroughfares,  and  authority  to  rent  an  ofiice  in  any 
portion  of  the  city  of  San  Diego,  and  purchase  from  time 
to  time  suitable  books  for  the  records  of  the  secretary  and 
accounts  of  the  wharfingers,  together  with  such  stationery 
as  may  be  required  by  the  board,  and  to  fix  and  regulate 
from  time  to  time  the  rates  of  dockage,  wharfage,  cranage, 
tolls,  and  rents  and  collect  such  an  amount  of  revenue 
therefrom  as  will  enable  the  commissioners  to  perform 
the  duties  required  of  them  by  authority  of  this  article. 
And  the  commissioners  may  so  modify  and  establish  such 
rates  of  dockage,  and  wharfage,  collecting,  as  near  as  pos- 
sible, equal  amounts  from  dockage  and  wharfage.  When 
such  modification  has  been  made,  the  collection  of  tolls 
must  be  abolished,  and  the  toll  collectors  discharged. 
The  commissioners  shall  construct  such  number  of  wharves 
as  the  wants  of  commerce  shall  require,  and  shall  locate 
such  wharves  at  such  points  and  upon  such  lines  as  the 
board  may  deem  most  suitable  for  the  best  interest  of  com- 
merce, and  shall  repair    and    maintain    all    the    wharves, 


607  PUBLIC    WATERS.  8  ''»T1» 

piers,  quays,  landings,  and  thoroughfares  the  wants  of 
commerce  may  require,  and  generally  to  erect  all  such 
improvements  as  may  be  necessary  for  the  safe  landing, 
loading,  and  unloading,  and  protection  of  all  classes  of 
merchandise,  and  for  the  safety  and  convenience  of  pas- 
sengers passing  into  and  out  of  the  city  of  San  Diego,  or 
any  city  or  town  on  the  bay  of  San  Diego,  by  water.  But 
no  wharf  shall  be  constructed  upon  such  place  or  line  as 
will  cause  any  slip  or  dock  to  be  less  than  one  hundred  and 
thirty-six  feet  wide  at  the  most  narrow  point  between  the 
wharves.  When  they  determine  that  a  new  wharf  shall  be 
eretted,  or  any  other  necessary  improvement  constructed, 
or  repairs  made,  or  dredging  machines,  scows,  steam  tugs, 
and  any  necessary  machinery,  the  cost  of  which  shall  ex- 
ceed three  thousand  dollars,  they  shall  advertise  for 
sealed  proposals  for  a  period  of  not  less  than  ten  days 
in  one  or  moi'e  of  the  daily  newspapers  in  the  city  of 
San  Diego.  Every  proposal  shall  be  accompanied  by  a 
certified  check  for  an  amount  equal  to  five  per  cent  of  the 
amount  of  such  proposal,  such  check  to  be  made  payable 
to  the  order  of  the  secretary  of  said  board,  conditioned  if 
the  proposal  is  accepted  and  the  contract  awarded,  and 
if  the  bidder  shall  fail  or  neglect  to  execute  the  contract 
and  give  the  bond  required  within  six  days  after  the 
award  is  made,  in  that  case  said  sum  mentioned  in  said 
check  shall  be  paid  into  the  state  treasury  by  said  secre- 
tary as  liquidated  damages  for  such  failure  and  neglect,  as 
a  portion  of  San  Diego  Harbor  improvement  fund.  Such 
advertisement  shall  contain  a  general  description  of  the 
work  to  be  done,  the  materials  to  be  used,  the  place  where 
to  be  used,  and  must  refer  to  specifications,  which  must 
contain  full  and  accurate  description  of  the  work  to  be 
performed,  the  material  to  be  used,  which  specifications 
shall  be  kept  in  the  oflice  of  the  secretary  of  the  board 
in  such  manner  that  all  persons  may  inspect  the  same 
during  the  usual  business  hours  of  all  days  except  Sun- 
days and  holidays.  On  a  day  named  in  the  advertisement, 
the  commissioners  shall  open  the  bids  in  the  presence  of 
such  bidders  as  are  present,  and  award  the  contract  to  the 
lowest  bidder,  who  shall  furnish  sufficient  sureties  to 
guarantee  the  performance  of  the  work.  If  in  the  opinion 
of  the  commissioners,  the  bids  are  too  high,  they  may 
reject  them  and  advertise  anew  in  like  manner  as  before. 
If,  in  the  opinion  of  the  commissioners,  the  second  bids 
are  too  high,   they   may  reject   them    likewise   and  enter 


§  2579  PUBLIC  WATERS.  60S 

into  contract  with  responsible  parties  without  giving  fur- 
ther notice.  Any  contract  entered  into  without  giving 
further  notice  and  receiving  bids  must  be  at  least  ten  per 
cent  lower  than  the  lowest  rejected  bid.  The  board  may 
construct  such  harbor,  embankment  or  seawall,  as  shall 
be  necessary  to  protect  the  harbor  of  San  Diego,  and 
dredge  such  number  of  slips  and  docks  as  the  commerce 
of  the  port  of  San  Diego  may  require,  to  a  depth  that  will 
admit  of  the  easy  and  free  ingress  and  egress  of  all  classes 
of  watercraft  that  load  and  discharge  cargoes  at  the 
wharves,  piers,  quays,  landings,  and  thoroughfares  in  the 
harbor  of  San  Diego;  to  perform  which  dredging . said 
board  of  state  harbor  commissioners  for  the  bay  of  San 
Diego  are  hereby  authorized  and  empowered  to  hire,  em- 
ploy, purchase,  or  construct  dredging  machines,  scows, 
steam  tugs,  and  the  necessary  machinery,  and  employ  men 
for  operating  the  same.  When  any  portion  of  the  premises 
described  in  this  article  shall  be  dredged,  the  sand,  mud, 
or  other  substances  shall  be  deposited  in  a  place  desig- 
nated by  the  board.  All  classes  of  watercraft  that  use 
or  make  fast  to  any  wharf,  pier,  quay,  landing,  or  thor- 
oughfare, and  land  upon  or  load  therefrom  any  goods, 
wares,  or  merchandise,  shall  be  liable,  and  must  pay  to 
the  commissioners  such  rates  of  dockage  as  shall  be  fixed 
by  authority  of  this  article;  and  all  such  watercraft  as 
shall  discharge  or  receive  any  goods,  wares,  or  merchan- 
dise while  moored  in  any  slip,  dock,  or  basin  within  the 
jurisdiction  of  the  commissioners,  shall  pay  one-half  the 
regular  rates  of  dockage.  Any  watercraft  that  shall  leave 
any  wharf,  pier,  quay,  landing,  thoroughfare,  slip,  dock,  or 
basin  unless  forced  to  do  so  by  stress  of  weather,  with- 
out first  paying  regular  rates  of  dockage  due  from  such 
vessel,  shall  be  liable  to  pay  a  fine  not  to  exceed  five 
hundred  dollars.  The  charge  for  wharfage  and  tolls  shall 
be  a  lien  upon  all  goods,  wares,  and  merchandise  landed 
upon  any  of  the  wharves,  piers,  quays,  landings,  or  thor- 
oughfares upon  the  premises  described  in  this  article; 
and  the  commissioners,  their  agents,  or  lessees  may  hold 
possession  of  any  such  goods,  wares,  or  merchandise  so 
landed  as  aforesaid,  to  secure  the  payment  of  such  wharf- 
age and  tolls,  and  for  the  purpose  of  such  lien  are  deemed 
to  have  possession  of  such  goods,  wares,  and  merchandise 
BO  landed,  until  such  charges  of  wharfage  and  toll  are 
paid.  The  commissioners  shall  have  power  to  make  rea- 
sonable rules  and  regulations  concerning  the  control  and 
management  of  the  property  of  the  state  which  Is  in- 
trusted to  them  by  virtue  of  this  article;   and  said  com- 


609  PUBLIC    WATERS.  S  ''i^'!^ 

missioners  are  hereby  authorized  and  required  to  malce, 
without  delay,  and  from  time  to  time,  and  publish  not  less 
than  thirty  days  in  a  daily  newspaper  of  general  circula- 
tion published  in  the  city  of  San  Diego,  all  needful  rules 
and  regulations,  not  inconsistent  with  the  laws  of  the 
state  or  of  the  United  States,  in  relation  to  the  moving 
and  anchorage  of  vessels  in  said  harbor,  providing  and 
mantaining  free,  open,  and  unobstructed  passageways  for 
steam  ferryboats  and  other  steamers  navigating  the  waters 
of  the  bay  of  San  Diego,  so  that  such  steamers  can  con- 
veniently make  their  trips  without  impediment  from 
vessels  at  anchor  or  other  obstacles.  And  said  commis- 
sioners may  also  make  all  needful  rules  and  regulations 
governing  the  removal  of  such  vessels  from  the  wharves 
and  other  landings,  and  from  slips  and  docks  as  are  not 
engaged  in  receiving  or  discharging  cargo,  prescribing  the 
time  during  which  goods,  wares,  and  merchandise  landed 
upon  any  wharf,  pier,  quay,  landing,  or  thoroughfare  shall 
be  permitted  to  remain  thereon,  and  may  divide  the  same 
into  several  classes,  and  may,  by  such  rules  and  regula- 
tions, provide  that  in  case  any.  such  goods,  wares,  or 
merchandise,  remain  upon  any  wharf,  pier,  quay,  landing 
or  thoroughfare  beyond  the  time  so  prescribed,  the  re- 
spective wharfinger  may,  under  the  order  of  the  com- 
missioners, remove  and  deposit  the  same  in  a  suitable 
place,  at  the  charge,  risk,  and  expense  of  the  owner 
thereof.  When  any  goods,  wares,  or  merchandise  shall 
have  remained  upon  any  wharf,  pier,  quay,  landing,  or 
thoroughfare  more  than  twenty-four  hours,  the  commis- 
sioners may,  in  their  discretion,  charge  such  additional 
rates  for  each  subsequent  day  as  in  their  opinion  is  just 
and  equitable.  The  commissioners  may,  in  their  discretion, 
set  apart  and  assign  for  the  exclusive  use  of  the  watercraft 
used  by  the  officers  of  the  federal  government,  such  con- 
venient and  safe  landings  as  such  officers  may  require, 
together  with  suitable  premises  near  such  buildings  as 
may  be  set  apart  and  assigned  for  their  use,  upon  which 
premises  such  officers  may  cause  to  be  erected  offices 
and  storehouses  to  suit  their  convenience,  and  the  com- 
missioners shall  charge  a  reasonable  compensation  per 
month  for  the  use  of  such  landings,  and  office  and  store- 
house premises,  set  apart  and  assign  a  suitable  and 
proper  locality  for  the  use  of  the  harbor  police  of  the 
city  of  San  Diego,  and  also  a  suitable  place  for  a  boat- 
house  station  for  the  exclusive  use  of  the  quarantine  and 
health  officers  of  said  city,  without  compensation;  set 
apart  and  assign  for  the  exclusive  use  of  steam  ferryboats 

Pol.  Code— 39 


§  2579  PUBLIC    WATERS.  610 

suitable  slips  in  which  such  structures  may  be  erected  as 
will  secure  the  safe  and  convenient  landing  of  passengers, 
and  safe  landing  and  delivery  of  freight;  set  apart  and 
assign  suitable  wharves,  berths,  or  landings,  for  the  ex- 
clusive use  of  vessels;  to  construct  suitable  sheds,  gates, 
and  other  temporary  structures  as  may  be  necessary  for 
the  safe  and  convenient  landing  of  passengers,  and  safe 
landing  and  delivery  of  freight;  and  set  apart  and  assign 
for  the  sole  and  exclusive  use  of  the  fishermen  of  the  city 
of  San  Diego,  such  place  or  places,  as  the  said  commis- 
sioners shall  deem  proper  and  suflacient,  and  for  no  other 
purpose.  The  commissioners  may  assign  suitable  places 
for  the  landing  of  horses,  cattle,  sheep,  and  swine,  and 
when  such  places  have  been  assigned,  it  shall  be  a  mis- 
demeanor for  a  commander  of  any  watercraft  to  land  any 
greater  number  than  ten  at  any  one  time  from  any  water- 
craft  at  any  other  place.  The  commissioners  may  set  apart 
for  the  uses  and  purposes  of  drydocks  and  marine  railways 
such  portions  of  the  water  front  as  the  wants  of  com- 
merce may  require,  and  lease  the  same  for  a  period  not 
to  exceed  ten  years.  When  the  commissioners  lease 
premises  for  marine  railways  and  drydock  purposes,  as 
provided  in  this  section,  they  shall  advertise  fbr  sealed 
proposals,  for  a  period  of  not  less  than  ten  nor  more  than 
twenty  days,  in  one  of  the  daily  newspapers  of  the  largest 
circulation,  printed  in  the  city  of  San  Diego,  which  adver- 
tisement shall  contain  a  description  of  the  premises  to  be 
leased.  On  the  day  named  in  the  advertisement,  the  com- 
missioners shall  open  the  bids  in  the  presence  of  such  of 
the  bidders  as  are  present,  and  award  the  premises  to  the 
highest  responsible  bidder  that  shall  furnish  suflBcIent 
sureties  to  guarantee  the  payment  of  the  rent,  and  may 
negotiate  for,  and  accept,  and  cancel,  any  lease  of  any 
portion  of  the  premises  described  in  this  article,  and  pay 
a  reasonable  compensation  for  any  structures  upon  any 
such  leased  premises  as  in  the  opinion  of  the  board  and 
engineer  may  be  useful  for  such  commercial  purposes  as 
this  article  is  intended  to  promote.  No  person  or  company 
shall,  without  the  consent  of  the  board  of  state  harbor 
commissioners,  land  or  remove  any  goods,  wares  or  mer- 
chandise, or  other  thing,  upon  or  from  any  wharf,  pier, 
quay,  landing,  or  thoroughfare  situate  upon  the  premises 
described  in  this  article,  unless  authorized  to  do  so  by 
virtue  of  valid  lease;  nor  shall  any  person  collect  dockage, 
wharfage,  cranage,  rent,  or  toll,  within  the  boundaries  of 
the  premises  described  in  this  article,  except  by  virtue  of 
valid   leases,   without   first  obtaining  permission  to  do  so 


611  PUBLIC    WATERS.  S  257S 

from  said  commissioners;  nor  shall  any  person  or  com- 
pany place  or  cause  to  be  placed  any  obstructions  in  the 
bay  of  San  Diego,  nor  upon  any  wharf,  pier,  quay,  landing, 
or  thoroughfare,  without  the  consent  of  the  board.  When- 
ever any  wharf,  pier,  quay,  landing,  or  thoroughfare  in 
the  harbor  of  San  Diego  shall  be  incumbered  or  their 
free  use  interfered  with  by  goods,  wares,  merchandise,  or 
other  substance,  whether  loose  or  built  upon  or  fixed 
to  any  such  wharf,  pier,  quay,  landing,  or  thoroughfare, 
it  shall  be  the  duty  of  the  commissioners  to  notify  In 
writing  (which  notice  may  be  served  by  a  wharfinger, 
or  by  the  secretary  or  assistant  secretary  of  the  board), 
the  owner,  agent,  occupant,  or  person  placing  or  keeping 
such  obstructions  thereon,  to  remove  the  same  within 
twenty -four  hours  after  the  serving  of  such  notice;  and 
in  case  of  failure  to  comply  with  such  notice,  and  remove 
such  obstructions,  the  owner,  agent,  occupant,  or  person 
so  notified  shall  be  liable  to  pay  the  commissioners  the 
sum  of  twenty-five  dollars  for  each  and  every  day  during 
which  said  obstructions  shall  remain  upon  any  such  wharf, 
pier,  quay,  landing,  or  thoroughfare;  and  the  commission- 
ers shall  have  power,  in  their  discretion,  to  remove  any 
such  incumbering  substance,  and  store  the  same  in  any 
suitable,  convenient  and  safe  place,  and  a  sum  equal  to 
the  amount  of  the  expenses  of  the  removal,  together  with 
all  other  necessary  charges,  shall  be  paid  by  the  owner  of 
such  incumbering  substance  to  the  commissioners,  and 
such  sum  and  necessary  charges  shall  be  a  lien  on  such 
substance  until  paid.  The  commissioners  are  authorized 
to  assign  berths  or  slips  for  the  exclusive  use  of  sea-going 
steamers,  ferryboats,  and  steamboats  navigating  the  waters 
of  the  bay  of  San  Diego  and  its  tributaries,  and  to  con- 
struct suitable  oflBces,  sheds,  and  inclosures  for  the  accom- 
modation of  their  business,  and  may  charge  for  such 
exclusive  use  a  reasonable  sum,  irrespective  of  their 
tonnage  or  the  number  of  days  such  berth  is  occupied. 
For  the  purpose  of  enforcing  the  charge  for  wharfage  or 
toll  on  goods,  wares,  and  merchandise,  landed  on  any 
wharf,  pier,  or  thoroughfare,  or  remaining  thereon  longer 
than  the  time  prescribed  by  the  harbor  regulations  the 
said  commissioners  are  authorized  to  take  possession  of 
such  goods,  wares,  and  merchandise;  and  if  such  charge 
be  not  paid  within  two  days  thereafter,  may  remove  and 
store  the  same  at  the  charge,  risk,  and  expense  of  the 
owner  or  consignee  thereof;  or  may  sell  the  same  by 
public  auction,  with  or  without  notice,  at  their  discretion; 
and  for  the  purpose  of  keeping  the  wharves,  piers,  and 


§  2580  PUBLIC    WATERS.  612 

thoroughfares  free  of  obstructions,  the  said  commissioners 
shall  cause  a  written  notice  to  be  served  on  the  owner, 
agent,  consignee,  or  person  in  possession  of  any  such 
obstructing  material  or  structure;  or  may  post  a  notice 
thereon,  at  their  discretion,  requiring  its  removal  within 
twenty-four  hours  thereafter;  and  on  a  failure  to  comply 
therewith,  tht  commissioners  may  remove,  store  or  sell 
the  same  by  public  auction,  at  their  discretion.  From  the 
proceeds  of  any  such  sale  they  shall  retain  all  the  wharf- 
age and  tolls  due,  with  ten  per  cent  thereon;  and,  in 
case  o^  obstructions,  twenty-five  dollars  for  each  and  every 
day  during  which  the  wharf,  pier,  or  thoroughfare  has 
been  obstructed,  and  also  all  the  expenses  attending  such 
sale,  and  the  surplus,  if  any,  shall  be  paid  to  the  proper 
party.  Such  sale  shall  be  made  subject  to  immediate 
removal.    En.  Stats.  1889,  310. 

Cal.  Rep.  Cit.    132,  220. 

§  2580.  Extending  streets.  The  board  of  state  harbor 
commissioners  for  the  bay  of  San  Diego  are  authorized 
to  extend  any  of  the  streets  lying  along  the  water  front 
of  said  city  and  county,  to  a  width  not  exceeding  one 
hundred  and. fifty  feet,  where  they  have  not  been  already 
so  extended.  The  outer  half  of  such  streets  must  be 
constructed  or  built  and  maintained  in  good  repair  by  the 
state  harbor  commissioners,  or  parties  holding  under 
them,  and  may  be  used  as  a  landing-place  or  pier,  on 
which  dockage,  wharfage,  and  tolls  may  be  collected;  and 
until  such  extensions  are  made  the  commissioners  may 
have  and  use  as  a  landing-place,  with  full  power  to  collect 
dockage,  wharfage,  and  tolls  thereon,  so  much  of  the  streets 
now  fronting  upon  the  water  front  as  may  be  used  for 
such  purpose  without  obstructing  the  same  as  a  thorough- 
fare. The  inner  half  of  such  streets  shall  be  constructed 
and  maintained  in  good  repair  by  the  owners  of  the  lots 
abutting  thereon.  The  commissioners  are  authorized  to 
construct  across  the  outer  half  of  said  streets  an  extension 
of  the  sewers  of  the  said  city,  if  it  be  necessary  to  take 
any  land  for  the  purpose  of  widening  any  such  street. 
When  it  becomes  necessary  for  the  commissioners  to  con- 
struct any  wharve's  on  the  line  of  the  water  front,  they 
are  authorized  to  adopt  and  pay  for  any  structures  which 
would  form  part  of  such  wharves,  and  which  have  been 


613  PUBLIC    WATERS.  §S  2581-2583 

constructed  along  such  line  by  private  parties  prior  to  the 
passage  of  this  act.    En.  Stats.  1889,  315. 

§  2581.  Right  of  eminent  domain.  The  embankments 
sea  walls,  thoroughfares,  streets,  wharves,  and  other  public 
places  provfded  for  in  this  act  are  hereby  declared  a  pub- 
lic use,  in  the  laying  out  and  construction  of  which  the 
right  of  eminent  domain  may  be  exercised  by  the  harbor 
commissioners  in  the  name  of  the  people  of  the  state  for 
the  estates  and  rights,  and  in  the  manner  provided  in  part 
three,  title  eight,  of  the  Code  of  Civil  Procedure.  The 
said  commissioners  are  authorized  to  pay  out  of  the  harbor 
improvement  fund  any  compensation  and  damages  assessed 
in  such  proceedings.     En.  Stats.  1889,  315. 

§  2582.  Limit  on  collections.  No  greater  amount  of 
money  shall  in  the  main  ever  be  collected  bj''  the  collec- 
tion of  dockage,  wharfage,  tolls,  rents,  and  cranage  than 
shall  be  necessary  to  construct  and  keep  in  repair  such 
number  of  wharves,  piers,  landings,  and  thoroughfares, 
construct  sheds,  dredge  such  number  of  slips  and  docks, 
constructing  a  sea  wall  and  harbor  embankment,  construct 
and  operate  a  railway  on  the  sea  wall,  and  pay  incidental 
expenses  allowed  to  be  paid  by  this  article.  En.  Stats. 
1889,  315. 

§  2583.  Contract,  validity  of.  No  contract  or  obligation 
entered  into  by  the  harbor  commissioners,  which  creates 
a  liability  or  authorizes  the  payment  of  money,  shall  be 
valid  or  of  binding  force  unless  signed  by  all  three  of  the 
commissioners,  and  countersigned  by  the  secretary  of  the 
board;  nor  shall  any  contract  involving  the'  payment  of 
money  be  made  by  the  said  commissioners,  unless  the 
amount  then  to  the  credit  of  the  harbor  improvement  fund, 
together  with  the  revenue  estimated  to  accrue  up  to  the 
time  of  the  maturity  of  such  contract,  over  and  above  the 
current  expenses  of  the  commission,  be  sufficient  to  meet 
the  payments  to  become  due  thereon;  provided,  such 
estimate  of  revenue  shall  be  limited  as  to  time  to  one  year, 
and  as  to  amount  to  the  amount  of  revenue  of  the  preced- 
ing year.  En.  March  12,  1872.  Rep.  1875-6,  52.  En.  Stats. 
1889,  316. 


§§  2584,  2585  PUBLIC   WATERS.  614 

§  2584.  Moneys,  disposition  of.  Of  the  moneys  collected, 
there  shall  be  retained  by  said  commissioners,  commencing 
with  April  1st,  1905,  such  sums  as  may  be  necessary  to  pay 
the  salaries  of  said  commissioners,  and  that  of  the  sec- 
retary of  said  board,  and  the  fees  or  compensation  of  its 
attorney  and  engineer,  and  such  salaries  as  may  be  fixed 
for  any  employees  appointed  by  said  board;  also  such  sums 
as  may  be  necessary  to  pay  office  rent,  cost  of  office  furni- 
ture, books,  stationery,  lights,  fuel,  repairs  to  wharves  and 
such  legal  and  other  incidental  expenses  connected  with 
the  prosecution  or  defense  of  any  suit  or  suits,  instituted 
by  or  against  said  board  of  harbor  commissioners,  which 
said  sum  or  sums  of  money,  so  retained  by  said  board  of 
harbor  commissioners,  shall  be  deposited  in  some  bank, 
selected  by  said  board,  as  its  depository,  in  the  name  and 
to  the  credit  of  "The  Board  of  Harbor  Commissioners  for 
the  Bay  of  San  Diego,"  and  shall  be  disbursed  and  paid  out 
upon  checks  drawn  upon  said  account,  signed  by  the  presi- 
dent of  said  board  and  countersigned  by  the  secretary 
thereof.  After  the  full  payment  of  all  liabilities  incurred 
for  the  purposes  hereinbefore  specified,  any  excess  of  col- 
lections over  and  above  that  required  to  meet  the  current 
expenses  of  said  board  shall  be  remitted  to  the  state  treas- 
urer by  express.  En.  March  12,  1872.  Rep.  1875-6  52.  En. 
Stats.  1889,  316.     Am'd.  1905,  510. 

§  2585.  Vouchers.  Warrants.  Drafts.  The  commis- 
sioners shall  take  vouchers  for  all  sums  of  money  by 
them  expended  under  the  authority  of  this  article,  except- 
ing fifty  dollars  per  month  for  postage  stamps,  express 
and  otl;er  incidental  expenses,  and  safely  keep  the  same  on 
file  in  the  office  of  the  board  For  all  sums  of  money  paid 
by  the  commissioners  excepting  those  mentioned  in  sec- 
tion two  thousand  five  hundred  and  eighty-three  drafts 
shall  be  drawn  by  them  on  the  controller  of  state  counter- 
signed by  the  secretary  of  the  board  and  the  controller 
of  state  shall  draw  his  warrant  on  the  state  treasurer, 
who  shall  pay  the  same  out  of  any  money  in  said  treasury 
credited  to  the  San  Diego  Harbor  Improvement  fund.  No 
warrant  shall  be  drawn  by  the  controller  upon  the  treas- 
urer of  the  state  as  provided  in  this  section,  unless  the 
order  bears  the  signature  of  all  three  commissioners,  and 


«15  PUBLIC    WATERS.  §§  2586-25SS 

of  the  secretary  of  the  board.     En.  March  12,  1872.     Rep. 
1875-6,  52.     En.  Stats.  1889,  316. 

§  2586.  Report  to  controller.  On  the  payment  to  the 
state  treasurer  of  any  sum  of  money,  the  secretary  and 
state  treasurer  must  report  to  the  state  controller  the 
amount  so  paid,  and  the  treasurer  must  give  the  board  a 
receipt  for  the  same.  Such  payments  shall  be  considered 
as  payments  into  the  state  treasury,  and  the  treasurer 
shall  be  responsible  on  his  official  bond  therefor.  En. 
March  12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  316. 

§  2587.  Ex-officio  members  of  board.  The  governor  of 
the  state,  and  the  mayor  of  the  city  of  San  Diego,  and  the 
mayor  of  National  City,  are  hereby  made  ex-officio  addi- 
tional members  of  the  board  of  state  harbor  commission- 
ers, for  the  special  purposes  herein  mentioned,  and  shall 
take  part  in  the  action  of  the  board  as  hereinafter  provided. 
En.  March  12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  317. 

§2588.  Sea  wall,  surveys  for.  The  board  of  state  harbor 
commissioners  are  hereby  authorized,  and  empowered, 
and  directed,  within  one  year  from  and  after  the  passage 
of  this  act,  to  employ  two  consulting  civil  engineers,  to 
act  in  concert  with  the  engineers  of  the  board,  to  make 
a  survey,  select  and  locate  a  line  for  a  harbor  embankment 
or  sea  wall,  and  make  a  report  of  their  doings  to  said 
commissioners,  who  shall,  after  receiving  the  same,  ap- 
point a  time  for  holding,  at  the  office  of  the  board,  a 
special  meeting  of  the  board,  to  consider  the  question  of 
adoption  or  rejection  of  the  same.  The  board  shall,  at 
least  ten  days  previous  to  said  meeting,  notify  the  gov- 
ernor of  the  state,  and  the  mayor  of  the  city  of  San  Diego, 
and  the  mayor  of  National  City  of  the  time,  place,  and 
object  of  said  meeting  of  said  board,  and  shall  request 
them  to  be  present  and  take  part  in  the  consideration  of 
the  question;  and  at  said  meeting  or  any  adjourned  meet- 
ing thereof,  the  governor  and  said  mayors  shall  be  deemed 
additional  members  of  said  board,  with  like  powers  and 
rights  as  the  other  members  thereof.  If  they  are  not 
present  at  the  meeting,  the  board  shall  adjourn  to  a  day 
certain,   and   notify   them   anew   as   before;    and   if   either 


§§  2589-2591  PUBLIC    WATERS.  618 

be  present  at  the  adjourned  meeting,  with  three  commis- 
sioners, action  may  be  had,  and  an  affirmative  vote  of  all 
four  present  shall  determine  the  question;  any  less  vote 
shall  be  a  negative  vote.  But  the  board  may  order  new 
surveys  and  locations,  which  may  be  adopted  or  rejected, 
in  like  manner  as  before.  If  the  vote  is  in  the  affirmative, 
the  line  adopted  shall  be  thenceforth  the  line  of  the  harbor 
embankment  and  sea  wall  of  the  harbor  of  San  Diego.  En. 
March  12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  317. 

§  2589.  Harbor  improvement  fund.  On  and  after  the 
passage  of  this  act,  the  treasurer  of  the  state  shall  keep 
the  money  remitted  to  him  by  the  board  of  state  harbor 
commissioners  for  San  Diego  to  the  credit  of  a  fund  to 
be  known  as  the  San  Diego  Harbor  improvement  fund, 
after  which  all  drafts  drawn  by  this  board  shall  be  paid 
by  the  treasurer  out  of  the  San  Diego  Harbor  improvement 
fund.  En.  March  12,  1872.  Rep.  1875-6,  52.  En.  Stats. 
1889,  317. 

§  2590.     Moneys  to  be  kept  separate  by  state  treasurer. 

The  state  treasurer  shall  receive  all  moneys  paid  by  the 
state  harbor  commissioners  for  San  Diego,  and  keep  the 
same  in  a  separate  fund,  to  be  known  as  the  San  Diego 
Harbor  improvement  fund,  and  pay  out  the  same  as  pro- 
vided for  in  this  article,  and  shall  keep  an  accurate  account 
of  all  moneys  received  by  him  and  paid  out  under  the 
authority  of  this  article,  in  books  kept  solely  for  that 
purpose,  which  said  books  shall  be  open  at  all  times  to  the 
inspection  of  the  governor  and  controller  of  state,  and  of 
any  committee  appointed  by  the  legislature,  or  by  either 
branch  thereof.  En.  March  12,  1872.  Rep.  1875-6,  52.  En. 
Stats.  1889,  317. 

§  2591.  Advertising  for  bids.  When  the  commissioners 
determine  to  construct  any  part  of  the  sea  wall,  they  must 
advertise  for  sealed  proposals  for  not  less  than  thirty 
days,  in  not  less  than  two  daily  papers  in  San  Diego.  The 
advertisement  must  give  a  full  and  accurate  description 
of  the  work  to  be  done,  the  place  where  to  be  done,  and 
the  material  to  be  used.  On  the  day  dated  in  the  adver- 
tisement the  bids  must  be  opened  in  the  presence  of  such 


617  PUBLIC    WATERS.  S  ^B»l 

bidders  as  are  present,  and  the  contract  awarded  to  ttfe 
lowest  bidder,  who  shall  give  a  bond  with  two  or  more 
responsible  sureties,  to  be  approved  by  the  commissioners, 
for  the  due  performance  of  the  work.  Their  approval  must 
be  indorsed  on  said  bond.  If,  in  the  opinion  of  the  com- 
missioners, the  bids  are  too  high,  they  shall  reject  them 
and  advertise  anew  in  like  manner  as  before.  And  if, 
in  the  opinion  of  the  commissioners,  the  second  bids  are 
also  too  high,  they  shall  reject  them  likewise,  and  may 
enter  into  a  contract  with  responsible  parties  without  giv- 
ing further  notice.  The  parties  entering  into  a  private 
contract  with  the  commissioners  must  give  a  bond,  with 
two  or  more  responsible  persons  as  sureties,  to  ba  ap- 
proved by  the  commissioners,  which  approval  shall  be  by 
writing  indorsed  upon  said  bond,  conditioned  for  the  faith- 
ful performance  of  the  contract.  But  the  consideration 
agreed  to  be  paid  in  any  contract  entered  into  without 
giving  public  notice  must  be  five  per  cent  lower  than 
the  lowest  responsible  bid  rejected.  The  work  to  be  per- 
formed under  any  one  contract  shall  not  exceed  one  thou- 
sand lineal  feet  of  harbor  embankment  or  sea  wall. 
But  the  commissioners  may  enter  into  as  many  contracts 
at  the  same  time  as  they  deem  expedient;  provided,  the 
amount  in  the  harbor  improvement  fund,  together  with 
the  revenue  estimated  to  accrue  pursuant  to  section  (2582) 
twenty-five  hundred  and  eighty-two  of  the  Political  Code 
shall  be  suflacient  to  meet  the  contract  price  of  such 
work,  after  deducting  the  current  expenses  of  the  com- 
mission and  the  amount  required  for  the  erection  and  re- 
pair of  the  wharves,  dredging  the  docks  and  slips  and 
incidental  expenses;  but  in  no  event  shall  the  state  be 
liable  on  such  contracts  for  any  deficiency  in  the  harbor 
improvement  fund.  Separate  contracts  may  be  entered 
into  for  the  dredging  of  a  channel  for  the  reception  of  the 
rock  required  for  the  construction  of  a  harbor  embank- 
ment; provided,  that  the  advertising  of  sealed  proposals, 
the  receiving  and  opening  of  bids,  and  the  awarding  of 
contracts  required  in  this  section,  shall  be  complied  with 
in  the  letting  of  such  work  in  sepai-ate  contracts.  The 
commissioners  may,  if  in  their  opinion  it  will  be  more 
economical,  dredge  with  the  dredger  belonging  to  the 
state  tbe  channel  necessary  for  the  reception  of  the  stone 


§  2592  PUBLIC    WATERS.  •18 

•used  in  the  construction  of  the  sea  wall.  No  contractor 
who  enters  into  a  contract  to  construct  any  portion  of 
said  sea  wall  shall  be  required  to  commence  the  work  in 
less  than  thirty  days  after  the  awarding  of  the  contract. 
The  board  shall,  at  least  ten  days  previous  to  the  holding 
of  any  meeting  as  provided  in  this  section,  notify  the 
governor  of  this  state  and  the  mayors  of  San  Diego  City 
and  National  City  of  the  time  and  place  and  object  of 
the  meeting,  and  request  them  to  be  present  and  take  part 
therein;  and  at  said  meeting  the  governor  and  the  mayors 
of  the  city  of  San  Diego  and  of  National  City  shall  be 
deemed  additional  members  of  said  board,  with  like  powers 
and  rights  as  other  members  thereof;  and  no  contract  shall 
be  entered  into  under  the  authority  of  this  section  with- 
out the  consent  of  either  the  governor  or  mayor  of  San 
Diego  City,  or  the  mayor  of  National  City.  Every  pro- 
posal shall  be  accompanied  by  a  certified  check  for  an 
amount  equal  to  five  per  cent  of  the  amount  of  such  pro- 
posals, to  be  made  payable  to  the  order  of  the  secretary 
of  the  Doard,  conditioned  that  if  the  proposals  are  accepted 
and  the  contract  awarded,  and  if  the  bidder  shall  fail  or 
neglect  to  execute  the  contract  and  give  the  bond  required 
within  six  days  after  the  award  is  made,  in  that  case  said 
sum  mentioned  in  said  check  shall  be  deemed  liquidated 
damages  for  such  failure  and  neglect,  and  shall  be  paid 
into  the  San  Diego  Harbor  improvement  fund,  and  all 
contracts  made  pursuant  to  this  title  shall  provide,  under 
penalties  of  forfeiture  of  contract,  at  the  option  of  the 
commissioners,  that  no  Chinese  or  Mongolian  labor  shall 
be  employed  on  the  work.  The  right  to  construct,  main- 
tain, and  operate  railways  on  said  bulkheads,  embank- 
ment, or  sea  wall,  shall  vest  absolutely  in  said  board  of 
harbor  commissioners,  to  be  operated  by  them  with  their 
own  engines,  and  at  such  charges  as  they  may  see  fit  to 
make,  but  they  shall  give  all  railroads  terminating  at  the 
bay  of  San  Diego  equal  facilities  for  bringing  ship  and  car 
together;  and  as  long  as  they  have  no  engines  of  their 
own,  they  may  hire  such  engines,  or  temporarily  allow 
railroad  or  other  companies  to  move  their  cars  with  other 
suitable  engines.  En.  March,  12,  1872.  Rep.  1875-6,  52. 
En.  Stats.  1889,  318. 

§  2592.  Reports  to  governor.  The  commissioners  shall, 
on  or  before  the  first  day  of  October,  A.  D.  eighteen  hun- 
dred and  ninety,  and  every  two  years  thereafter,    make 


619  PUBLIC    WATERS.  §§  2593-2595 

to  the  governor  a  full  report  of  all  moneys  by  them  received 
and  disbursed,  stating  specifically  for  what  the  same  was 
received  and  for  what  purposes  expended,  and  shall  give 
a  concise  account  of  all  improvements  made,  and  the  gen- 
eral condition  of  the  property  under  their  charge.  En. 
March   12,   1872.     Rep.   1875-6,   52.     En.   Stats.   1889.  319. 

§  2593.  Map  showing  change  of  survey.  In  case  the 
lines  of  the  water  front  of  the  city  of  San  Diego  or  of  any 
city  or  town  on  the  bay  of  San  Diego,  or  the  ^'-^tos  of  any 
of  the  streets  of  any  city  or  town  ending  at  said  water- 
line,  shall  be  changed  by  authority  of  this  article,  the 
commissi' '"'"ers  shall  cause  to  be  made  two  accurate  maps 
of  survey  showing  such  change,  which  maps  shall  be  dated, 
certified,  and  signed  by  the  engineer  of  the  board  and 
commissioners,  and  one  filed  in  the  office  of  the  recorder 
of  said  county,  and  the  other  in  the  office  of  the  board. 
After  being  so  filed,  they  shall  be  considered  and  treated 
as  official  maps  by  all  the  courts  of  record  in  the  state. 
En.  March  1^,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  319. 

§  2594.  Refusal  to  obey  orders  of  wharfinger.  If  any 
master,  agent,  or  owner  of  any  watercraft  shall  refuse  or 
neglect  to  obey  the  lawful  order-  or  directions  of  the  chief 
wharfinger  in  any  matter  pertaining  to  the  regulations  of 
said  harbor,  or  the  removal,  or  stationing  of  any  water- 
craft,  such  master,  agent,  or  owner  so  refusing  or  neglect- 
ing is  guilty  of  a  misdemeanor^  and  upon  conviction 
thereof,  before  any  court  of  competent  jurisdiction,  shall 
be  punished  by  a  fine  not  to  exceed  three  hundred  dollars, 
or  by  imprisonment  not  to  exceed  one  hundred  days  in 
the  jail  of  the  city  of  San  Diego.  En.  March  12,  1872. 
Rep.  1875-6,  52.     En.  Stats.  1889,  319. 

§  2595.  Obstructions  to  navigation.  All  persons  are 
forbidden  to  deposit  or  cause  to  be  deposited  in  the  waters 
of  the  harbor  of  San  Diego,  as  described  in  the  preceding 
sections,  any  substance  that  will  sink  and  form  an  obstruc- 
tion to  navigation,  without  first  obtaining  permission  in 
writing  of  the  board  of  state  harbor  commissioners,  which 
permission  shall  describe,  with  an  ordinary  degree  or  cer- 
tainty, the  place  where  such  deposit  may  be  made,  and  the 
secretary  of  the  board  shall  record  such  permission.  Any 
person  violating  the  prohibition  contained  in  this  section 
is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 


§§  2596-2599  PUBLIC   WATERS.  b^U 

before  a  court  of  competent  jurisdiction,  shall  be  fined  not 
less  than  one  hundred  or  more  than  five  hundred  dollars, 
or  imprisoned  in  the  jail  of  the  city  of  San  Diego  not  less 
than  thirty  nor  more  than  ninety  days.  En.  March  12,  1872. 
Rep.  1875-6,  52.     En.  Stats.  1889,  320. 

§  2596.     Speed   of   horses   and   vehicles   on   wharves.     It 

shall  not  be  lawful  for  any  person  to  drive  a  horse,  or 
mule,  or  any  vehicle  drawn  by  one  or  more  horses  oi 
mules,  used  in  the  removal  of  merchandise,  upon  any 
wharf,  pier,  quay,  landing,  or  thoroughfare,  faster  than  a 
walk.  Any  person  violating  the  prohibition  in  this  section 
contained  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction,  shall  be 
fined  not  less  than  twenty  dollars,  or  imprisoned  in  the 
jail  of  the  city  of  San  Diego  not  less  than  ten  days.  En. 
March  12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  320. 

§  2597.     Jurisdiction  of  police  court  over  misdemeanors. 

The  police  court  of  the  city  of  San  Diego  shall  have  juris- 
diction to  try  all  cases  of  misdemeanor  arising  under  this 
article.  En.  March  12,  1872.  Rep.  1875-6,  52.  En.  Stats. 
1889,  320. 

§  2598.  Qualifications  of  officers.  No  person  shall  be 
appointed  to  any  office  by  virtue  of  this  article,  nor  be  em- 
ployed in  the  service  of  the  board,  unless  he  be  a  qualified 
elector  of  the  state;  nor  shall  any  person  be  so  appointed 
or  employed  who  is  interested  in  any  vessel  sailing  or 
plying  in  and  out  of,  or  on  the  inland  waters  of  the  bay 
of  San  Diego,  as  owner,  mortgagee,  or  otherwise,  or  as 
a  stockholder  in  any  company  owning  such  vessels,  or  who 
is  the  consignee,  the  general  or  freight  agent,  or  manager 
of  any  such  vessels,  or  agent  or  other  employee  of  the 
owner  of  any  such  vessels,  or  who  is  engaged  in  the  busi- 
ness of  marine  insurance,  or  of  procuring  such  insurance, 
01  who  is  engaged  as  a  stevedore  in  loading  and  discharg- 
ing such  vessels.  No  person  not  a  citizen  of  the  United 
States  shall  be  employed  either  as  contractor  or  laborer 
on  any  work  done  under  this  article.  En.  March  12,  1872. 
Rep.  1875-6,  52.     En.  Stats.  1889,  320. 

§  2599.  Bonds,  obligees  in.  All  official  bonds  required 
(o  be  given,  by  authority  of  this  article,  shall  be  to  the 
people  of  the  state  of  California.  En.  March  12,  1872. 
Rep.   1875-6,   52.     En.   Stats.   1889,   320. 


621  PUBLIC    WATERS.  §§  2600-2604 

§  2600.  Seal.  The  board  of  state  harbor  commissioners 
for  the  bay  of  San  Diego  shall  procure  anrl  adopt  a  seal. 
En.  March  12,  1872.     Rep.  1875-G,  52.     En.  Stats.  1889,  320 

§  2601.  When  no  tolls  or  wharfage  to  be  collected.  No 
tolls  or  wharfage  shall  be  collected  from  travelers  going 
on  board  or  leaving  any  steamer  or  ferry,  or  upon  their 
carriages  or  baggage,  nor  from  any  person  or  vehicle 
employed  to  transport  or  convey  said  baggage  to  or  from 
any  steamer  or  ferry,  nor  for  empty  packages  returned 
to  the  wharf  or  any  vessel;  nor  for  domestic  supplies  for 
private  individuals,  intended  for  consumption  and  not  for 
sale,  weighing  less  than  one  hundred  pounds.  En.  March 
12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  320. 

§  2602.  Collections  to  be  made  in  coin.  The  revenue 
collected  and  disbursed  by  authority  of  this  article  shall 
be  gold  and  silver  coin  of  the  United  States.  En.  March 
12,  1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  321. 

§  2603.     Wharfingers  and  collectors  as  special  policemen. 

It  is  hereby  made  the  duty  of  the  board  of  police  commis- 
sioners of  the  city  of  San  Diego  to  appoint  such  number 
of  wharfingers  and  toll  collectors,  special  policemen,  as 
such  commissioners  shall  request  in  writing,  such  police 
commissioners  to  appoint,  and  also  shall  furnish  such 
special  policemen  the  usual  badge  of  office,  which  shall  be 
paid  for  by  the  commissioners;  such  appointments  must 
be  renewed  once  in  each  year.  The  jurisdiction  of  such 
special  policemen  shall  be  coextensive  with  the  premises 
described  in  this  article,  and  their  term  of  office  as  such 
wharfingers  and  toll  collectors.  En.  March  12,  1872.  Rep. 
1875-6,  52.     En.  Stats.  1889,  321. 

§  2604.  Who  liable  for  wharfage.  Wharfage  or  mer- 
chandise must  be  paid  by  and  collected  directly  from  the 
master,  owner,  or  consignee  of  vessel,  and  the  owner, 
agent,  or  manager  of  railroad  cars  using  or  passing  over 
the  wharves  or  other  landing-places,  and  the  board  must, 
as  soon  as  practicable,  adopt  proper  regulations  for  put- 
ting such  mode  of  collection  into  effect;  and  thereafter 
no  tolls  must  be  collected  by  the  load  or  vehicle,  or  mer- 
chandise passing  on  or  off  the  wharves  or  other  landing 
places;  provided,  the  wharfage  or  merchandise  to  and 
from  ferryboats,  other  than  those  transporting  railroad 
oars,   may  be  collected  in   such   mode  as  the   board   may 


§  2604  PUBLIC    WATERS.  62J 

direct.  The  master,  owner,  or  consignee  of  every  vessel, 
and  the  owner,  agent,  or  manager  of  every  railroad  car 
using  or  passing  over  any  wharf  or  landing-place,  must 
deliver  to  the  wharfinger,  or  other  officer  of  the  board,  on 
its  arrival,  and  before  commencing  to  discharge,  after 
receiving  its  cargo  or  load,  and  before  its  departure,  a  full 
and  correct  statement  of  the  quantity  of  merchandise 
intended  to  be  discharged  from,  or  which  has  been  received 
by,  such  vessel  or  car,  and  must  pay  to  said  wharfinger, 
or  other  officer  of  the  board,  the  amount  of  wharfage  due 
on  such  merchandise.  In  case  any  person  shall  neglect 
or  refuse  to  deliver  such  statement,  or  shall  willfully 
make  a  false  statement,  he  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction,  shall  be  fined  not  ex- 
ceeding one  hundred  dollars,  or  imprisoned  not  exceeding 
one  hundred  days,  or  by  both  such  fine  and  imprisonment. 
In  case  no  such  statement  be  delivered,  or  payment  of  the 
wharfage  be  not  so  made,  the  vessel  or  car  may  be  re- 
moved by  the  wharfinger  from  the  wharf,  or  other  landing- 
place,  at  the  expense  of  the  master,  owner,  or  consignee  of 
such  vessel,  or  owner  or  agent  or  manager  of  such  car, 
and  may  be  excluded  from  all  the  wharves  or  other  landing- 
places  until  such  statement  is  delivered,  or  payment  is 
made.  In  case  the  master,  owner,  or  consignee  of  any 
vessel,  or  the  owner,  agent,  or  manager  of  any  railroad 
car  using  or  passing  over  any  wharf  or  other  landing- 
place,  shall  discharge  or  allow  to  be  discharged  from  such 
vessel  or  car  any  part  of  its  cargo  or  load  before  the 
amount  of  wharfage  due  thereon  has  been  fully  paid,  or 
shall  receive  or  allow  to  be  received  on  such  vessel  or  car 
any  part  of  its  cargo  or  load  before  the  deposit  or  guaranty 
hereinafter  provided  is  made  or  given,  he  shaJl  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
be  fined  not  exceeding  five  hundred  dollars,  or  imprison- 
ment not  exceeding  one  hundred  days,  or  by  both  such  fine 
and  imprisonment.  The  several  wharfingers  are  authorized 
and  empowered  to  make  arrests  without  warrants  in  all 
<;ases  of  misdemeanor  herein  stated,  and  are  hereby  made 
peace  officers  for  that  purpose;  and  the  police  judge's 
court  of  the  city  of  San  Diego  shall  have  jurisdiction  of 
such  cases.  The  moneys  receiyed  on  account  of  fines 
must  be  paid  to  the  board  of  harbor  commissioners;  pro- 
vided, that  any  person  so  arrested,  may,  at  the  discretion 
of  the  board,  be  discharged  at  any  time  before  trial  on  his 
delivery  of  the  statement  and  making  payment  of  the 
wharfage  as  required  herein,  together  with  all  costs  of 
such  arrest  and  prosecution.  The  board  may  by  written 
permits,    release    parties   from    the   obligation    to     deliver 


623  PUBLIC    WATERS.  §  2605 

the  statement  or  pay  the  wharfage  at  the  times  herein 
stated;  provided,  that  before  any  part  of  the  cargo  or  load 
of  such  vessel  or  car  is  discharged  or  received,  a  deposit 
be  made  with  the  said  board  sufficient  to  pay  the  wharfage 
on  the  merchandise  intended  to  be  discharged,  or  received, 
or  a  proper  or  sufficient  guaranty  or  obligation  in  writing 
be  given  to  them  that  the  said  statement  will  be  delivered, 
and  payment  of  the  wharfage  be  made  before  such  vessel 
or  car  shall  depart  from  its  wharf  or  other  landing-place, 
or  at  such  other  time  as  stated  in  such  guaranty  or  obliga- 
tion. Such  guaranty  shall  be  deemed  an  original  obliga- 
tion on  the  part  of  the  guarantor,  and  no  other  considera- 
tion therefor  need  exist  or  be  expressed  than  the  accept- 
ance of  said  permit.  Nothing  in  this  section  shall  be 
deemed  to -divert  the  lien  on  merchandise  for  its  wharfage, 
as  provided  in  section  two  thousand  JBve  hundred  and 
twenty-four  of  the  Political  Code.  En.  March  12,  1872. 
Rep.  1875-6,  52.     En.  Stats.  1889,  321. 

§  2605.  Plats.  Leasing  of  lands.  Whenever  the  board 
of  state  harbor  commissioners  for  San  Diego  shall  have 
located  a  line  for  a  harbor  embankment,  or  sea  wall  for 
any  part  of  the  harbor,  as  provided  in  section  two  thousand 
five  hundred  and  eighty-nine,  they  shall  make  a  plan  and 
plat  of  all  the  lands  of  the  state  included  between  the  said 
embankment  and  shore  line  of  the  bay,  and  file  a  copy  of 
the  same  with  the  recorder  of  the  county  of  San  Diego. 
The  commissioners  shall  have  the  right  to  lease  said  lands 
under  such  established  rules  and  regulations  as  they  may 
adopt  and  publish.  But  no  lease  shall  be  made  or  be  valid 
for  a  term  of  more  than  ten  years,  nor  shall  any  leases  be 
made  or  be  valid  except  made  to  the  highest  bidder,  at 
public  auction,  after  notice  has  been  given  in  the  official 
newspaper  of  the  city,  daily,  for  at  least  thirty  days  prior 
to  said  auction.  And  all  leases  shall  provide  for  the  pay- 
ment of  monthly  rentals;  and  that  the  lessee  or  his  assigns 
shall  not  use  said  lands  in  any  manner  to  decrease  the 
amount  of  the  tidal  waters  of  the  bay;  and  shall  also  pro- 
vide for  the  forfeiture  of  said  leases  upon  non-fulfillment 
of  any  of  the  covenants  in  said  leases.  No  portion  of  said 
lands  shall  be  leased  in  one  lease  in  quantity  to  exceed 
one  acre,  nor  shall  the  leases  of  more  than  three  acres  in 
quantity  of  said  lands  be  sold  at  any  one  public  auction. 
All  funds  derived  from  said  leases  shall  be  reported  to  and 
paid  out  from  the  state  treasury,  as  provided  in  section 
two  thousand  five  hundred  and  eighty-four.  En.  March  12, 
1872.     Rep.  1875-6,  52.     En.  Stats.  1889,  322. 


§  2606  PUBLIC    WATERS.  684 

§  2606.  Private  wharves,  docks,  etc.  Every  person,  as- 
sociation or  corporation  desiring  to  construct,  erect,  ex- 
tend, or  maintain,  or  to  continue  the  maintenance  of  any 
wharf,  pier,  marine  ways,  dry  dock  or  ship  yard  in  the 
waters  of  San  Diego  bay,  or  to  procure  the  extension  of 
his  or  its  rights  to  maintain  any  wharf,  pier,  marine  ways, 
dry  dock  or  ship  yard  therein,  must  make  an  application  to 
the  said  commissioners,  in  writing  signed  by  the  applicant 
or  applicants,  and  setting  forth  a  map,  plat  or  plan  of  said 
wharf,  pier,  marine  ways,  dry  dock  or  ship  yard,  showing 
the  location  thereof,  and  of  the  lands  and  waters  border- 
ing thereon  or  near  the  same,  and  the  names  of  the  owners, 
occupants,  or  claimants  of  such  lands  and  waters,  or  of  the 
use  thereof.  Said  map,  plat,  or  plan  shall  also  show  the 
dimensions,  form  and  construction  of  said  wharf,  pier, 
marine  ways,  dry  dock  or  ship  yard,  and  the  distance  into 
and  along  said  waters  the  same  shall  extend,  and  also  show 
the  uses  and  purposes  to  and  for  which  said  structure  is 
to  be  applied  and  the  convenience  and  necessity,  public  or 
private,  of,  or  for  the  same.  Upon  the  presentation  and 
filing  of  such  application  the  commissioners  must  appoint  a 
time  and  place  for  hearing  the  same,  which  shall  be  at  least 
ten  days  and  not  more  than  twenty  days  from  its  presenta- 
tion. Notice  of  the  hearing  shall  be  given  by  the  said  com- 
missioners, by  publication  in  at  least  two  daily  newspapers 
published  in  the  county  of  San  Diego  three  times  in  the 
week  of  seven  days,  preceding  the  time  appointed  for  the 
hearing.  At  the  time  and  place  appointed  for  such  hear- 
ing, JOT  such  other  time  and  place  to  which  said  hearing 
may  be  continued  or  adjourned,  upon  proof  being  made  that 
notice  of  the  hearing  has  been  given  as  herein  provided, 
the  commissioners  shall  proceed  to  the  examination  of  said 
application  and  the  hearing  of  all  parties  and  persons  who 
may  be  brought  before  them  touching  or  concerning  the 
same,  and  after  such  hearing,  and  due  deliberation,  they 
may  reject  or  refuse  the  said  application,  or  grant  the  same 
as  asked  for,  or  make  such  conditions,  restrictions,  limita- 
tions, alterations  or  additions  as  they  may  deem  necessary 
or  proper.  Such  permission  shall  not  be  granted  for  a 
greater  period  than  twenty-five  (25)  years.  No  person  shall 
build,  construct  or  maintain  any  wharf,  or  pier  or  marine 
ways,  dry  dock  or  ship  yard,  on  or  along  the  waters  of 
said  bay  without  first  having  obtained  permission  to  do  so 


825  PUBLIC    WATERS.  §  ''^^ 

from  said  commissioners,  and  whenever  permission  is 
granted  to  build,  construct  or  maintain  one,  it  shall  be 
built,  constructed  or  maintained  out  of  material  satisfactory 
to  the  said  commissioners  and  not  beyond  the  United  States 
pierhead  line;  provided,  no  franchise  granted  within  or 
bordering  upon  the  corporate  limits  of  any  city  shall  be 
valid  until  the  same  shall  be  ratified  and  confirmed  by  an 
ordinance  of  such  city.  Said  commissioners  shall  have  au- 
thority to  fix  a  maximum  toll  to  be  charged  for  the  use  of 
any  wharf,  pier,  marine  ways,  dry  dock  or  ship  yard, 
whether  the  same  has  already  been  constructed  or  shall 
hereafter  be  constructed,  and  to  make  all  needful  rules  and 
regulations  concerning  the  use  of  the  same;  provided 
further,  that  if  at  any  time  the  said  commissioners  shall  de- 
sire to  terminate  any  franchise  and  to  purchase  any  wharf, 
pier,  marine  ways,  -dry  dock  or  ship  yard,  and  the  purchase 
price  thereof  cannot  be  agreed  upon,  then  the  owner  of 
said  franchise  shall  select  two  disinterested  persons,  and 
the  said  commissioners  two  disinterested  persons,  who  shall 
ascertain  and  fix  the  value  thereof,  and  if  three  of  said  four 
persons  cannot  agree,  then  they  shall  appoint  a  fifth  com- 
petent disinterested  person,  an-d  any  three  of  said  five  per- 
sons may  fix  the  value  thereof,  and  upon  the  payment  or 
tender  thereof  by  the  commissioners,  they  shall  be  entitled 
to  the  possession  thereof,  and  the  title  thereto  shall  vest 
in  the  State  of  California,  and  all  franchises  to  build,  con- 
struct  or  maintain  any  wharf,  pier,  marine  ways,  dry  dock 
or  ship  yard,  shall  contain  this  provision  therein;  provided, 
that  in  fixing  such  value  the  franchise  or  privilege  shall 
not  be  considered  as  of  any  value;  provided  further,  that 
said  commissioners  shall  fix  the  time  when  work  shall  be 
commenced  upon  any  new  structure  and  the  time  in  which 
the  same  shall  be  completed,  and  if  said  structure  shall  not 
be  completed  within  such  time,  or  such  additional  time  as 
the  said  commissioners  shall  give,  then  such  right  and  fran- 
chise shall  lapse  and  become  void;  provided  further,  that 
all  franchises  shall  contain  a  provision  to  the  effect  that 
nothing  therein  contained  shall  be  construed  as  permitting 
the  erection  or  maintenance  of  any  wharf,  pier,  marine 
ways,  dry  dock  or  ship  yard,  in  such  manner  or  in  such 
place  as  to  prevent  or  interfere  with  the  erection  and  main- 
tenance c£  a  sea  wall  in  accordance  with  the  plans  hereto- 
fore adopted  by  said  commissioners.    The  said  commission- 

Pol.  Code-^O 


§S  2607,  2608  PUBLIC   WATERS.  628 

ers  are  hereby  authorized  to  grant  to  any  person  or  rail- 
road corporation  authority  to  construct  and  maintain  along 
and  over  the  water  front  of  the  bay  of  San  Diego,  a  railroad 
for  a  period  not  exceeding  fifty  (50)  years,  upon  such  terms 
and  conditions  as  said  commissioners  may  provide;  pro- 
vided, that  where  such  railroad  is  within  the  limits  of  any 
city,  such  grant  shall  be  approved,  ratified  and  confirmeii 
by  an  ordinance  of  such  city.  En.  March  12,  1872.  Rep. 
1875-6,  52.     En.  Stats.  1889,  323.     Am'd.  1903,  56;  1905,  23. 

§  2607.  Salaries  and  compensation.  The  monthly  sal- 
aries of  the  ofllcers  shall  be  as  follows:  Each  of  three  com- 
missioners, twenty-five  dollars;  the  secretary,  who  shall  be 
elected  by  the  commissioners  from  their  own  number,  one 
hundred  dollars,  in  addition  to  his  salary  as  commissioner. 
The  salaries  and  compensation  of  all  other  officers  and 
employees,  when  appointed,  shall  be  fixed  by  a  majority  of 
the  board  of  harbor  commissioners;  provided,  that  in  no 
event  shall  the  state  be  liable  for  the  salaries  of  the  mem- 
bers of  said  board  of  commissioners,  or  of  the  secretary 
thereof,  or  for  the  salary  or  compensation  of  any  officer 
or  employee  elected  or  appointed  by  said  board,  or  upon 
any  contract  made  or  entered  into  by  said  board.  And  it  is 
hereby  expressly  provided  that  said  board  of  commissioners 
shall  not  create  any  liability  or  indebtedness  against  the 
state  in  any  manner  or  form  whatsoever,  and  any  liability 
or  indebtedness  so  created,  or  attempted  to  be  created,  shall 
be  absolutely  null  and  void.  En.  March  12,  1872.  Rep. 
1875-6,  52.     En.  Stats.  1889,  323.     Am'd.  1891,  69;  1905,  25. 

§  2608.  Attorney-general,  duties  of.  The  attorney-gen- 
eral of  the  state  must  give  such  legal  advice  and  render 
such  legal  services  as  may,  from  time  to  time,  be  required 
of  him  by  the  commissioners,  in  connection  with  their 
duties,  without  further  compensation.     En.  Stats.  1889,  323. 

Cal.  Rep.  Cit.     132,  219. 


627  HIGHWAYS.  §  2618 

CHAPTER    II. 

HIGHWAYS. 

Reconstruction  by  act  approved  February  28,  1883,  in 
accordance  with  article  IV,  section  25,  subdivision  7,  of 
the  constitution:   See  note  following  sec.  2744. 

Article    I.     Enumeration    of   Highways,    §§    2618-2623. 

II.     Rules    and    Restrictions    Respecting    the     Use   of   Highways, 
§§    2631-2633. 

III.  Powers  and   Duties   of  Highway   Officers,    §§    2641-2647. 

IV.  Highway    Taxes,     §§    2631-26.55. 

V.     Performance    of    Highway    Labor    and    Commutation,    §    2671 
VT     Laying    Out,    Altering,     and    Discontinuing    Roads,     §§    2681- 
2696. 
VII.    Erection    and    Maintenance    of    Bridges,    §§    2711-2716. 
VIII.     Obstructions  and    Injuries  to  Highways,    §§   2731-2744. 
IX.     Permanent    Road    Divisions,    §§    2745-2772. 

ARTICLE   I. 

ENUMERATION    OF   HIGHWAYS. 

§  2618.  What   are   highways. 

§  2619.  Expiration    of  highways. 

§  2620.  Width   of   highways. 

§  2621.  Vacation   of  highways. 

§  2622.  Record  of  proceedings  relating  to  roa'ds  and  highways. 

§  2623.  Title    to    roads. 

§  2618.  What  are  highways.  In  all  counties  of  this  state 
public  highways  are  roads,  streets,  alleys,  lanes,  courts, 
places,  trails,  and  bridges,  laid  out  or  erected  as  such  by 
the  public,  or  if  laid  out  or  erected  by  others,  dedicated  or 
abandoned  to  the  public,  or  made  such  in  actions  for  the 
partition  of  real  property.  En.  March  12,  1872.  Rep.  1883. 
5.     En.  Stats.  1883,  6. 

Cal.  Rep.  Cit.  70,  455;  71,  402;  84,  5;  91,  435;  93,  131; 
95,  469;  102,  29;  103,  230;  125,  576;  132,  169;  137,  518; 
141,  347;   144,  354. 

Abandonment  of  toll  road:  Post,  sec.  2799. 
Various    acts    relating  to  highways:    See  General  Laws, 
title  Highways. 


§§  2619-2621  HIGHWAYS.  62S 

§  2619.  Expiration  of  highways.  Whenever  the  fran- 
chise for  any  toll  bridge,  trail,  turnpike,  plank  or  common 
wagon  road  has  expired  by  limitation  or  non-user,  such 
bridge,  trail,  turnpike,  plank  or  common  wagon  road  be- 
comes a  free  public  highway;  and  no  claim  shall  be  valid 
against  the  public  for  right  of  way,  or  for  the  land  or  ma- 
terial comprising  such  bridge,  trail,  turnpike,  plank  or 
common  wagon  road.  All  public  highways,  once  estab- 
lished, shall  continue  to  be  public  highways  until  aban- 
doned by  order  of  the  board  of  supervisors  of  the  county  in 
which  they  are  situated,  or  by  operation  of  law,  or  judg- 
ment of  a  court  of  competent  jurisdiction.  En.  March  12, 
1872.     Am'd.  1873-4,  116.     Rep.  1883,  5.     En.  Stats.  1883,  6. 

Cal.  Rep.  Cit.  65,  251;  71,  402;  78,  14;  78,  408;  78,  409; 
79,  170;  80,  342;  81,  124;  82,  157;  83,  267;  89,  13;  89, 
14;   94,  539;   95,  83;   95,  469;   99,  213;   99,  293;   102,  29; 

102,  30;  102,  31;  102,  32;  102,  37;  103,  230;  104,  439; 
108,  594;  108,  596;  122,  338;  132,  170;  132,  171;  132, 
172;   144  354. 

§  2620.  Width  of  highways.  The  width  of  all  public 
highways,  except  bridges,  alleys,  and  lanes,  and  trails,  shall 
be  at  least  forty  feet.  The  width  of  all  private  highways 
and  by-roads,  except  bridges,  shall  be  at  least  twenty 
feet;  provided,  however,  that  nothing  in  this  act  shall  be 
so  construed  as  to  increase  or  diminish  the  width  of 
either  kind  of  highways  already  established  or  used  as 
such.  En.  March  12,  1872.  Am'd.  1873-4,  116.  Rep.  1883, 
5.     En.   Stats.  1883,  6. 

Cal.  Rep.  Cit.     84.  6;   89,  18;   126,  581. 

§  2621.  Vacation  of  highways.  A  road  laid  out  and 
worked,  and  used  as  provided  in  this  chapter,  shall  not 
be  vacated  or  cease  to  be  a  highway  until  so  ordered  by 
the  board  of  supervisors  of  the  county  in  which  said  road 
may  be  located;  and  no  route  of  travel  used  by  one  or 
more  persons  over  another's  land  shall  hereafter  become 
a  public  road  or  byway  by  use,  or  until  so  declared  by  the 
board  of  supervisors  or  by  dedication  by  the  owner  of  the 
land  affected.  En.  March  12,  1872.  Rep.  1883,  5.  En. 
Stats.  1883,  G. 

Cal.  Rep.  Cit.     71,  402;    81.  124;   89,  14;    93.  131;    94,  539; 

103.  232. 


629  HIGHWAYS.  §§  2622-2632 

§  2622.  Record  of  proceedings  relating  to  roads  and 
highways.  The  clerk  of  the  board  of  supervyisors  shall 
include  in  the  minutes  of  the  board  of  supervisors  all 
proceedings  of  the  board  relative  to  each  road  or  road 
district,  including  orders  for  laying  out,  altering,  and 
opening  roads;  he  must  also  keep  a  road  register,  in 
which  must  be  entered  the  number  and  name  of  each 
public  highway  in  the  county,  a  general  reference  to  its 
terminal  points  and  course,  also  the  date  of  the  filing  of 
the  petition  or  other  papers,  a  memorandum  of  every  sub- 
sequent proceeding  in  reference  to  it,  with  the  date  there- 
of, and  the  folio,  and  the  volume  of  the  minute  book 
where  it  is  recorded.     En.  Stats.  1883,  7. 

§  2623.  Title  to  roads.  Any  road  laid  out  by  the  board 
of  supervisors  as  provided  in  this  chapter,  or  used  and 
worked  as  therein  provided,  shall  not  be  vacated  or  cease 
to  be  a  highway  until  so  ordered  by  said  board;  and  each 
county  shall  be  deemed  to  have  acquired  title  to  any  road 
opened  over  any  land  in  conformity  to  any  order  made  by 
its  board  of  supervisors  pursuant  to  this  chapter  after  one 
year  shall  have  elapsed  from  the  time  of  making  the 
order  opening  the  road.     En.  Stats.  1891,  508. 

ARTICLE    II. 

RULES    AND    RESTRICTIONS    RESPECTING    THE    USE    OF    HIGH- 
WAYS. 

§  '2()'il.     The   public   easement. 

§  2632.    Adjoining   owner    may   construct    sidewalk. 

§  2633.     May   plant   trees. 

§§  2634,  2635.     (Repealed.) 

§  2631.  The  public  easement.  By  taking  or  accepting 
land  for  a  highway,  the  public  acquire  only  the  right  of 
way,  and  the  incidents  necessary  to  enjoying  and  main- 
taining the  same,  subject  to  the  regulations  in  this  and 
the  Civil  Code  provided.  En.  March  12,  1872.  Am'd.  1873- 
4,  116.     Rep.  1883,  5.     En.  Stats,  1883,  7. 

Cal.   Rep.   Cit.     71,  401;    81,   125;    81,   126;    108,   596;    143, 

238;    143,   242. 
Various   acts   relating   to   highways:    See   General   Laws, 
title   Highways. 

§  2632.  Adjoining  owner  may  construct  sidewalk.  Any 
owner  or  occupant  of  land  may  construct  a  sidewalk  on 


§§  2633-2641  HIGHWAYS.  «» 

the  highway  along  the  line  of  his  land,  subject,  however, 
to  the  authority  conferred  by  law  on  the  board  of  super- 
visors and  the  commissioners  of  highways;  and  any  per- 
son using  such  sidewalk  with  mule,  horse,  or  team,  with- 
out permission  of  the  owner,  is  liable  to  such  owner  or 
occupant  in  the  sum  of  five  dollars  for  each  trespass,  and 
for  all  damages  suffered  thereby.  En.  March  12,  1872. 
Rep.   1883,  5.     En.   Stats.   1883,  7. 

§  2633.  May  plant  trees.  Any  owner  or  occupant  of  land 
adjoining  a  highway  not  less  than  three  rods  wide,"  may 
plant  trees  in  and  along  said  highway  on  the  side  con- 
tiguous to  his  land.  They  must  be  set  in  regular  rows, 
at  a  distance  of  at  least  twenty  feet  from  each  other,  and 
not  more  than  six  feet  from  the  boundary  of  the  highway. 
If  the  highway  is  more  than  eighty  feet  wide,  the  row 
must  not  be  less  than  six  nor  more  than  twelve  feet  from 
the  boundary  of  the  highway.  Whoever  willfully  injures 
any  of  them  is  liable  to  the  owner  or  to  the  occupant  for 
the  damage  which  is  thereby  sustained;  provided,  if,  in  the 
judgment  of  the  board  of  supervisors,  the  whole  width 
of  such  road  is  needed  for  use  for  highway  purposes,  the 
whole  thereof  may  be  so  used.  En.  March  12,  1872.  Rep. 
1.883,  5.     En.  Stats.  1883,  7.     Am'd.  1893,  113. 

§§  2634,  2635.  (Repealed.)  En.  March  12,  1872.  Rep. 
1883,   5. 

ARTICLE  III. 

POWERS    AND    DUTIES    OF    HIGHWAY    OFFICERS. 

§  2641.     Road    districts.     Road    commissioners. 

§  2642.     Road   overseers. 

§  2G43.     Supervisors,    powers    and    duties    of    respecting   roads. 

§  2e43a.  Protection    from    storm-waters    and    floods. 

§  2644.     Report   Of   labor   on   roads   must   accompany   expense   claims. 

§  2fi4.'>.     Duties    of    road    commissioners. 

§  2646.     Bids   to   maintain   roads.     (Repealed.) 

§  2647.     Duties    and    powers    of   supervisors    respecting    roads. 

§§  264S-2650.     (Repealed.) 

§  2641.  Road  districts.  Road  commissioners.  The 
board  of  supervisors  of  the  several  counties  shall  divide 
their  respective  counties  into  suitable  road  districts,  and 
may  change  the  boundaries  thereof,  and  each  supervisor 
shall  be  ex-officio  road  commissioner  in  his  supervisor  dis- 
trict, and  shall  see  that  all  orders  of  the  board  of  super- 


Ml  HIGHWAYS.  §§  2642,  2ti43 

Tisors  pertaining  to  the  roads  in  his  district  are  properly 
executed;  provided,  when  in  any  count j'  the  members  of 
the  board  of  supervisors  thereof  are  not  elected  by  dis- 
tricts, it  shall  be  the  duty  of  such  board,  by  proper  order, 
to  be  entered  in  its  records,  to  divide  such  county  into 
supervisor  districts  to  correspond  with  the  number  of 
members  of  such  board,  and  to  assign  to  each  member 
thereof  one  of  such  districts,  of  which  he  shall  be  such 
road  commissioner;  when  not  otherwise  provifled  by  law, 
he  shall  receive  for  his  services  as  such  road  commis- 
sioner twenty  cents  per  mile,  one  way,  for  all  distances 
actually  traveled  by  him  in  the  performance  of  his  duties; 
provided,  that  he  shall  not,  in  any  one  year,  receive  more 
than  three  hundred  dollars.  En.  Stats.  1883,  7.  Am'd. 
1887,  77;  1891,  474;  1893,  113. 

Cal.   Rep.   Cit.     68,   67;    79,   474;    102,   404;    125,   211;    125, 
212;  126,  623;   137,  518. 

§  2642.  Road  overseers.  From  and  after  the  Monday 
following  the  first  day  of  January,  A.  D.  eighteen  hun- 
dred and  ninety-three,  the  office  of  road  overseer  shall  be 
abolished;  provided,  that  whenever  in  this  code  the  words 
"road  overseer"  occur,  they  shall  be  taken  and  construed 
so  as  to  read  road  commissioner.  En.  Stats.  1883,  8. 
Am'd.  1885,  94;   1887,  78;   1891,  474. 

Cal.  Rep.  Cit.     70,  612;    126,  624. 

§  2643.  Supervisors,  powers  and  duties  of  respecting 
roads.  The  boards  of  supervisors  of  the  several  counties 
of  the  state  shall  have  general  supervision  over  the  roads 
within  their  respective  counties.  They  must  by  proper 
order: 

1.  Cause  to  be  surveyed,  viewed,  laid  out,  recorded, 
opened,  and  worked,  such  highways  as  are  necessary  to 
public  convenience,   as  in  this  chapter  provided. 

2.  Cause  to  be  recorded  as  highways  all  highways  which 
have  become  such  by  usage,  dedication  or  abandonment 
to  the  public,  or  by  any  other  means  provided  by  law,  and 
to  prepare  and  record  proper  deeds  and  titles  thereto. 

3.  Abolish  or  abandon  such  as  are  not  necessary. 

4.  Acquire  the  right  of  way  over  private  property  for  the 
use  of  public  highways,  and  for  that  purpose  require  the 


§  2643  HIGHWAYS.  632 

district  attorney  to  institute  proceedings,  under  title  seven, 
part  ttiree,  of  tlie  Code  of  Civil  Procedure,  and  to  pay 
therefor  from  the  general  road  fund  on  the  district  road 
fund  of  the  county. 

5.  Levy  a  property  tax  for  road  purposes. 

6.  Cause  to  be  erected  and  maintained,  at  the  intersec- 
tions and  crossings  of  highways,  guide  posts  properly  in- 
scribed. 

7.  Cause  the  road  tax  collected  each  year  to  be  appor- 
tioned to  the  several  road  districts  entitled  thereto,  and 
kept  by  the  county  treasurer  in  separate  funds. 

8.  Audit  all  claims  on  the  funds  set  apart  for  highway 
purposes,  and  specify  the  fund,  or  funds,  from  which  the 
whole  or  any  part  of  any  claim,  or  claims,  must  be  paid. 

9.  In  their  discretion  they  may  provide  for  the  establish- 
ment of  gates  on  the  public  highways,  in  certain  cases,  to 
avoid  the  necessity  of  building  road  fences,  and  prescribe 
rules  and  regulations  for  closing  the  same,  and  penalties 
for  violating  said  rules;  provided,  that  the  expense  for  the 
erection  and  maintenance  of  such  gates  shall  in  all  cases 
be  borne  by  the  party  or  parties  for  whose  immediate 
benefit  the  same  shall  be  ordered. 

10.  For  the  purpose  of  sprinkling  the  roads  in  any  part 
of  the  county  with  oil  or  water,  the  board  of  supervisors 
may  erect  and  maintain  waterworks  and  oil  tanks  and 
reservoirs,  and  for  such  purposes  may  purchase  or  lease 
real  or  personal  property.  The  costs  of  such  waterworks, 
oil  tanks  and  reservoirs  and  the  sprinkling  of  said  roads 
with  oil  or  water  may  be  charged  to  the  general  county 
fund,  the  general  road  fund,  or  the  district  fund  of  the 
district  or  districts  benefited. 

Whenever  it  is  determined  by  a  two-thirds  vote  of  the 
board  of  supervisors  of  any  county  that  the  public  con- 
venience and  necessity  demands  the  acquisition  or  con- 
struction of  a  road  in  excess  of  three  miles  in  length  the 
cost  of  which  will  be  too  great  to  pay  out  of  any  of  the 
road  funds  of  the  county  the  board  of  supervisors  may  by 
a  resolution  passed  by  a  two-thirds  vote  of  the  board  of 
supervisors  determine  to  acquire  or  construct  such  road 
and  thereafter  may  proceed  to  acquire  or  construct  such 
road  and  if  the  cost  of  such  road  when  constructed  shall 
exceed  five  thousand  dollars,  such  cost  may  be  charged  to 
the  general  county  fund,  the  general  road  fund  or  the 
district  fund  of  the  district  or  districts  benefited. 


633  HIGHWAYS.  §  2ti4a 

11.  Whenever  it  shall  be  determined  that  any  grading, 
graveling,  macadamizing,  ditching,  sprinkling,  or  other 
work  upon  highways  is  necessary,  and  is  to  be  done,  and 
where  the  estimated  cost  of  such  work  amounts  to  three 
hundred  dollars  the  board  of  supervisors  must,  by  proper 
order,  direct  the  county  surveyor  to  make  definite  surveys 
of  the  proposed  work,  and  to  prepare  profiles  and  cross- 
sections  thereof,  and  to  submit  the  same  with  the  estimate 
of  the  amount  or  amounts  of  work  to  be  done,  and  cost 
thereof,  and  with  specifications  thereof.  Said  report  shall 
be  prepared  in  duplicate,  one  copy  to  be  filed  in  the  sur- 
veyor's oSice,  and  the  other  to  be  filed  with  the  clerk  of 
the  board  of  supervisors.  The  board  upon  receipt  of  such 
report  must  advertise  for  bids  for  the  performance  of  the 
work  specified.  Such  advertisement  for  bids  must  be 
published  for  two  weeks  in  two  newspapers,  one  published 
at  the  county  seat  and  the  other  at  a  point  nearest  the 
proposed  work.  Such  advertisement  must  be  in  the  fol- 
lowing form: 

"Office  of  the  clerk  of  the  board  of  supervisors, 

" County,  ,  190—. 

"Sealed  bids  will  be  received  by  the  clerk  of  the  board 

of  supervisors  of  County,  at  his  office,  until  

o'clock  M.,  ,  ,   190 — ,  for  ,   on  

in  district,  in  County, 

"Specifications  for  this  work  are  on  file  in  the  office  of 
the  said  board,  to  which  bidders  are  hereby  referred. 


"Clerk  of  the  board  of  supervisors 
of  the  county  ," 

And  such  advertisement  must  also  be  posted,  for  at  least 
two  weeks  prior  to  the  opening  of  the  bids  for  the  proposed 
work,  in  three  conspicuous  places  in  the  district  or  districts 
in  which  the  proposed  work  lies,  and  one  at  the  site  of  the 
proposed  work.  Bids  must  be  inclosed  in  sealed  envelope, 
addressed   to  the   clerk  of   the  board   of  supervisors,  and 

must  be  indorsed,  "Bids  for ,"  and  must  be  delivered 

to  said  clerk  prior  to  the  hour  specified  in  the  advertise- 
ment. The  board  shall  publicly  open  and  read  such  bids 
as  may  be  submitted,  and  must  award  the  contract  for  the 
work  to  the  lowest  bidder;  unless  it  shall  appear  to  the 
board  that  the  bids  are  too  high,  and  the  work  can  be  done 
more  cheaply  by  day  labor,  in  which  case  the  bids  must  be 
rejected,  and  the  work  ordered  done  by  the  road  commis- 
sioner, or  commissioners,  in  whose  district  or  districts,  the 


§  2643  HIGHWAYS.  684 

work  may  be  situated.  In  case  the  work  shall  he  let  by 
contract,  monthly  or  quarterly  payments  may  be  made 
thereon  upon  the  receipt  of  a  certified  estimate  by  the 
county  surveyor  of  the  amount  of  work  done  during  the 
preceding  month  or  quarter,  to  the  extent  of  seventy-five 
per  cent  of  the  value  of  said  work,  the  remaining  twenty- 
five  per  cent  being  due  on  the  completion  of  the  work. 
The  services  of  the  surveyor  in  making  such  partial  esti- 
mates must  be  paid  for  by  the  contractor.  Upon  the 
completion  of  the  work,  the  county  surveyor  must  examine 
the  same,  and  if  completed  in  accordance  with  the  speci- 
fications thereof,  he  must  submit  to  the  board  of  super- 
visors a  certificate  over  his  signature  and  official  seal  to 
the  effect  that  such  work  by  the  contractor  therefor  has 
been  completed  in  accordance  with 'the  specifications  there- 
for, and  recommending  its  acceptance.  The  board  shall 
thereupon  audit  the  same  and  direct  its  payment  out  of 
the  proper  fund  or  funds. 

12.  In  their  discretion,  they  may  set  apart  on  any  public 
road*  or  highway,  a  strip  of  land,  not  exceeding  six  feet  in 
width,  for  a  side  path;  and  make  an  order  designating  the 
width  of  such  path,  and  cause  the  lines  separating  the 
path  from  the  road  to  be  located  and  marked  by  stakes  or 
posts,  placed  at  such  distances  apart  as  they  shall  deem 
proper.  After  said  path  has  been  set  apart,  and  the  lines 
separating  the  same  from  the  road  has  been  located  and 
marked,  as  aforesaid,  the  use  of  the  same  is  hereby  re- 
stricted to  pedestrians  and  riders  of  bicycles,  and  other 
vehicles  propelled  solely  by  the  power  of  the  rider.  The 
expense  of  erecting  and  maintaining  such  path  may  be 
charged  to  the  general  county  fund,  the  general  road  fund, 
and  the  district  fund  of  the  district  or  districts  benefited. 
En.  Stats.  1883,  8.  Am'd.  1891,  474;  1893,  114;  1897,  248; 
1901,  GCl;  1903,  70.  • 

Cal.  Rep.  Cit.  71,  403;  80,  342;  89,  14;  90,  385;  126,  626; 
Subd.  2—99,  446.  Subd.  3—89,  13.  Subd.  4—80,  341. 
Subd.  10,  143,  241.     Subd.  11—102,  404. 

§  2643a.  Protection  from  storm-waters  and  floods. 
Whenever  any  public  road  or  highway  is  in  danger  of  being 
damaged  by  storm-waters  or  floods  on  the  same  the  board 
of  supervisors  shall  adopt  such  measures  as  may  be  neces- 
sary to  prevent  such  damage,  and  may,  by  ordinance, 
establish  a  district,  adopt  a  general  plan  of  protection  from 
storm-waters  and  floods  therein,  and  may  cause  a  part  or 


635  HIGHWAYS.  9S  2M4,  26« 

all  of  the  road  taxes  collected  in  such  district  to  be  appor- 
tioned to  a  fund  and  expended  for  such  purpose,  and  they 
may  also  apportion  to  such  fund  and  expend  for  such  pur- 
pose an  amount  not  exceeding  ten  per  centum  of  the  general 
road  fund  of  the  county,  or  they  may  at  the  time  of  levying 
taxes  for  general  county  purposes  levy  a  special  tax  for 
such  purpose,  not  exceeding  fifty  cents  on  each  one  hundred 
dollars  of  the  taxable  property  in  the  district  as  shown  by 
the  last  assessment-roll,  but  no  such  special  tax  shall  be 
levied  upon  any  district  until  the  proposition  to  levy  the 
same  has  been  submitted  to  the  qualified  electors  of  the 
district  and  received  a  majority  of  all  the  legal  votes  cast 
on  said  proposition.    En.  Stats.  1903,  80. 

§  2644.  Report  of  labor  on  roads  must  accompany  ex- 
pense claims.  No  claims  for  labor  performed  in  any  road 
district  shall  be  allowed  by  the  board  of  supervisors 
unless  the  same  be  accompanied  by  a  report  showing 
where  the  labor  was  performed,  the  nature  of  the  same, 
and  the  number  of  animals,  and  the  kind  of  implements 
used.  But  if  said  labor  shall  be  performed  under  the  direc- 
tion of  a  foreman  or  timekeeper,  said  foreman's  or  time- 
keeper's report  shall  cover  all  work  performed  under  his 
direction,  and  shall  be  sulBcient  to  warrant  the  payment 
of  all  claims  for  labor  so  performed.  The  board  of  super- 
visors shall  have  power,  and  it  is  hereby  made  its  duty, 
to  prescribe  rules  and  blank  forms,  not  inconsistent  with 
the  laws  of  this  state,  for  the  making  of  the  reports  herein 
required.  En.  Stats.  1883,  9.  Am'd.  1887,  78.  Rep.  1891, 
476.     En.  Stats.  1897,  241. 

§  2645.  Duties  of  road  commissioners.  Road  commis- 
sioners, under  the  direction  and  supervision  and  pursuant 
to  orders  of  the  board  of  supervisors,  must — 

1.  Take  charge  of  the  highways  within  their  respective 
districts,  and  shall  employ  all  men,  teams,  watering  carts, 
and  all  help  necessary  to  do  the  work  in  their  respective 
districts  when  the  same  is  not  let  by  contract;  provided, 
Ihat  no  road  commissioners  shall  be  interested,  directly 
or  indirectly,  in  any  contract  or  work  to  be  done  in  the 
road  'district  under  his  charge  and  control. 

2.  Keep  them  clear  from  obstructions,  and  in  good 
repair,  and  destroy,  or  cause  to  be  destroyed,  at  least  once 
a  year,  all  thistles,  Mexican  cockleburs,  of  any  kind,  and 
all  noxious  weeds,  growing  or  being  on  any  portion  of  the 

21 


§§  2646-2650  HIGHWAYS.  *« 

public   highways   or   public  roads   in  their   respective   dis- 
tricts. 

3.  Cause  banks  to  be  graded,  bridges  and  causeways  to 
be  made  when   necessary,  keep  the  same  in  good  repair, 
and  renew  them  when  destroyed.    En.  March  12,  1872.    Rep. 
1873-4,    117.     Am'd.    1880,    67.     Rep.    1883,    5.     En.     Stats. 
1883,  9.     Am'd.  1889,  339;  1891,  476;  1893,  115. 
Cal.  Rep.  Cit.     78,  495;  90,  385;  102,  38;  102,  404;  126,  624; 
126,  626. 
Department  of  highways:  See  General  Laws,  title  High- 
ways. 

Bureau  of  highways:   See  General  Laws,  title  Highways. 

§  2646.  Bids  to  maintain  roads.  (Repealed.)  En. 
March  12,  1872.  Rep.  1873-4.  117.  Am'd.  1880,  68.  Rep. 
1883,  5.  En.  Stats.  1887,  149.  Am'd.  1891,  477.  Rep.  1893, 
115. 

Cal.  Rep.  Cit.    102,  38. 

§  2647.  Duties  and  powers  of  supervisors  respecting 
roads.  Wlienever  any  right  of  way  for  a  public  highway 
has  been  or  may  hereafter  be  conveyed  to  a  county  without 
consideration,  other  than  that  the  said  county  shall  con- 
struct and  maintain  a  highway  thereon  and  shall  construct 
road  fences  along  the  lines  thereof;  and  said  right  of  way 
shall  have  been  or  shall  hereafter  be  accepted  and  declared 
by  the  board  of  supervisors  of  the  county  a  public  highway, 
the  said  board  may,  in  its  discretion,  provide  for  the 
building  of  road  fences  along  the  sard  right  of  way,  at 
any  time  within  five  years  from  the  date  of  such  convey- 
ance to  the  county.  The  cost  of  such  fences  may  be 
charged  to  and  paid  from  the  general  county  fund,  the 
general  road  fund,  or  the  district  fund  of  the  district  or 
districts  benefited;  provided,  that  not  to  exceed  one 
half  of  the  cost  of  any  fences  so  constructed  shall  be  paid 
from  the  general  county  fund.  En.  March  12,  1872.  Am'd. 
1873-4,  117;    1880,  68.     Rep.  1883,  5.     En.  Stats.  1901,  633. 

§  2648.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
118.     Rep.  1880,  76. 

§  2649.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
118;   1880,  69.     Rep.  1883,  5. 

§  2650.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
119;  1880,  69.    Rep.  1883,  5. 


637  HIGHWAYS.  §  2651 

ARTICLE  IV. 

HIGHWAY   TAXES. 

§  2631.  General    road    fund. 

§  2652.  Road   poll   tax. 

§  2653.  Property  highway  tax. 

§  2')."i4.  Asse.s.sment   and   collection    of   property   highway    tax. 

§  2655.  Taxes,    to   be   expended    in    districts. 

§   2656.  No   such   section. 

§§  2657-2664.     (Repealed.) 

§  2651.  General  road  fund.  The  board  of  supervisors 
may,  at  the  meeting  at  which  they  are  required  to  levy 
the  property  tax  for  road  purposes,  establish  a  general  road 
fund  and  order  to  be  apportioned  thereto  an  amount  not 
exceeding  thirty-five  per  centum  of  the  aggregate  roa-d  tax 
collected  from  all  sources.  The  moneys  in  such  general 
road  fund  shall  be  applied  to  the  following  purposes  only: 
First,  the  payment  of  the  expense  of  general  county  road 
improvements  in  which  the  inhabitants  of  all  of  the  dis- 
tricts within  the  county  are  interested;  second,  the  assist- 
ance of  weak  and  impoverished  districts  in  keeping  roads 
in  repair;  third,  the  payment  of  such  demands  as  are  pay- 
able by  law  out  of  the  general  road  fund;  provided,  that 
no  greater  proportion  of  such  general  road  fund  shall 
be  used  or  expended  in  any  road  district  than  the  amount 
collected  in  such  road  district,  unless  the  board  of  super- 
visors shall  by  a  two-thirds  vote  of  all  its  members  au- 
thorize the  expenditure  therein  of  such  greater  proportion, 
and  the  said  board  shall  have  no  power  to  create  a  debt 
on  any  road  district  in  excess  of  the  estimated  amount  of 
receipts  from  said  district  for  the  current  year.  The 
moneys  in  such  general  road  fund  at  the  end  of  the  fiscal 
year,  after  the  payment  of  all  warrants  drawn  on  such 
fund,  shall  be  reapportioned  by  the  county  auditor  to  the 
•district  fund  of  the  several  road  districts  in  which  it 
was  collected. 

All  contracts,  authorizations,  allowances,  payments,  and 
liabilities  to  pay,  made  or  attempted  to  be  made  in  violation 
of  this  act,  shall  be  absolutely  void,  and  shall  never  be  the 
foundation  or  basis  of  a  claim  against  the  treasury  of 
such  county.  And  all  officers  of  said  county  are  charged 
with  notice  of  the  condition  of  the  treasury  of  said  county, 
and  the  extent  of  the  claims  against  the  same.  All  super- 
visors, and  any  other  officer  authorizing  or  aiding  to 
authorize,  or  auditing  or  allowing  any  claim  or  demand 
upon  or  against  said  treasury,  or  any  fund  thereof,  in 
violation   of  any   of   the  provisions  of  this  act,   shall   be 


5  2652  HIGHWAYS.  «8» 

liable  in  person,  and  upon  their  several  official  bonds,  to 
the  person  or  persons  damaged  by  such  illegal  authoriza- 
tion to  the  extent  of  his  loss  by  reason  of  the  non-payment 
of  his  claim.  The  treasurer  paying  any  claim  authorized, 
allowed,  or  audited  in  violation  of  this  provision  shall  be 
liable  on  his  oflBcial  bond  to  refund  the  same  to  the  county 
treasury.  En.  March  12,  1872.  Rep.  1873-4,  120;  1880,  76. 
En.  Stats.  1883,  10.     Am'd.  1901,  G55. 

Cal.  Rep.  Cit.     75,  505;  78,  495;  137,  518. 

§  2652.  Road  poll  tax.  The  board  of  supervisors  may, 
annually,  at  any  regular  meeting  held  between  the  first 
days  of  January  and  March  of  each  year,  levy  on  each  male 
person  over  twenty-one  and  under  fifty-P.ve  years  of  age 
found  in  each  road  district  during  the  time  for  the  collec- 
tion of  road  poll  taxes  for  that  year,  excepting  all  persons 
who  were  honorably  discharged  from  service  in  the  army 
or  navy  of  the  United  States  at  any  time  within  the  first 
day  of  April  in  the  year  of  our  Lord  eighteen  hundred 
and  sixty-one,  and  the  first  day  of  September  in  the  year 
of  our  Lord  eighteen  hundred  and  sixty-five,  an  annual 
road  poll  tax  not  exceeding  three  dollars;  and  from  every 
such  person  not  above  excepted,  in  a  road  district,  who 
has  not  paid  the  same  in  some  other  district,  must  be 
collected  the  amount  of  road  poll  tax  so  levied.  Said  road 
poll  tax  shall  be  collected  by  the  county  assessor  in  the 
same  manner  that  state  poll  taxes  are  collected,  and  all 
remedies  given  by  law  for  the  collection  of  state  poll  taxes 
shall  apply  to  and  be  in  force  for  the  collection  of  road 
poll  taxes.  Road  poll-tax  receipts,  in  blank,  signed,  and 
numbered  in  the  same  manner  that  other  poll-tax  receipts 
are  signed  and  numbered,  shall  be  delivered  by  the  auditor 
of  the  county  to  said  county  assessor  on  or  before  the  first 
Monday  of  March  of  each  year;  and  said  assessor  shall  be 
charged  with  the  amount  of  such  road  poll-tax  receipts 
delivered  to  him,  and  be  credited  with  those  returned,  and 
shall  settle  with  the  auditor,  and  pay  over  the  amounts 
collected,  in  the  manner  provided  by  section  thirty-eight 
hundred  and  fifty-three  of  this  code.  A  sum  not  exceeding 
thirty-five  per  cent  of  all  road  poll-taxes  so  collected  may 
be  apportioned  to  the  general  road  fund,  and  the  balance 
shall  be  apportioned  to  the  several  districts  of  the  county 
from  which  said  road  poll-tax  was  collected.    En.  March  12, 


839  HIGHWAYS.  §5  2653-265T 

1872.     Rep.  1873-4,  120;  1880,  76.     En.  Stats.  1883,  10.     Am'd. 
i889,  353;   1891,  478. 
Cal.  Rep.  Cit.     78,  495;  104,  66;  104,  67. 

§  2653.  Property  highway  tax.  The  board  of  supervisors 
must  each  year,  at  the  meeting  at  which  they  are  required 
to  levy  the  property  tax  for  county  purposes,  estimate  the 
probable  amount  of  property  tax  for  highway  purposes 
which  may  be  necessary  for  the  ensuing  year,  over  and 
above  the  road  tax,  and  must  regulate  and  fix  the  amount 
of  property  highway  tax,  and  levy  the  same  thereby;  pro- 
vided, that  said  property  tax  for  highway  purposes  shall 
not  exceed  the  sum  of  forty  cents  upon  each  one  hundred 
dollars  of  assessable  property  in  any  one  year.  En.  March 
12,  1872.  Am'd.  1873-4,  120;  1877-8,  641;  1880,  69.  Rep. 
1883,  5.     En.  Stats.  1883,  11. 

Cal.  Rep.  Cit.     78,  495. 

§  2654.     Assessment  and  collection  of  property  highway 

tax.  The  annual  property  tax  for  road  purposes  must  be 
levied  by  the  board  of  supervisors  at  their  session  when 
the  tax  is  by  them  levied  for  county  purposes.  This  prop- 
erty road  tax,  when  levied,  must  be  annually  assessed  and 
collected  by  the  same  officers  and  in  the  same  manner 
as  other  state  and  county  taxes  are  levied,  assessed,  and 
collected,  and  turned  over  to  the  county  treasurer  for  the 
use  of  the  road  districts  from  which  it  is  respectively 
collected.  En.  Stats.  1873-4,  38.  Rep.  1880,  76.  En.  Stats. 
1883,  11. 
Cal.  Rep.  Cit.     96,  636;  104,  67;  137,  518;  137,  519. 

§  2655.  Taxes  to  be  expended  in  districts.  All  property 
road  tax  and  road  poll-tax  collected  in  each  road  district 
shall  be  expended  for  road  purposes  within  the  district  in 
which  it  is  collected,  subject  to  the  provisions  of  sections 
two  thousand  six  hundred  and  fifty-one  and  two  thousand 
six  hundred  and  fifty-two.    En.  Stats.  1883,  12. 

Cal.  Rep.  Cit.    137.  518. 

§  2656.     [No  such  section.] 

§  2657.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
120;   1880,  70.     Rep.  1883,  5. 


§§  2658-2680  HIGHWAYS.  «« 

§  2658.     (Repealed.)     En.  March  12,  1872.     Am'd.  1873-4, 
120.     Rep.    1880,    76. 

§§  2659-2662.     (Repealed.)     En.    March    12,    1872.     Am'd. 
1873-4,  121;  1880,  70.     Rep.  1883,  5. 

§  2663.     (Repealed.)     En.    March    12,    1872.     Am'd.    1880, 
71.     Rep.  1883,  5. 

§  2664,      (Repealed.)     En.  March  12,  1872.     Am'd.  1873-4, 
122;  1880,  71.     Rep.  1883,  5. 


ARTICLE  V. 

PERFORMANCE    OF    HIGHWAY    LABOR    AND    COMMUTATION. 

§  2671.     Employers     responsible     for     road     taxes     assessed     against     em- 
ployees. 
§§  2672-2679.     No   such  sections. 
§  26S0.     (Repealed.) 

§  2671.  Employers  responsible  for  road  taxes  assessed 
against  employees.  Corporations,  or  other  employers  of 
persons  in  any  road  district  subject  to  road  tax,  are 
chargeable  for  the  road  poll  tax  assessed  against  their 
employees  to  the  extent  of  any  credit  in  their  hands  not 
exceeding  such  tax;  provided,  the  road  overseer  shall  first 
give  notice  to  such  employer,  or  the  managing  agent  of 
such  corporation,  and  from  the  time  of  such  notice,  the 
amount  of  any  credit  in  his  hands,  or  that  shall  thereafter 
accrue  sufficient  to  satisfy  said  tax,  shall  be  paid  to  the 
road  tax  collector,  whose  receipt  shall  be  evidence  In 
bar  of  the  prosecution  of  any  action  by  the  employee 
against  the  principal  for  the  recovery  of  the  same.  En. 
Stats.  1883.  12. 

§§  2672-2679.       [No  such  sections.] 

§  2680.     (Repealed.)     En.  March  12,  1872.    Rep,  1883.  5. 


641  HIGHWAYS.  §g  2681.  2682 

ARTICLE  VI. 

LAYING   OUT,    ALTERING,    AND   DISCONTINUING   ROADS. 

§  2G81.  Who    may   apply   to   alter,    discontinue,    or   lay    out. 

§  i:6S2.  Petition. 

§  268.'^.  Bon'd. 

§  26S4'.  Viewers. 

§  26S5.  Duties    of   viewers. 

§  26S(>.  Rfi>ort   of   viewers. 

§  2GS7.  Viewers    and    surveyors,    how   pal'd. 

§  2(!SS.  Proceedings  of  board  In   hearing  report. 

§  26S9.  Proceedings    on    arproval    of    report.     Damages. 

§  26,0.  Rejection    of   damages.     Proceedings    to    procure   right    of    way. 

§  2691.  Payment   of   awards   and   expenses. 

§  26!i2.  Pi'ivate   roads,    how    opened. 

§  2(i9.3.  Record    of   transfer   of   right   of   way. 

§  2694.  Roads    crn.<?sing    railroads,    canals,    and   'ditches. 

§  2G9o.  Fences  to  be   removed,    how. 

§  26:16.  Acquiring    land,    proceedings    for. 

§  2697.  No    such   section. 

§§  2698-2710.     (Repealed.) 

§  2681.  Who  may  apply  to  alter,  discontinue,  or  lay  out. 
Any  ten  freeholders  who  will  be  accommodatea  by  the 
proposed  road,  two  of  whom  must  be  residents  of  the  road 
district  wherein  any  part  of  the  proposed  road  is  situated, 
and  who  are  taxable  therein  for  road  purposes,  may  peti- 
tion, in  writing,  the  board  of  supervisors  to  alter  or  dis- 
continue any  road,  or  to  lay  out  a  new  road  therein; 
provided,  that  when  a  road  is  petitioned  for  upon  the 
dividing  line  between  two  counties,  the  same  course  shall 
be  pursued  as  in  other  cases,  except  that  a  copy  of  the 
petition  shall  be  presented  to  the  board  of  supervisors 
of  each  county,  who  shall  appoint  viewers,  to  act  jointly, 
and  report  to  their  respective  boards  the  action  of  such 
viewers;  provided,  further,  that  all  such  roads  shall  be 
at  least -forty  feet  wide.  En.  March  12,  1872.  Am'd.  1880, 
71.     Rep.  1883,  5.     En.  Stats.  1883,  12.     Am'd.  1891,  64. 

Cal.  Rep.  Cit.  68,  59;  71,  403;  75,  609;  79,  379;  80,  342; 
89,  14;   95,  242;   95,  243;  110,  98;  130,  635. 

§  2682.  Petition.  The  petition  must  set  forth  the  gen- 
eral route  of  the  road  to  be  abandoned,  discontinued,  al- 
tered, laid  out,  or  constructed,  and  the  names  of  the 
persons  over  whose  land  the  same  is  to  run,  if  known, 
and  if  not  known,  that  fact  must  be  stated.  En.  March 
12,  1872.  Rep.  1883,  5.  En.  Stats.  1883,  12.  Am'd.  1887, 
169;    1891,   509. 

Cal.  Rep.  Cit.     75,  606;  95,  242;  95,  243;  146,  2. 
Pol.  Code— 41 


§§  2683-2685  HIGHWAYS.  642 

§  2683.  Bond.  The  petitioners  must  accompany  the 
petition  with  a  good  and  sufficient  bond,  to  be  approved 
by  the  board  of  supervisors,  in  double  the  amount  of 
the  probable  cost  of  the  viewing  and  laying  out  or  alter- 
ing of  any  road,  conditioned  that  the  bondsmen  will  pay 
all  the  costs  of  viewing  and  surveying  in  case  the  prayer 
is  not  granted.  En.  March  12,  1872.  Rep.  1883,  5.  En. 
Stats.  1883.  13. 

Cal.  Rep.  Cit.     75,  606;  95,  240;  107,  533;  139,  130;  146,  2. 

Viewing  and  surveying:   See  post,  sec.  2686,  subd.  6. 

§  2684.  Viewers.  Upon  filing  such  petition  and'bond, 
the  board  of  supervisors  may,  if  they  deem  it  advisable, 
appoint  three  viewers,  one  of  whom  must  be  a  surveyor, 
to  view  and  survey  any  proposed  alteration  of  an  old  or 
opening  of  a  new  road  and  submit  to  the  board  an  esti- 
mate of  the  change,  alteration,  or  opening,  including  the 
purchase  of  the  right  of  way,  and  their  views  of  the 
necessity  thereof.  En.  March  12,  1872.  Rep.  1883,  5.  En. 
Stats.  1883,  13.     Am'd.  1891,  65;   1893,  100. 

§  2685.  Duties  of  viewers.  The  road  viewers  must  be 
disinterested  citizens  of  the  county,  but  not  petitioners. 
They  must  be  sworn  to  discharge  their  duties  faithfully, 
must  view  and  lay  out  the  proposed  alterations  or  new 
road  over  the  most  practicable  route,  and  in  the  per- 
formance of  this  duty  they  shall  be  required  to  make 
the  proposed  alterations  or  new  road  over  the  same  lands 
mentioned  in  the  petition,  but  shall  not  be  confined  to 
any  particular  route  indicated  therein.  The  viewers  must 
notify  the  resident  owner  or  agent  of  the  owner  of  the 
land  over  which  it  passes  of  the  proposed  route.  A  ma- 
jority number  of  the  viewers,  providing  one  shall  be  a 
surveyor,  shall  be  competent  to  act  in  all  matters  per- 
taining to  their  duties  mentioned  in  this  chapter.  The 
board  of  supervisors,  in  making  the  order  appointing 
viewers,  may,  in  their  discretion,  direct  said  viewers  to 
first  view  the  proposed  road,  and  if,  in  the  opinion  of  the 
viewers,  the  road  is  impracticable,  the  said  viewers  shall 
discontinue  further  proceedings  in  the  matter,  and  re- 
port accordingly.  En.  March  12,  1872.  Am'd.  1873-4.  122; 
1880,  71.     Rep.  1883,  5.     En.  Stats.  1883,  13,  Am'd.  1887,  169.  - 

Cal.  Rep.  Cit.    75,  608;  136,  477. 


643  HIGHWAYS.  §5  2686-2«88 

§  2686.  Report  of  viewers.  When  the  view  and  survey 
of  the  proposed  alteration  or  new  road  is  completed,  the 
viewers  must  report  to  the  hoard  of  supervisors — 

1.  The  course,  termini,  length,  and  probahle  cost  of 
construction  of  the  proposed  road. 

2.  The  estimate  of  damage  to  the  owner  af  any  land 
over  which  it  is  proposed  to  run  the  road. 

3.  The  names  of  land  owners  who  consent  to  give  the 
right  of  way,   and  their  written  consent  thereto. 

4.  The  names  of  land  owners  who  do  not  consent,  and 
the  amount  of  damage  claimed  by  each;  provided,  that 
when  there  are  nonresident  land  owners  and  no  agent 
upon  the  land  upon  whom  notice  can  be  served,  such 
nonresident  land  owners  shall  be  considered  as  noncon- 
senting  land  owners,  unless  their  written  consent  shall 
have  been   obtained. 

5.  Such  other  facts  bearing  upon  the  subject  of  Im- 
portance to  be  known  by  the  board  of  supervisors. 

6.  They  may  also,  in  their  discretion,  or  by  order  of 
the  board  of  supervisors,  report  upon  the  feasibility  and 
cost  of  any  other  route  than  the  one  petitioned  for  which 
would  subserve  the  same  purposes;  and  also  report  as  to 
the  necessity  of  a  greater  or  the  practicability  of  a  less 
width  of  road  than  petitioned  for.  En.  March  12,  1872. 
Rep.  1873-4,  123.     1880,  76.     En.  Stats.  1883,  13. 

Cal.  Rep.  Cit.     68,  62;   75,  608;   83,  514;   136,  477. 

§  2687.  Viewers  and  surveyors,  how  paid.  The  viewers 
must  be  paid  not  to  exceed  three  dollars  each  per  day 
for  their  services  out  of  the  road  fund  of  the  district 
through 'which  the  road  passes,  and  the  surveyor  shall 
receive  a  per  diem  not  to  exceed  ten  dollars  for  the  time 
occupied  in  running  out  and  mapping  the  road,  and  mak- 
ing the  plat  and  field  notes,  which  must  be  filed  before 
he  receives  his  compensation.  En.  March  12,  1872.  Am'd. 
1873-4,  123;   1880,  71.     Rep.  1883,  5.     En.  Stats.  1883,  14. 

§  2688.  Proceedings  of  board  in  hearing  report.  The 
board  of  supervisors  at  the  next  meeting  after  the  filing 
of  the  report  or  at  the  time  when  the  report  is  filed  (if 
then  in  session),  must  fix  a  day  for  hearing  the  same; 
and  must  give  notice  to  such  nonconsenting  land  owners 
of  the  time  and  place  of  such  hearing,  by  publication, 
for   at   least   two    successive    weeks    before   such   hearing, 


§  26S9  HIGHWAYS.  844 

in  a  newspaper,  to  be  designated  by  ttie  board,  published 
in  the  county;  but  if  there  be  no  newspaper  published  in 
the  county,  then  by  posting  notices,  one  at  a  conspicuous 
place  on  the  land,  and  one  at  the  courthouse,  at  least 
two  weeks  before  such  hearing.  Said  notice  shall  intel- 
ligibly describe  the  road  to  be  abandoned,  discontinued, 
altered,  ^aid  out,  or  constructed,  and  the  lands  over  which 
the  same  is  to  run,  and  the  names  of  the  owners  of 
such  land  when  known,  and  if  not  known,  that  fact  must 
be  stated.  The  board  must,  on  the  day  fixed  for  the 
hearing,  or  to  which  it  may  be  postponed  or  continued, 
hear  the  evidence  offered  by  parties  interested  for  or 
against  the  proposed  alterations  or  new  road;  and  must 
ascertain  and  by  order  declare  the  amount  of  damage 
awarded  to  each  non-consenting  land  owner  over  whose 
land  they  shall  order  the  road  to  be  opened,  whether 
known  or  unknown,  and  declare  the  report  of  the  viewers 
to  be  approved  or  rejected,  in  whole  or  in  part.  En. 
March  12,  1872.  Am'd.  1873-4,  123;  1880,  72.  Rep.  ±6SS,  5. 
En.  Stats.  1883,  14.     Am'd.  1891,  509. 

Cal.   Rep.  Cit.     104,  393. 

Consenting  owners:    See   sec.    2686,   supra. 

§  2689.  Proceedings  on  approval  or  report.  Oannages. 
If  the  board  approve  the  report,  and  there  are  no  non- 
consenting  land  owners,  the  road  must  by  oraer  be  de- 
clared a  public  highway,  and  the  same  opened  to  the 
public.  The  board,  upon  making  each  and  every  order 
establishing  the  location  or  alteration  of  any  road  or 
highway,  shall  order  the  amount  of  damages  sustained  by 
each  and  every  person  owning  or  claiming  lands,  or  any 
improvements  thereon  or  affected  thereby,  as  linally  fixed 
and  assessed  by  them,  to  be  set  apart  in  the  treasury  out 
of  the  proper  fund,  to  be  paid  to  the  proper  owner  or 
claimant  if  known,  and  to  be  kept  for  pi-oper  claimant 
or  owner  if  unknown,  and  to  be  paid  to  him  or  her  upon 
showing  or  establishing  their  right  or  title  to  such  lands 
ot  improvements;  provided,  that  any  person  interested  in 
said  road  may  place  in  the  treasury  the  whole  or  any 
part  of  the  amount  necessary  to  meet  the  demands  made 
upon  such  fund  by  said  orders  of  the  board.  Any  moneys 
so  set  apart  as  herein  provided  for,  shall  be  returned  to 
the  person  from  whom  or  the  fund  from  which  it  was 
taken  or  set  apart,  if  not  paid  to  or  accepted  by  the 
proper  owner  or  claimant.     If  the  awards  are  all  accepted. 


645  HIGHWAYS.  §§  ^«W,  26ai 

the   road   must   be  declared  a    public    highway,    and     be 

opened    as    before    provided.  En.    Stats.     1883,     14.     Am'd. 
1887,  liO. 

Cal.  Rep.  Cit.     68,  60;   106,  571;   146,  2. 

§  2690.  Rejection  of  damages.  Proceedings  to  procure 
riglnt  of  way.  If  any  award  of  damages  is  not  accepted 
within  ten  days  of  the  date  of  the  award,  it  shall  be 
deemed  as  rejected  by  the  land  owners.  The  board  must 
by  order  direct  proceedings  to  procure  the  right  of  way 
to  be  instituted  by  the  district  attorney  of  the  county, 
under  and  as  provided  in  title  seven,  part  three,  of  the 
Code  of  Civil  Procedure,  against  all  non-accepting  land 
owners,  and  when  thereunder  the  right  of  way  is  procured 
the  road  must  be  declared  a  public  highway,  and  opened 
as  herein  provided.  In  such  suit  no  informality  in  the 
proceedings  of  the  board  shall  vitiate  said  suit,  but  the 
said  order  of  the  board  directing  the  district  attorney  to 
bring  suit  shall  be  conclusive  proof  of  the  regularity 
thereof;  and  the  said  suit  shall  be  determined  by  the  court 
or  jury  in  accordance  with  the  rights  of  the  respective 
parties,  as  shown  in  court  independent  of  said  proceed- 
ings before  said  board.  En.  Stats.  1883,  14.  Am'd.  1887, 
170. 

Cal.  Rep.  Cit.  68,  60;  83,  511;  83,  513;  bo,  93;  102,  433; 
110,  98;  118,  681;  129,  4U6;  129,  407;  130,  635;  136, 
478;    139,  130;    146,  2. 

Notification  of  owners:   See  sec.  2688,  supra. 

Eminent  domain,  generally:  See  Code  Civ.  Proc,  sees. 
1237  et  seq. 

§  2691.  Payment  of  awards  and  expenses.  All  awards 
by  agreement,  ascertainment  by  the  board  or  the  proper 
court,  and  all  expenses  of  viewing,  laying  out,  or  altering 
any  road,  must  be  paid  out  of  the  road  fund  of  the  dis- 
trict, except  that  which  may  be  paid  by  interested  parties 
on  the  order  of  the  board  of  supervisors,  and  except  also 
that  whenever  it  appears  to  the  board  of  supervisors  that 
any  road  district  would  be  unreasonably  burdened  by 
the  payment  of  such  awards  and  expenses,  the  board  of 
supervisors,  by  a  two-thirds  vote,  may  cause  a  portion 
of  such  awards  and  expenses  to  be  paid  from  the  general 
road  fund;  provided,  however,  that  not  to  exceed  ten  per 
cent  of  the  general  road   fund   shall   be   devoted  to   such 


§§  2692-2694  HIGHWAYS.  646 

purposes  in  any  one  fiscal  year.  If  the  road  lies  in  more 
than  one  district,  the  supervisors  must  pi'oportionately 
divide  the  awards  and  other  costs  between  said  disti'icts; 
provided,  however,  that  when  money  is  paid  out  by  any 
interested  person  the  same  may  be  given  to  the  credit 
of  either  fund,  at  the  discretion  of  the  board.  En.  Stats. 
1883,  15.     Am'd.  1887,  170;   1893,  53. 

§  2692.  Private  roads,  how  opened.  Private  or  by-roads 
may  be  opened,  laid  out,  or  altered  for  tae  convenience 
of  one  or  more  residents  or  freeholders  of  any  road  dis- 
trict in  the  same  manner  as  public  roads  are  opened, 
laid  out,  or  altered,  except  that  only  one  petitioner  shall 
be  necessary,  who  must  be  either  a  resident  or  freeholder 
in  said  road  district;  and  the  board  of  supervisors  may 
for  like  cause  order  the  same  to  be  viewed,  opened,  laid 
out,  or  altered,  the  person  for  whose  benefit  said  road 
is  required  paying  the  damages  awarded  to  land  owners, 
and  keeping  the  same  in  repair;  provided,  that  the  peti- 
tioners must  accompany  the  petition  with  the  bond  men- 
tioned in  section  two  thousand  six  hundred  and  eighty- 
three,  conditioned  as  provided  in  said  section,  and  with 
a  further  condition  that  the  bondsmen  will  pay  to  the 
person  over  whose  land  said  road  is  sought  to  be  opened 
his  necessary  costs  and  disbursements  in  contesting  the 
opening  of  such  road,  in  case  the  petition  be  not  granted, 
and  the  road  finally  not  opened;  provided,  that  all  private 
roads  opened  or  laid,  out  under  the  provisions  of  this  act 
shall  be  upon  section  or  half-section  lines  wherever  prac- 
ticable.    En.  Stats.  1883,  15. 

Cal.  Rep.  Cit.  71,  403;  83,  511;  102,  433;  107,  533;  107, 
534;    129,  130,  129,   134;    129,   135. 

§  2693.  Record  of  transfer  of  right  of  way.  In  all  cases 
where  consent  to  use  the  right  of  way  for  a  highway  is 
voluntarily  given,  purchased,  or  condemned,  and  paid  for, 
either  an  instrument  in  writing  conveying  the  right  of 
way  and  incidents  thereto,  signed  and  acknowledged  by 
the  party  making  it,  or  a  certified  copy  of  the  decree  of 
the  court  condemning  the  same,  must  be  made  and  filed 
and  recorded  in  the  office  of  the  recorder  of  the  county, 
in  which  the  land  so  conveyed  or  condemned  must  be 
particularly  described.     En.  Stats.  1883,  15. 

§  2694.  Roads  crossing  railroads,  canals,  and  ditches. 
Whenever  highways  are  laid  out  to  cross  railroads,  canals, 


647  HIGHWAYS.  §§  2695-2702 

or  ditches,  on  public  lands,  the  owners  or  corporations 
using  the  same  must,  at  their  own  expense,  so  prepare 
their  roads,  canals,  or  ditches,  that  the  public  highway 
may  cross  the  same  without  danger  or  delay.  And  when 
the  right  of  way  for  a  public  highway  is  obtained  through 
the  judgment  of  any  court  over  any  railroad,  canal,  or 
ditch,  no  damages  must  be  awarded  for  the  simple  right 
to  cross  the  same.     En.  Stats.  1883,  15. 

§  2695.  Fences  to  be  removed,  how.  When  the  altera- 
tion of  an  old  or  the  opening  of  a  new  road  makes  it 
necessary  to  remove  fences  on  land  given,  purchased,  or 
condemned,  by  order  of  a  court  for  road  or  highway  pur- 
poses, notice  to  remove  the  fences  must  be  gfven  by  the 
road  overseer  to  the  owner,  his  occupant  or  agent,  or  by 
posting  the  same  on  the  fence;  and  if  the  same  is  not 
done  within  ten  days  thereafter,  or  commenced  and  prose- 
cuted with  due  diligence,  the  road  overseer  may  cause 
it  to  be  carefully  removed  at  the  expense  of  the  owner, 
and  recover  of  him  the  cost  of  such  removal,  and  the 
fence  material  may  be  sold  to  satisfy  the  judgment.  En. 
Stats.  1883,  15. 

Cal.  Rep.  Cit.     77,  17;    89,  14. 

§  2696.  Acquiring  land,  proceedings  for.  Whenever  it 
shall  become  necessary  to  acquire  land  in  order  to  raise 
the  banks  along  any  stream  or  remove  obstructions  there- 
from, or  widen,  change,  deepen  or  straighten  tneir  chan- 
nels for  tne  purpose  of  protecting  any  public  road  or 
highway,  or  to  construct  flumes,  ditches  or  canals,  or 
make  other  improvements  for  the  purpose  of  carrying  off 
storm-waters  or  floods  to  a  place  of  safety,  the  board 
must,  by  order,  direct  proceedings  to  procure  land  neces- 
sary for  such  purpose  to  be  instituted  by  the  district  at- 
torney of  the  county,  in  the  name  of  the  county,  under 
and  as  provided  in  title  seven  of  part  three  of  the  Code 
of  Civil  Procedure.     En.   Stats.   1887,   150.     Am'd.   1903,   79. 

§  2697.     [No  such  section.] 

§  2698.     (Repealed.)     En.  March  12,  1872.     Am'd.  1873-4. 
123;   1880,  72.     Rep.  1883,  5. 
Cal.  Rep.  Cit.       70,  435. 

§§  2699-2702.  (Repealed.)  En.  March  12,  1872.  Rep. 
1883,  5. 


§§  2703-2712  HIGHWAYS.  «« 

§  2703.     (Repealed.)     En.    March    12,    1872.     Am'd    1880, 
72.     Rep.  1883,  5. 

§  2704.     (Repealed.)     En.  March  12,  1872.     Am'd.  1873-4, 
124.     Rep.  1880,  76. 

§  2705.     (Repealed.)     En.  March  12,  1872.     Rep.  1883,  5. 

§§  2706-2708.     (Repealed.)     En.  March    12,    1872.     Am'd. 
1873-4,  124;  1880,  72.     Rep.  1883,  5. 
Cal.  Rep.  Cit.     70,  435. 

§  2709.     (Repealed.)     En.  March  12,  1872.     Rep.  1883,  5. 

§  2710.     (Repealed.)     En.    March   12,    1872.     Am'd.    1880, 
72.     Rep.  1883,  5. 

ARTICLE  VII. 

ERECTION    AND    MAINTENANCE    OF    BRIDGES. 

§  i-'Tll.     Bridges,    how   maintained,    and   by    whom. 

§  i712.     When   aid   may   be    given   by   county   for  bridge. 

§  ::7ic!.     Construction   and    repair  of   bridges   to   be   let   out   by   contract. 

§  2714.    When   one   overseer   fails   to   act,    who   may   repair   bri'dge. 

§  27'..j.     When    suiiervisors    must    repair    bridge. 

§  -71(i.     Semi-annual    meetings    for    highway   and    bridge   purposes. 

^  ;<     717-2723.     No    such    sections. 

§§  2721-2730.     (Repealed.) 

§  2711.     Bridges,   how    maintained,   and     by    whom.     All 

public  bridges,  not  otherwise  specially  provided  for,  are 
niaintained  by  the  road  district  in  which  they  are  situate, 
the  districts  which  they  unite,  and  the  county  at  large, 
in  the  same  manner  as  highways,  and  under  the  manage- 
ment and  control  of  the  road  overseer  and  the  board  of 
supervisors,  the  expense  of  constructing,  maintaining,  and 
repairing  the  same  being  primarily  payable  out  of  the 
road  fund  of  the  district  in  the  hands  of  the  county 
treasurer,  and  from  road  taxes.  En.  March  12,  1872.  Am'd. 
1880,  73.  Rep.  1883,  5.  En.  Stats.  1883,  16. 
Cal.  Rep.  Cit.     137,  206. 

§  2712.     When   aid   may   be  given    by  county  for  bridge. 

Whenever  it  appears  to  the  board  of  supervisors  that 
any  road  district  is  or  would  be  unreasonably  burdened 
by  the  expense  of  constructing,  or  by  the  maintenance 
and  repairs  of  any  bridge  or  tunnel  connecting  or  form- 
ing a  part  of  a  road,  or  the  purchase  of  toll  roads,  they 
may,  in  their  discretion,  cause  a  portion  of  the  aggregate 
cost  or  expense  to  be  paid  out  of  the  general  road  fund  of 


049  HIGHWAYS.  §§  2713,  2714 

the  county,  or  by  vote  of  two-thirds  of  the  board  of 
supervisors,  said  board  may,  in  their  discretion,  order  a 
portion  of  the  cost  of  construction  and  repairs  of  bridges 
r.nd  tunnels  connecting  or  forming  a  part  of  a  road,  or 
a  portion  of  the  cost  of  the  purchase  of  toll  roads,  to 
be  paid  out  of  the  county  general  fund  as  well  as  the 
general  road  fund.  En.  March  12,  1872.  Rep.  1883,  5.  En. 
Stats.  1883,  16.     Am'd.  1887,  115;   1901,  599;   1903,  18. 

Cal.  Rep.  Cit.     78,  496. 

§  2713.  Construction  and  repair  of  bridges  to  be  let 
out  by  contract.  No  bridge,  the  cost  of  construction  or 
repair  of  which  will  exceed  the  sum  of  two  hundred  dol- 
lars, must  be  constructed  or  repaired  except  on  the 
order  of  the  board  of  supervisors.  When  ordered  to  be 
constructed  or  repaired,  the  contract  therefor  may,  in 
their  discretion,  be  let  out,  and  if  let,  it  must  be  after 
reasonable  notice  given  by  the  board  of  supervisors,  by 
publication  at  least  once  a  week  for  two  weeks  in  a 
county  newspaper;  and  if  no  paper  is  published  in  said 
county,  then  by  three  posted  notices,  one  at  the  court- 
house, one  at  the  point  to  be  bri'd'ged,  and  one  at  some 
other  neighboring  place  in  the  county.  All  bids  shall  be 
sealed;  they  shall  be  opened  at  the  time  specified  in 
the  notice,  and  the  contract  awarded  to  the  lowest  respon- 
sible bidder.  The  board  may,  however,  reject  any  and 
all  bids.  The  contract  and  bond  for  its  performance  must 
be  entered  into  and  approved  by  the  board  of  supervisors; 
except,  however,  in  cases  of  great  emergency,  by  the 
unanimous  consent  of  the  whole  board  they  may  proceed 
at  once  to  replace  or  repair  any  and  all  structures,  of  what- 
ever nature,  without  notice.  Bridges  crossing  the  line  be- 
tween counties  must  be  constructed  by  the  counties  into 
which  such  bridges  reach,  and  each  of  the  counties  into 
which  any  such  bridge  reaches  shall  pay  such  portion  of  the 
cost  of  such  bridge  as  shall  have  been  previously  agreed 
upon  by  the  boards  of  supervisors  of  said  counties.  En. 
March  12,  1872.     Rep.  1883,  5.     En.  Stats.  1883,  16. 

Cal.  Rep.  Cit.     134,  561;  137,  206;  137,  209. 

Acts  relating  to  construction  of  bridges:  See  General 
Laws,  title  Bridges. 

§  2714.  When  new  overseer  fails  to  act,  who  Vnay  repair 
bridge.  If  the  road  overseer  of  one  district,  after  five 
•days'  notice  from  the  overseer  of  an  adjoining  district 
to  aid  in  the  repair  of  a  bridge  in  which  each  are  inter- 


§§  2715-2730  HIGHWAYS.  «W» 

ested,  fails  so  to  aid,  the  one  giving  notice  may  make  the 
necessary  repairs,  and  must  be  allowed  a  pro  rata  com- 
pensation therefor  by  the  board  of  supervisors  out  of  the 
road  fund  of  the  defaulting  district.  Bridges  crossing 
the  line  between  cities  and  towns  and  road  districts  must 
be  constructed  and  maintained,  and  the  expenses  thereof 
borne  equally  by  the  cities  or  towns  from  the  road  fund 
of  the  road  districts  into  which  such  bridges  reach.  En. 
March  12,  1872.  Am'd.  1873-4,  126;  1880,  74.  Rep.  1883,  5. 
En.  Stats.  1883,  17. 

§  2715.     When  supervisors    must    repair  bridge.    If  the 

overseer  of  any  road  district,  chargeable  with  the  repair 
of  a  bridge,  fails  to  make  the  needed  repairs,  after  being 
informed  that  a  bridge  is  impassable  or  unsafe,  and  is 
requested  to  make  the  same  by  two  or  more  freeholders 
of  the  district  in  which  it  is  situate,  or  the  two  districts 
which  it  unites,  the  freeholders  may  represent  the  facts 
to  the  board  of  supervisors,  who,  upon  being  satisfied 
that  the  bridge  is  unsafe,  must  cause  the  same  to  be  re- 
paired, and  must  pay  therefor  from  the  funds  of  the 
district  chargeable  therewith,  or,  if  deemed  necessary, 
from  the  general  road  fund.     En.  Stats.  1883,  17. 

§  2716.  Semi-annual  meetings  for  higliway  and  bridge 
purposes.  The  supervisors  may  appoint,  semi-annually,  a 
special  meeting,  at  which  the  road  overseers,  on  days  set 
apart  for  their  respective  districts,  must  be  present;  and 
at  such  special  meetings  so  appointed  the  supervisors 
must  hear  highway  and  bridge  reports  and  complaints  from 
officers  and  citizens;  after  which  such  orders  must  be  made 
and  such  action  had  regarding  the  same  as  the  public  wel- 
fare demands.     En.  Stats.  1883,  17. 

Cal.  Rep.  Cit.    118,  495;  137,  206. 

§§  2717-2723.     [No  such  sections.] 

§§  2724-2726.  (Repealed.)  En.  March  12,  1872.  Am'd. 
1873-4,  126;  1880,  74.     Rep.  1883,  5. 

§§  2727,  2728.  (Repealed.)  En.  March  12,  1872.  Rep. 
1883,  5. 

§  2729.  (Repealed.)  En.  March  12,  1872.  Am'd.  1873-4, 
127;  1880,  75.     Rep.  1883,  5. 

§  2730.     (Repealed.)     En.  March  12,  1872.    Rep.  1883,  5. 


6a  HIGHWAYS.  9§  2731-2733 

ARTICLE  VIII. 

OBSTRUCTIONS   AND   INJURIES   TO   HIGHWAYS. 

§  2731.  Removal   of   encroachments. 

§  2732.  Notice   to  remove  encroachments. 

§  2733.  Penalty   for   neglect. 

§  2734.  If    encroachment    denied,    action    for   nuisance. 

§  2735.  If  encroachment  not  denied,   how  removed. 

§  2736.  Penalty  for  leaving  open   gates   or  riding  off  the  road. 

§  2737.  Penalty    for    obstruction    or    injury. 

§  2738.  Penalty    for    injuring    mile-stone    or    guide-post. 

§  2739.  Removal    of    fallen    trees. 

§  2740.  Unauthorized    felling   of   trees. 

§  2741.  Notice    on    bridges    and    penalty    for    disregarding. 

§  2742.  Destroying   shade    or    ornamental    trees. 

§  2743.  Recovery   and   application   of   penalties   and   forfeitures. 

§  2744.  Service    of   notice    by    publication    on    non-residents. 

§  2731.  Removal  of  encroachments.  If  any  highway 
duly  laid  out  or  erected  is  encroached  upon  by  fences, 
buildings,  or  otherwise,  the  road  overseer  of  the  district 
may,  orally  or  in  writing,  require  the  encroachment  to 
be  removed  from  the  highway.  En.  March  12,  1872.  Am'd. 
1873-4,  127;  1880,  75.     Rep.  1883,  5.     En.  Stats.  1883,  17. 

Cal.  Rep.  Cit.  77,  16;  90,  385;  99,  445;  99,  446;  126,  580; 
136,  549. 

§  2732.  Notice  to  remove  encroachments.  Notice  muSt 
be  given  to  the  occupant  or  owner  of  the  land,  or  person 
causing  or  owning  the  encroachment,  or  left  at  his  place 
of  residence  if  he  be  known  to  the  person  giving  such 
notice  and  reside  in  the  county,  if,  not,  it  must  be  posted 
on  the  encroachment,  specifying  the  breadth  of  the  high- 
way, the  place  and  extent  of  the  encroachment,  and  re- 
quiring him  to  remove  the  same  within  ten  days.  En. 
March  12,  1872.  Am'd.  1873-4,  128;  1880,  75.  Rep.  1883,  5. 
En.  Stats.  1883,  17. 

Cal.  Rep.  Cit.     99,  445;  99,  447. 

§  2733.  Penalty  for  neglect.  If  the  encroachment  is 
not  removed,  or  commenced  to  be  removed  and  diligently 
prosecuted,  prior  to  the  expiration  of  the  ten  days  from  the 
service  or  posting  the  notice,  the  one  who  caused,  owns, 
or  controls  the  encroachment  forfeits  ten  dollars  for 
each  day  the  same  continues  unremoved.  If  the  encroach- 
ment is  such  as  to  effectually  obstruct  and  prevent  the 
use  of  the  road  for  vehicles,  the  overseer  must  forthwith 
remove  the  same.    En.  Stats.  1883,  18. 

Cal.  Rep.  Cit.     136,  550. 


§§  2734-2737  HIGHWAYS.  652 

§  2734.     If  encroachment    denied,    action    for    nuisance. 

If  the  encroachment  is  denied,  and  the  owner,  occupant, 
or  person  controlling  the  matter  or  thing  charged  with 
being  an  encroachment  refuses  either  to  remove  or  per- 
mit the  removal  thereof,  the  road  overseer  must  commence 
in  the  proper  court  an  action  to  abate  the  same  as  a 
nuisance;  and  if  he  recovers  judgment,  he  may,  in  addi- 
tion to  having  the  same  abated,  recover  ten  dollars  for 
every  day  such  nuisance  remained  after  notice,  and  also 
his  costs  in  said  action.    En.  Stats.  1883,  18. 

Cal.  Rep.  Cit.     71,  36;   71,  37;   77,  16;   77,  17;   77,  18;    99, 

445;. 99,  446;   99,  447;   126,  580;  136,  549. 
Action  to  abate  nuisance:  Code  Civ.  Proc,  sec.  731.   Nui- 
sance: Civ.  Code,  sees.  3479-3503;  Pen.  Ceode,  sees.  370-374. 

§  2735.  If  encroachment  not  denied,  how  removed.  If 
the  encroachment  is  not  denied,  but  is  not  removed  for 
five  days  after  the  notice  is  complete,  the  road  overseer 
may  remove  the  same  at  the  expense  of  the  owner,  occu- 
pant, or  person  controlling  the  same,  and  recover  his  costs 
and  expenses,  as  also  for  each  day  the  same  remained 
after  notice  was  complete,  the  sum  of  ten  dollars,  in  an 
action  for  that  purpose.     En.  Stats.  1883,  18. 

Cal.  Rep.  Cit.  136,  549. 

§  2736.  Penalty  for  leaving  open  gates  or  riding  off 
the  road.  No  gates  must  be  allowed  on  any  public  high- 
way except  such  as  are  allowed  by  the  board  of  super- 
visors, in  accordance  with  the  provisions  of  subdivision 
eleven,  section  two  thousand  six  hundred  and  forty-three, 
and  when  so  allowed  they  must  be  maintained  at  the  ex- 
pense of  the  owner  or  occupant  at  whose  request  or  for 
whose  benefit  they  were  erected.  If  such  expense  is  not 
paid,  the  gate  must  be  removed  as  an  obstruction.  Any 
one  who  leaves  open  such  gate,  or  willfully  and  unneces- 
sarily rides  over  ground  adjoining  the  road  on  which 
the  gate  is  erected,  forfeits  to  the  injured  party  treble  dam- 
ages.    En.  Stats.  1883.  18, 

§  2737.  Penalty  for  obstruction  or  injury.  Whoever  ob- 
structs or  injures  any  highway,  or  diverts  any  watercourse 
thereon,  or  drains  water  from  his  land  upon  any  highway, 
to  the  injury  thereof,  by  means  of  ditches  or  dams,  is  liable 
to  a  penalty  of  ten  dollars  for  each  day  such  obstruction 
or  injury  remains,  and  must  be  punished  as  provided  in 


663  HIGHWAYS.  9  2738 

section  five  hundred  and  eighty-eight  of  the  Penal  Code. 
Any  person,  persons,  or  corporation  who  shall  be  storing 
or  distributing  water  for  any  purpose,  and  shall  permit 
the  water  to  overflow  or  saturate,  by  seepage,  any  high- 
way, to  the  injury  thereof,  shall,  upon  notification  of  the 
road  commissioner  of  the  district  where  such  overflow  or 
seepage  occurs,  repair  the  damages  occasioned  by  such  over- 
flow or  seepage;  and  should  such  repair  not  be  made  within 
a  reasonable  time  by  such  person,  persons,  or  corporation, 
said  road  commissioners  shall  make  such  repairs,  and  re- 
cover the  expense  thereof  from  such  person,  persons,  or  cor- 
poration, in  an  action  at  law.  All  persons  excavating  irri- 
gation, mining,  or  draining  ditches  across  public  highways 
shall  be  required  to  bridge  said  ditches  at  such  crossings, 
and  upon  neglect  to  do  so,  the  road  commissioner  for  that 
road  district  shall  construct  the  same  and  recover  the  cost 
of  constructing  said  bridge  or  bridges  of  such  persons  by 
action,  as  provided  in  this  section;  provided,  that  the  super- 
visors of  any  county  may  construct  and  maintain  bridges 
over  any  and  all  ditches  used  exclusively  for  irrigation  pur- 
poses, and  which  cross  public  highways  in  the  county  over 
which  they  have  authority,  and  may,  with  the  consent  of 
the  owners  of  such  ditches,  declare  any  and  all  such  bridges 
to  be  public  property,  and  maintain  and  keep  the  same  in 
repair  at  the  expense  of  such  county.  And  whoever  will- 
fully injures  any  public  bridge  is  hereby  declared  to  be 
guilty  of  a  misdemeanor,  and  is  also  liable  for  actual  dam- 
ages for  such  injury,  to  be  recovered  by  the  county  in  a 
civil  action;  provided  further,  that  every  person  who  know- 
ingly allows  the  carcass  of  any  dead  animal  (which  animal 
belonged  to  him  at  the  time  of  its  death)  to  be  put  or  to 
remain  within  one  hundred  feet  of  any  street,  alley,  public 
highway,  or  road  in  common  use,  and  every  person  who 
puts  the  carcass  of  any  dead  animal  within  one  hundred  feet 
of  any  street,  alley,  highway,  or  road  in  common  use,  or 
who  shall  deposit  on  any  highway  any  refuse  or  waste  tin, 
sheet  iron  or  broken  glass,  is  guilty  of  a  misdemeanor.  En. 
Stats.  1883.  18.  Am'd.  1897,  217. 
Cal.  Rep.  Cit.  68,  360;  136,  550. 

§  2738.  Penalty  for  injuring  mile-stone  or  guide-post. 
Whoever  removes  or  injures  any  mile-board,  or  mile-stone, 
or  guide-post,  or  any  inscription  on  such,  erected  on  any 
highway,  is  liable  to  a  penalty  of  ten  dollars  for  every  such 
offense,  and  punishable  as  provided  in  section  five  hun- 
dred and  ninety  of  the  Penal  Code.     It  shall  be  the  duty 


§§  2739-2748  HIGHWAYS.  «54 

of  the  board  of  supervisors  to  cause  guide-posts,  wltli 
suitable  inscriptions  thereon,  to  be  erected  at  all  road 
crossings  and  forks  of  roads  outside  of  any  corporate 
limits.    En.   Stats.  1883,  19. 

§  2739.  Removal  of  fallen  trees.  Any  person  may  notify 
the  occupant  or  owner  of  any  land  from  which  a  tree 
or  other  obstruction  has  fallen  upon  any  highway  to  remove 
such  tree  or  obstruction  forthwith.  If  it  is  not  so  removed, 
the  owner  or  occupant  is  liable  to  a  penalty  of  one  dollar 
for  every  day  thereafter  till  it  is  removed,  and  the  cost 
of  removal.    En.   Stats.  1883,  19. 

§  2740.  Unauthorized  felling  of  trees.  Whoever  cuts 
down  a  tree  so  that  it  falls  into  any  highway  must  forth- 
with remove  the  same,  and  is  liable  to  a  penalty  of  ten 
dollars  for  every  day  the  same  remains  in  such  highway. 
En.   Stats.   1883.   19. 

Cal.  Rep.  Cit.     136,  550. 

§  2741.     Notice  on  bridges  and  penalty  for  disregarding. 

Road  overseers  must,  when  ordered  by  the  board  of  su- 
pervisors so  to  do,  put  upon  bridges  under  their  charge 
notices  that  there  is  "Five  dollars  fine  for  riding  or  driving 
on  this  bridge  faster  than  a  walk."  Whoever  thereafter 
rides  or  drives  faster  than  a  walk  on  such  bridge  is  liable 
to  pay  five  dollars  for  each  offense.    En.  Stats.  1883,  19. 

§  2742.  Destroying  shade  or  ornamental  trees.  Whoever 
digs  up,  cuts  down,  or  otherwise  maliciously  injures  or 
destroys  any  shade  or  ornamental  tree  on  any  highway, 
unless  the  same  is  deemed  an  obstruction  by  the  road 
overseer  ^.nd  removed  under  his  direction,  forfeits  one  hun- 
dred dollars  for  each  such  tree.     En.  Stats.  1883,  19. 

Injuries  to  highways,  etc.:  Pen.  Code,  sec.  588. 

§  2743.  Recovery  and  application  of  penalties  and  for- 
feitures. All  penalties  or  forfeitures  given  in  this  chap- 
ter, and  not  otherwise  provided  for,  must  be  recovered  by 
the  road  overseer  or  commissioner  of  the  respective  road 
districts  by  suit  In  the  name  of  the  county  in  which  said 
road  district  is  situated,  and  be  paid  into  the  road  fund 
of  his  district.  En.  March  12,  1872.  Am'd.  1873-4,  128; 
1880,  76.    Rep.  1883,  5.     En.  Stats.  1883.  19. 

Cal  Rep.  Cit.  .71,  37;   99,  213;   136,  549. 


655  HIGHWAYS.  S  !^^** 

§  2744.  Service  of  notice  by  publication  on  non-resi- 
dents. When  notice  is  required  to  be  served  upon  non- 
resident land  owners  under  any  of  the  provisions  of  this 
act,  such  notice  shall  be  deemed  to  have  been  served  by 
publication,  as  authorized  by  the  board  of  supervisors; 
and  for  all  purposes,  nonresident  land  owners  upon  whom 
personal  service  cannot  be  made  within  the  county  shall 
be  treated  as  nonconsenting  land  owners.  Bn.  March  12, 
1872.     Rep.  1883,  5.     Bn.  Stats.  1883.  19. 

Cal.    Rep.    Cit.    137,    518. 

The  act  reconstructing  this  chapter  contained  the  fol- 
lowing preliminary  and  closing  sections: 

Section  1.  Chapter  two  of  title  six  of  part  three  of 
an  act  of  the  legislature  of  the  state  of  California,  entitled 
"An  act  to  establish  a  Political  Code,"  approved  March 
12,  1872,  and  each  and  every  section  of  said  chapter  two, 
are  hereby  repealed,  and  a  new  chapter  two  of  title  six 
of  part  three  of  said  Political  Code  is  hereby  enacted  and 
substituted  in  place  of  said  repealed  chapter,  to  read  as 
follows: 

Sec.  2.  All  laws  concerning  roads  and  highways  in 
conflict  with  this  act,  and  all  laws  applicable  to  particular 
counties  of  this  state,  concerning  roads  and  uighways, 
are  hereby  repealed;  provided,  that  any  proceedings  com- 
menced before  this  act  takes  effect  for  the  alteration, 
establishment,  or  abandonment  of  any  road  or  highway, 
may  be  conducted  under  the  provisions  of  the  law  under 
which  said  proceedings  were  commenced;  provided  fur- 
ther, that  nothing  herein  contained  shall  be  deemed  to 
authorize  the  levy  or  collection  of  a  road  poll  tax,  or 
property  road  tax,  within  municipalities  existing  under  i.ne 
laws  of  this  state,  wherein  work  and  improvements  upon 
the  streets  is  done  by  virtue  of  any  law  relating  to  street 
work  and  improvements  within  such  municipality.  Nor 
shall  any  such  incorporated  city,  or  towns  be  by  the  su- 
pervisors of  the  county  included  or  embraced  in  any  road 
district  by  them  established  under  this  act. 


§§  2745,  2746  HIGHWAYS.  6t>« 

ARTICLE  IX. 

PERMANENT    ROAD    DIVISIONS. 

§  274.1.  Road    divisions,    formation   of. 

§  2746.  Petition    for   formation   of. 

§  2747.  Affidavit    accompanying   petition. 

§  274S.  Publication    of   petition    and   notice. 

§  2749.  Hearing   of  petition. 

§  2750.  Boundaries   of. 

§  2751.  Petition    for    improvement    of   roavls. 

§  2752.  Duty   of  board  on   receipt  of  petition. 

§  27.5.3.  Funds   may   be    set    apart. 

§  2754.  Duty   of   board   in   regard    to    special   tax. 

§  ^755.  Notices   of   election    for   special    tax. 

§  2756.  Elections  to   vote   upon   special   tax. 

g  2757.  Ballots. 

§  275S.  Officers    must    certify    results    of    election. 

§  2759.  Supervisors   to   compute  levy   and   collect   tax. 

§  2760.  Election    for   issuing   road   bonds. 

§  2761.  Posting   and    publishing   notices. 

§  2762.  Election   notice   must   contain   what. 

§  2763.  General    law    to    govern    elections. 

§  2764.  Certify >ng  results;   duties  of  supervisors. 

j  2765.  Form   of   bonds. 

§  2766.  Interest.    What   bonds   must   contain. 

§  2767.  Reversion    of    funds. 

§  2768.  Work    to    be    done    by    contract. 

§  2769.  Inspectors,    appointment   and   duties   of. 

§  2770.  Payments   on   account. 

§  2771.  Moneys    remaining    in    fund. 

§  2772.  Expenses   of   organization. 

§  2745.  Road  divisions,  formation  of.  Any  portion  of  a 
county  not  contained  in  a  permanent  road  division  may 
be  formed  into  a  permanent  road  division  under  the  pro- 
vision of  this  act,  and  when  so  formed  shall  have  the 
powers  herein  enumerated  and  such  as  may  hereafter  be 
conferred  thereon  by  law.  En.  March  12,  1872.  Rep.  1883, 
5.     En.  Stats.  1901,  277. 

§  2746.  Petition  for  formation  of.  A  petition  for  the 
formation  of  a  permanent  road  division  (naming  it)  may 
be  presented  to  the  board  of  supervisors  of  the  county 
wherein  the  division  is  proposed  to  be  formed.  It  shall 
be  signed  by  at  least  a  majority  of  the  landowners  resid- 
ing within  the  proposed  division,  and  shall  contain: 

1.  The  boundaries  of  the  proposed  division; 

2.  The  number  of  acres  therein  contained  and  the  as- 
sessed valuation  of  the  same  accordingly  to  the  last  com- 
pleted assessment  roll  of  the  county; 

3.  The  value  of  the  improvements  on  real  estate  and  of 
the  personal  property  within  the  proposed  division  accord- 
ing to  the  last  completed  assessment  roll; 


657  HIGHWAYS.  55  2747-2749 

4.  The  number  of  inhabitants  therein  as  near  as  can  be 
ascertained; 

5.  A  particular  description  as  to  location  of  the  road  or 
roads  which  it  is  desired  to  construct  or  Improve  and  the 
necessity  for  such  work; 

6.  By  the  last  completed  assessment  roll  is  meant  the 
last  roll  as  made  up  by  the  assessor,  with  the  changes 
ordered  by  the  supervisors  sitting  as  a  board  of  equaliza- 
tion. En.  March  12,  1872.  Am'd.  1873-4,  128;  1880,  76. 
Rep.  1883,  5.     En.  Stats.  1901,  277. 

Cal.  Rep.  Cit.     51,  416;   71,  37;  136,  549. 

§  2747.  Affidavit  accompanying  petition.  Such  petition 
shall  be  accompanied  by  an  affidavit  stating  that  affiant 
has  compared  the  valuations  therein  given  with  those  on 
the  last  completed  assessment  roll  and  that  the  same  are 
complete  and  correct.  En.  March  12,  1872.  Am'd.  1873-4, 
128;  1880,  76.     Rep.  1883,  5.     En.  Stats.  1901,  277. 

§  2748.  Publication  of  petition  and  notice.  Such  peti- 
tion shall  be  presented  at  a  regular  meeting  of  the  board 
of  supervisors,  and  shall  be  published  for  at  least  three 
insertions  in  some  weekly  paper,  or  for  the  period  of  fif- 
teen days  in  a  daily  paper  published  in  said  county,  before 
the  time  at  which  the  same  is  to  be  presented,  together 
with  a  notice  stating  the  time  of  the  meeting  at  which 
the  same  will  be  presented,  and  naming  a  day  when  the 
board  will  be  asked  to  consider  the  same,  such  day  not 
being  later  than  the  fifth  day  of  the  monthly  session  when 
said  petition  is  to  be  presented.  En.  March  12,  1872.  Rep. 
1883,  5.     En.  Stats.  1901,  278. 

§  2749.  Hearing  of  petition.  Upon  the  day  namea  for 
the  hearing  of  said  petition  the  board  shall  hear  the  same, 
and  may  adjourn  such  hearing  from  time  to  time,  not  more 
than  two  months  in  all.  On  the  final  hearing  they  shall 
make  such  changes  in  the  proposed  boundaries  as  they 
may  find  to  be  proper,  and  shall  define  and  establish  such 
boundaries.  Any  changes  made  by  the  board  shall  not 
include  any  territory  outside  of  the  boundaries  described 
in  the  petition,  until  the  board  has  given  at  least  twenty 
•days'  notice  of  its  intention  to  include  such  territory  in 
said  district.  Such  notice  shall  be  given  by  publication 
for  at  least  two  insertions  in  a  weekly  or  for  a  period  of 
ten    days    in    a    daily    published    in    the    county,    and   by 

Pol.  Code— 42 


§§  2750,  2751  HIGHWAYS.  858 

leaving  a  copy  of  said  notice  at  each  place  of  abode  on 
said  territory.  En.  March  12,  1872.  Rep.  1883,  5.  En. 
Stats.  1901,  278. 

§  2750.  Boundaries  of.  The  boundaries  established  by 
the  board  shall  be  the  boundaries  of  such  permanent  road 
divisions  until  the  same  shall  be  changed  in  the  manner 
provided  by  law;  but  if  it  shall  appear  to  the  board  that 
the  boundaries  of  any  such  division  have  been  incorrectly 
described,  it  shall  direct  the  county  surveyor  to  ascertain 
and  report  a  correct  description  of  the  boundaries  In  con- 
formity with  the  orders  of  the  board.  At  the  first  regular 
meeting  of  the  board  after  the  filing  of  the  county  sur- 
veyor's report,  they  shall  cause  notice  to  be  published  in 
some  newspaper  published  in  the  county  that  the  report 
will  be  considered  at  the  next  regular  meeting  of  the  board, 
naming  the  day,  and  at  such  meeting  the  board  shall  ratify 
the  report  of  the  surveyor,  with  such  modifications  as 
they  deem  necessary.  And  the  boundaries  so  established 
shall  be  the  legal  boundaries  of  such  permanent  road  divi- 
sion. En.  March  12,  1872.  Rep.  1883,  5.  En.  Stats.  1901, 
278. 

§  2751.  Petition  for  improvement  of  roads.  At  the  time 
of  forming  a  permanent  road  division,  or  at  any  time 
thereafter,  any  ten  or  more  resident  freeholders  thereof, 
may  petition  the  board  of  supervisors  to  have  plans  pre- 
pared for  the  construction  or  improvement  of  the  road  or 
roads  or  any  part  thereof  mentioned  in  the  petition  for  the 
formation  of  said  division,  or  of  the  whole  or  any  part 
of  any  other  road  in  the  division.  Such  petition  shall 
state: 

1.  The  recommendations  of  the  petitioners  as  to  the 
materials  to  be  used  and  the  manner  of  constructing  or 
repairing  said  road  or  roads; 

2.  An  estimate  of  the  probable  cost  of  such  work; 

3.  A  request  that  the  board  appropriate  for  said  work 
a  sum  of  money,  naming  it,  from  the  general  road  fund 
of  the  county; 

4.  A  request  that  the  board  appropriate  for  said  work 
a  sum  of  money,  naming  it,  from  the  road  district  funds 
in  the  road  districts  of  which  said  permanent  road  division 
forms  a  part; 

5.  A  request  that  a  special  tax  be  levied  or  that  the 
bonds  of  the  division  be  issued  to  raise  the  balance  neces- 


659  HIGHWAYS.  S§  2752-2755 

sary  for  said  work.    En.  March  12,  1872.     Rep.  1883,  5.    En. 
Stats.  1901,  278. 

§  2752.  Duty  of  board  on  receipt  of  petition.  Upon  re- 
ceiving such  petition  the  board  shall  proceed  to  prepare, 
or  cause  to  be  prepared,  plans  and  specifications  for  and 
an  estimate  of  the  cost  of  the  work  mentioned  in  said  pe- 
tition, and  for  any  other  road,  bridge,  culvert  or  work 
considered  a  necessarj''  part  of  the  permanent  road  peti- 
tioned for.  En.  March  12,  1872.  Rep.  1883,  5.  En.  Stats. 
1901,  279. 

§  2753.  Funds  may  be  set  apart.  When  the  board  has 
adopted  plans  and  specifications  for  said  work  they  may 
set  apart  therefor  such  a  sum  from  the  general  road  fund 
of  the  county  as  they  shall  consider  equitable;  also,  such 
sum  from  the  funds  of  the  district  or  districts  of  which 
said  division  is  a  part,  as  they  consider  equitable,  but 
not  less  than  seventy-five  per  cent  of  the  sum  which 
bears  the  same  ratio  to  the  whole  fund  of  the  district  or 
districts  which  the  assessed  valuation  of  the  division  bears 
to  the  whole  valuation  of  the  district  or  districts  of  which 
it  forms  a  part.  The  board  may  in  its  discretion  give 
more  than  this  percentage.  These  sums  shall  be  set  apart 
in  a  fund,   to  be  known  as  the  permanent  road  fund  of 

division    (using   the   name  of  the   division).     En. 

March  12,  1872.     Rep.  1883,  5.     En.  Stats.  1901,  279. 

§  2754.  Duty  of  board  in  regard  to  special  tax.  If  a 
special  tax  has  been  petitioned  for,  the  board  of  super- 
visors shall  immediately  order  an  election  within  said 
division  to  determine  whether  the  same  shall  be  levied. 
And  the  supervisors  may,  in  their  discretion,  submit  to 
the  electors  of  said  division  the  question  whether  the  bal- 
ance of  the  estimated  cost  of  said  improvement  shall  be 
raised  by  special  tax  in  one,  two  or  three  successive  years, 
raising  an  equal  amount  each  year.  Such  election  must 
be  called  by  posting  notices  not  more  than  one  mile  apart 
and  not  less  than  three  in  all,  along  the  road  or  roads 
proposed  to  be  constructed  or  improved,  at  least  twenty 
days  before  the  election,  and  also  by  publishing  the  same 
notice  in  a  daily  or  weekly  paper  published  in  the  county 
at  least  once  a  week  for  three  insertions.  En.  March  12, 
1872.  Am'd.  1873-4,  129;  1880,  76.  Rep.  1883,  5.  En.  Stats. 
1901,  279. 

§  2755.  Notices  of  election  for  special  tax.  Such  notices 
must  specify  the  time  and  place  or  places  of  holding  the 


§§  2756-2759  HIGHWAYS.  660 

election,  the  amount  of  money  proposed  to  be  raised  and 
the  purpose  for  which  it  is  to  be  used,  including  a  brief 
descripton  of  the  proposed  work  and  materials  to  be 
used,  and  whether  it  is  proposed  to  raise  the  amount  in 
one,  two  o"  three  successive  years.  If  in  more  than  one 
year,  the  amount  proposed  to  be  raised  each  year.  En. 
March  12,  1872.  Am'd.  1873-4,  129;  1880,  76.  Rep.  1883,  5. 
En.  Stats.  1901,  279. 

§  2756.  Elections  to  vote  upon  special  tax.  For  the  pur- 
poses of  this  elecion,  the  supervisors  shall  establish,  by 
order,  one  or  more  precincts  and  appoint  three  judges  for 
each  to  conduct  the  same,  and  it  must  be  held  in  all  re- 
spects as  nearly  as  practicable  in  conformity  with  the  gen- 
eral election  law;  but  no  particular  form  of  ballot  need 
be  used,  nor  shall  any  informality  in  conducting  such 
election  invalidate  the  same  if  the  election  shall  have  been 
otherwise  fairly  conducted.  En.  March  12,  1872.  Am'd. 
1880,  76.     Rep.  1883,  5.     En.  Stats.  1901,  279. 

Cal.  Rep.  Cit.     95,  469;   99,  213;   136,  549. 

§  2757.  Ballots.  At  such  elections  the  ballots  shall  con- 
tain the  words  "Tax — yes"  or  "Tax — No."  En.  March  12, 
1872.     Rep.  1880,  76.     En.  Stats.  1901,  280. 

Cal.  Rep.  Cit.     102,  33. 

§  2758.  Officers  must  certify  results  of  election.  The 
officers  of  the  election  must  certify  the  result  of  the  elec- 
tion to  the  board  of  supervisors,  giving  the  whole  number 
of  votes  cast,  the  number  for  and  the  number  against  the 
tax.  If  the  majority  shall  be  against  the  tax,  the  money 
theretofore  transferred  to  the  fund  of  such  division  shall 
revert  to  the  funds  from  which  it  was  taken.  En.  Stats. 
1901,  280. 

§  2759.  Supervisors  to  compute  levy  and  collect  tax.  If 
the  majority  of  the  votes  cast  are  for  the  tax,  the  super- 
visors must  at  the  time  of  levying  the  county  taxes  levy 
a  tax  upon  all  the  taxable  property  in  the  division  suffi- 
cient to  raise  the  amount  voted  for  the  current  fiscal 
your.  The  rate  of  taxation  shall  be  ascertained  by  de- 
ducting fifteen  per  cent  for  anticipated  delinquencies  from 
the  aggregate  assessed  value  af  the  property  in  the  divl- 


661  HIGHWAYS.  §8  2760-2762 

sion  as  it  appears  on  the  assessment  roll  of  the  county  and 
then  dividing  the  sum  voted  by  the  remainer  of  such  ag- 
gregate assessment  value.  The  tax  so  levied  shall  be 
computed  and  collected  in  the  same  manner  as  state  and 
county  taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  the  division  in  which  the 
tax  is  voted.    En.  Stats    1901,  280. 

§  2760.  Election  for  issuing  road  bonds.  If  the  petition 
mentioned  in  section  seven  of  this  act  ask  for  the  issuance 
of  bonds,  the  supervisors  shall  call  in  election  and  sub- 
mit to  the  electors  of  the  division  whether  the  bonds  shall 
be  issued  and  sold  for  the  purpose  of  paying  for  the 
proposed  work  or  any  part  thereof.     En.  Stats.  1901,  280. 

§  2761.  Posting  and  publistiing  notices.  Such  election 
shall  be  called  by  posting  notices  not  more  than  a  mile 
apart  along  the  line  of  proposed  work,  and  not  less  than 
three  notices  in  all,  for  not  less  than  twenty  days  before 
the  election;  and  by  publishing  the  same  in  a  daily  news- 
paper published  in  the  county  for  a  period  of  fifteen  days, 
or  in  a  weekly  paper  for  three  successive  insertions  before 
said  election.  At  the  time  of  calling  the  election,  the 
supervisors  shall  indicate  the  polling-place  or  places  and 
define  the  boundaries  of  the  election  districts,  but  no  regu- 
lar election  precinct  shall  be  part  in  one  and  part  in  an- 
other election  district.     En.  Stats.  1901,  280. 

§  2762.  Election  notice  must  contain  what.  Such  no- 
tice must  contain: 

1.  The  time  and  place  or  places  of  holding  such  elec- 
tion; 

2.  The  name  of  three  judges  for  each  election  district 
to  conduct  the  same; 

3.  The  hours  during  the  day  in  which  the  polls  will  be 
open,  not  less  than  eight; 

4.  The  amount  and  denomination  of  the  bonds;  the  rate 
of  interest,  not  exceeding  seven  per  cent;  and  the  num- 
ber of  years,  not  exceeding  twenty,  any  part  of  said  bonds 
shall  run; 

5.  The  purpose  for  which  it  is  to  be  used,  including  a 
brief  description  of  the  proposed  work  and  the  materials 
to  be  used; 

6.  The  signature  of  the  chairman  of  the  board,  attested 
by  the  county  clerk.    En.  Stats.  1901,  280. 


§§  2763-2766  HIGHWAYS.  «M 

§  2763.  General  law  to  govern  elections.  Such  election 
shall  be  conducted  as  near  as  practicable  in  accordance 
with  the  general  election  law,  but  no  particular  form  of 
ballot  need  be  used.  No  informality  in  conducting  such 
election  shall  invalidate  the  same  if  the  election  shall 
have  been  otherwise  fairly  conducted.  At  such  election 
the  ballots  shall  contain  the  words  "Bond — Yes"  or 
"Bond— No."     En.    Stats.    1901,    280. 


§  2764.     Certifying  results;   duties    of    supervisors.     The 

officers  of  the  election  must  certify  the  result  of  the  elec- 
tion to  the  board  of  supervisors,  giving  the  whole  number 
of  votes  cast  and  the  number  for  and  the  number  against 
the  bonds.  If  two  thirds  of  those  voting  thereon  are  in 
favor  of  issuing  such  bonds,  then  the  board  of  supervisors 
shall  cause  an  entry  of  that  fact  to  be  made  upon  the 
minutes,  and  thereupon  they  shall  be  authorized  and  em- 
powered to  issue  the  bonds  of  said  division  to  the  number 
and  amount  provided  for  in  such  proceedings,  payable 
out  of  the  funds  of  such  division,  and  that  the  money  shall 
be  raised  by  taxation  upon  the  property  in  said  district 
for  the  redemption  of  said  bonds  and  the  payment  of  in- 
terest thereon,  but  the  total  amount  of  bonds  so  issued 
shall  not  exceed  fifteen  per  cent  of  the  taxable  property  of 
the  division  as  shown  by  the  last  equalized  assessment 
roll  of  the  county.    En.  Stats.  1901,  281. 

§  2765.  Form  of  bonds.  The  supervisors,  by  an  order 
entered  upon  the  minutes,  shall  prescribe  the  form  of  said 
bonds  and  of  the  interest  coupons  attached  thereto,  and 
shall  fix  the  time  when  the  several  bonds  shall  become 
due,  not  exceeding  twenty  years  from  the  date  thereof. 
En.  Stats.  1901,  281. 

§  2766.  Interest.  What  bonds  must  contain.  Such 
bonds  shall  bear  no  greater  rate  of  interest  than  seven 
per  cent  per  annum,  and  the  interest  shall  be  payable  an- 
nually. The  bonds  and  each  coupon  shall  bear  the  auto- 
graph or  fac-simile  printed  signature  of  the  chairman  of 
the  board  and  of  the  county  clerk.  Said  bonds  shall  be 
sold  by  the  county  treasurer,  after  reasonable  notice,  to 
the  highest  and  best  bidder,  but  not  for  less  than  par  and 
accrued  interest,  if  any.     En.  Stats.  1901,  281. 


«63  HIGHWAYS.  §§  2767-2770 

§  2767.  Reversion  of  funds.  If  at  the  election  mentioned 
in  section  sixteen  of  this  act,  an  issue  of  bonds  is  not  au- 
thorized, the  money  transferred  to  the  fund  of  the  divi- 
sion shall  revert  to  the  funds  from  which  it  was  taken. 
En.   Stats.   1901,  281. 

§  2768.  Work  to  be  done  by  contract.  The  road  work 
provided  for  in  this  act  shall  be  done  by  contract  let  to 
the  lowest  responsible  bidder  in  accordance  with  the  pro- 
visions of  section  twenty-six  hundred  and  forty-three  of 
the  Political  Code  of  California.  The  successful  bidder 
shall  give  a  bond  in  such  sum  as  the  supervisors  shall 
provide,  conditioned  for  the  faithful  performance  of  the 
contract,  and  for  the  payment  of  all  labor  employed  and 
material  used  in  said  work,  and  such  bondsmen  shall  be 
jointly  ard  severally  liable  for  the  payment  of  all  such 
labor  employed  and  such  material  used.  En.  Stats.  1901, 
281. 

§  2769.  Inspeptors,  appointment  and  duties  of.  Before 
opening  the  bids  for  doing  the  work  herein  provided  for, 
the  supervisors  shall  appoint  two  inspectors,  residents 
of  the  division,  both  of  whom  shall  not  belong  to  the  same 
political  party,  and  fix  their  compensation,  not  exceeding 
thirty  cents  an  hour  for  the  time  actually  spent  in  the 
performance  of  their  duties,  which  compensation  shall 
be  paid  out  of  the  funds  of  "the  division.  It  shall  be  the 
duty  of  the  inspectors  to  inspect  from  time  to  time  the 
work  being  done  under  the  contract.  They  shall  file  with 
the  board  of  supervisors  at  least  once  a  month  written 
reports  on  the  manner  in  which  the  contractor  is  perform- 
ing the  work,  setting  forth  in  detail  any  objections  they  or 
either  of  them  may  have  to  the  manner  in  which  the  work 
is  being  done,  with  recommendations  as  to  changes  de- 
sirable and  provided  for  in  the  plans  and  specifications. 
They  shall  also  estimate  the  amount  of  work  of  an  un- 
satisfactory nature  done  since  their  last  report  and  the 
supervisors  shall  make  no  payment  on  account  of  such 
alleged  unsatisfactory  work  until  the  objections  have  been 
inquired  into  or  until  the  contractor  shall  have  performed 
the  work  in  strict  compliance  with  the  plans  and  specifi- 
cations.    En.  Stats.  1901,  281. 

§  2770.  Payments  on  account.  The  supervisors  may, 
from  time  to  time  as  the  work  progresses,  make  payments 
on  account,  but  shall  not,  before  the  completion  of  the 
contract,  pay  more  than  seventy-five  per  cent  of  the  con- 


§§  2771,  2772  TOLL    ROADS.  664 

tract  price  of  the  amount  completed,  and  final  payment 
shall  not  be  made  until  the  work  has  been  accepted  by 
the  board.     En.  Stats.  1901,  281. 

§  2771.  Moneys  remaining  in  fund.  Any  money  remain- 
ing to  the  credit  of  the  division  on  the  completion  of  the 
work  contracted  for  shall  remain  in  the  fund  of  the  divi- 
sion and  be  expended  in  the  maintenance  of  the  road  thus 
improved.  Upon  the  payment  of  the  debts  of  the  division 
or  upon  the  failure  of  the  electors  to  vote  a  special  tax 
or  bonds  in  said  division,  for  any  part  of  the  proposed 
work,  the  division  shall  cease  to  exist  as  a  division.  En. 
Stats.  1901,  282. 

§  2772.  Expenses  of  organization.  The  expenses  of  or- 
ganizing a  permanent  road  division  and  of  conducting  any 
election  under  the  provisions  of  this  act  shall  be  a  county 
charge,  payable  out  of  the  general  county  fund.  En.  Stats. 
1901,  282. 

CHAPTER  III. 

TOLL,   ROADS. 

Article    I.     CrnMiuction    of   Toll     Roads,    §§    2779-2801. 

II.     Use    of   Toll    Roads,    and   Obstructions   Thereon,    §§    2814-2817. 
III.     Inspection    and    Repairs,    §§    2827-2832. 

ARTICLE  I. 

CONSTRUCTION   OF  TOLL.   ROADS. 

§  2779.  Notice   of   an'd   application   to   construct    the   road. 

S  27S0.  fcp'^cial    meeting    of    supervisors. 

§  2781.  Hearing    the    application. 

§  2782.  Action   of  supervisors. 

§  27S.i.  Commissioners,    how    appointed    for    other    counties. 

§  2784.  Laying  out  the  road. 

§  2785.  Compensation    of   commissioners,    map   and   report. 

§  2786.  Branches    anvl    extensions. 

§  2787.  Acquiring    lands    by    grant. 

§  i7S8.  Appropiiatlon    of   damages   for    highways    taken. 

§  2789.  Application,     when    unnecessary. 

§  271)0.  Orchards    and   gardens. 

§  2791.  Bridging   streams. 

§  2792.  One   road   corporation   using   the   roadbed   of  another. 

§  2793.  How   to   be    constructed. 

I  2794.  May   relay    with    what. 

§  2705.  Mile-stones   and   posts. 

§  2796.  Guide-posts. 

§  2797.  Inspection,    certlflcate,    and    completion. 

8  279S.  Erection   of  gates,   etc. 

§  2799.  Abandonment   of   road,   and   what  becomes   of   It. 

§  2.S00.  County    may    purchase    road,    how. 

§  2801.  Aripralsement   and   award,    how   maxle. 


665  TOLL    ROADS.  §§  2779-2782 

§  2779.  Notice  of  and  application  to  construct  the  road. 
If  all  lands  necessary  for  the  roadbed  and  other  purposes 
are  not  otherwise  acquired  as  hereinafter  provided,  the 
company  proposing  to  construct  a  toll  road  through  any 
part  of  a  county  must  publish  a  notice  in  some  newspaper 
published  therein,  and  if  none,  then  the  newspaper  nearest 
thereto,  once  in  each  week  for  six  successive  weeks, 
specifying  the  character  of  the  road,  the  termini,  and  each 
town,  city,  or  village  through  which  it  is  proposed  to 
construct  it,  and  the  time  when  the  application  hereinafter 
required  will  be  made.  After  such  notice  is  complete,  on 
the  day  specified  therein,  application  must  be  made  to  the 
board  of  supervisors  of  the  county  for  authority  to  take 
the  necessary  land  and  to  construct  the  road  described  in 
the  notice.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     88,  633;   95,  85. 

Wagon  road  corporations,  taking  tolls:  Civ.  Code,  sees. 
514  et  seq. 

§  2780.  Special  meeting  of  supervisors.  On  application 
therefor  the  president  of  the  board  of  supervisors  may 
call  a  special  meeting  to  hear  the  application,  ten  days 
notice  thereof  being  served  on  each  of  the  other  supervi- 
sors, either  personally  or  by  leaving  it  at  his  place  of 
residence  if  absent;  the  expense  of  such  special  meeting 
and  serving  notices  must  be  paid  by  the  applicant.  En. 
March  12,  1872. 

§  2781.  Hearing  the  application.  On  the  hearing  all 
residents  of  the  county  and  others  interested  may  appear 
and  be  heard.  The  board  may  take  testimony,  or  authorize 
it  to  be  taken  by  any  officer  of  the  county,  and  adjourn  the 
hearing  from  time  to  time.    En.  March  12,  1872. 

§  2782.  Action  of  supervisors.  If  it  appears  to  the  board 
of  supervisors  that  the  public  interests  will  be  promoted 
thereby,  a  majority  of  all  the  members  thereof  may  grant 
the  application,  and  by  order  authorize  the  company  to 
take  the  real  property  necessary,  and  appoint  two  com- 
missioners to  lay  out  the  road,  who  are  disinterested  either 
in  the  company  or  in  any  land  sought  to  be  taken  or 
adjoining  thereto.  A  copy  of  this  order  must  be  recorded 
in  the  county  clerk's  office  before  action  under  it  is  had. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     123,  181. 


§§  2783-2787  TOLL.  ROADS.  6W 

§  2783.  Commissioners,  how  appointed  for  other  coun- 
ties. If  the  route  extends  into  more  than  one  county,  the 
application  must  specify  their  names,  and  the  board  of 
supervisors  of  each  of  such  counties  must  appoint  com- 
missioners to  act  in  their  respective  counties  with  the 
commissioner  and  surveyor  of  the  company.  The  com- 
pany must  appoint  one  commissioner  of  like  qualification 
as  those  appointed  by  the  board  of  supervisors,  and  fur- 
nish a  surveyor  to  accompany  and  act  with  them.  En. 
March  12,  1872. 

§  2784.  Laying  out  the  road.  The  commissioners  must 
take  the  oath  of  office,  and  view  and  lay  out  the  road  as 
in  their  judgment  will  best  promote  the  public  interest. 
They  must  hear  all  persons  interested,  and  may  take 
testimony;  they  may  determine  the  breadth  of  the  way,  not 
exceeding  one  hundred  feet,  except  where  the  company 
acquire  a  greater  breadth  by  grant.  They  must  make, 
sign,  and  certify  an  accurate  survey  and  description  of  the 
route,  and  of  the  land  necessary  for  the  road,  buildings, 
and  gates  in  each  county,  and  record  the  same  in  the  office 
of  the  county  clerk  thereof.  When  the  breadth  of  the  road 
is  not  fixed  by  the  commissioners  it  may  be  fixed  by  the 
commissioner  of  highways  or  the  board  of  supervisors  of 
the  county.     En.  March  12,  1872. 

§  2785.     Compensation  of  commissioners,  map  and  report. 

The  company  must  pay  to  each  commissioner  his  expenses 
and  four  dollars  a  day  for  his  services;  cause  their  sur- 
veyor to  make  the  map  of  the  proposed  road,  which,  when 
approved  and  certified  by  the  commissioners,  must  be  filed 
with  the  report  in  the  office  of  the  clerk  of  the  board  of 
supervisors  and  recorded.    En.  March  12,  1872. 

§  2786.  Branches  and  extensions.  The  directors  of  any 
such  company  may,  with  the  written  consent  of  the  hold- 
ers of  two-thirds  of  the  stock,  proceed  in  the  manner 
prescribed  by  the  preceding  seven  sections  to  construct 
l3ranches  tc  their  road,  or  to  extend  it  or  alter  any  part 
of  its  route  or  branches.    En.  March  12,  1872. 

§  2787.  Acquiring  lands  by  grant.  Lands  necessary  for 
the  purposes  of  the  road  of  appurtenances  may  be  ac- 
quired by  purchase  or  condemnation.  Lands  within  any 
highway  may  be  granted  by  the  board  of  supervisors  or 


867  TOLL   ROADS.  §§  2788-2792 

town  or  city  authorities  on  such  terms  and  for  such  sums 
as  may  be  agreed  upon.    En.  March  12,  1872. 

§  2788.     Appropriation   of  damages  for  highways  tak^n. 

When  the  road  company  desires  the  exclusive  use  of  lands 
forming  part  of  a  highway,  and  such  use  is  granted  by  the 
supervisors,  the  damages  received  therefor  are  to  be  paid 
to  the  road  fund  of  the  road  district  in  which  the  same 
is  situated.     En.  March  12,  1872. 

Road  company  collecting  tolls:  Civ.  Code,  sees.  514  et 
seq, 

§  2789.  Application,  when  unrfecessary.  When  the  com- 
pany has  obtained  all  the  lands  necessary  in  any  county, 
by  purchase  or  agreement,  the  road  may  be  constructed 
without  making  the  application  to  the  board  of  supervisors 
hereinbefore  provided  for;  but  before  proceeding  to  do  so, 
an  accurate  survey  of  such  part  of  the  road  must  be  made 
by  a  practical  surveyor,  signed  and  sworn  to  by  the  presi- 
dent and  secretary,  and  recorded  in  the  county  clerk's  of- 
fice; and  if  the  road  extends  into  another  county,  author- 
ity to  construct  the  road  there  must  be  first  obtained.  EH. 
March  12,  1872. 

Cal.  Rep.   Cit.     95,   85. 

§  2790.  Orchards  and  gardens.  No  such  road  must  be 
laid  out  through  any  orchard  of  four  years'  growth,  to  the 
injury  of  the  fruit  trees,  or  any  garden  of  four  years' 
cultivation,  or  any  dwelling-house  or  building  connected 
with  a  dwelling-house,  or  any  yard  or  inclosure  necessary 
thereto,  without  the  consent  of  the  owner.  En.  March  12, 
1872. 

§  2791.  Bridging  streams.  The  road  company  may 
bridge  any  stream  or  river  on  the  route  of  their  road,  when 
not  within  the  limits  prescribed  by  law  for  the  erection  and 
maintenance  of  any  other  bridge;  and  in  bridging  streams 
used  for  rafting  lumber  the  bridge  must  be  so  constructed 
as  not  to  prevent  or  endanger  the  passage  of  any  raft 
forty  feet  in  width.     En.  March  12,  1872. 

§  2792.  One  road  corporation  using  the  roadbed  of  an- 
other. No  plank-road  company  must  construct  its  road 
on  the  road  of  another  company,  except  in  case  of  cross- 
ings, without  consent  of  the  latter.    En.  March  12,  1872. 


§§  2793-2797  TOLL   ROADS.  668 

§  2793.  How  to  be  constructed.  Every  such  road  must 
be  laid  out  at  least  fifty  feet  wide.  The  track  of  plank 
roads  must  be  constructed,  eighteen  feet  wide,  of  timber, 
plank  or  other  hard  material.  The  track  of  turnpikes  must 
be  bedded  with  stone,  gravel,  or  such  other  hard  material 
found  on  the  line  thereof,  to  the  width  of  eighteen  feet, 
and  faced  with  broken  stone  or  gravel.  The  common  wag- 
on road  must  be  graded  at  least  twelve  feet  in  width,  and 
so  constructed  with  necessary  turnouts  as  to  permit  ve- 
hicles to  pass  each  other  conveniently.  All  the  roads  must 
be  ditched  on  the  sides  when  practicable,  and  have  proper 
and  necessary  sewerage,  and  be  so  constructed  that  ve- 
hicles may  pass  on  and  off  the  track  at  all  intersections 
of  roads.    En.  March  12,  1872. 

§  2794.  May  relay  with  what.  Every  company  that  has 
once  laid  their  road  with  plank  may  relay  it  or  any  part 
of  it  with  broken  stone,  gravel,  shells,  or  other  hard  ma- 
terial whereby  they  keep  a  good,  substantial  road.  En. 
March  12,  1872. 

§  2795.  Mile-stone  and  posts.  A  mile-stone  or  post  must 
be  maintained  at  every  mile,  with  an  inscription  showing 
the  distance  from  the  commencement  of  the  road.  If  the 
road  commences  at  the  end  of  any  other  road,  or  inter- 
sects therewith,  having  mile-stones  or  posts  on  which  the 
distance  from  any  city  or  town  is  marked,  a  continuation 
of  that  distance  must  also  be  inscribed.  En.  March  12, 
1872. 

Injuries  to  mile-stones,  etc.:  Pen.  Code,  sec.  590. 

§  2796.  Guide-posts.  A  guide-post  must  be  erected  at 
every  place  where  the  road  is  intersected  by  a  public 
road,  with  an  inscription  showing  the  name  of  the  place 
to  which  such  intersecting  road  leads,  in  the  direction  to 
which  the  name  on  the  guide-post  points.  En.  March  12, 
1872. 

Injuries  to  guide-posts,  etc.:   Pen.  Code,  sec.  590. 

§  2797.  Inspection,  certificate,  and  completion.  When 
the  road,  or  three  consecutive  miles  thereof,  is  completed, 
tne  commissioner  of  highways  or  such  road  overseer  or 
other  person  thereto  specially  appointed  by  the  board  of 
supervisors  of  the  county,  must  inspect  the  road  when  re- 
quested, and  if  satisfied   that  the  road   conforms  to  the 


669  "  TOLL.   ROADS.  §§  2798-2800 

requirements  of  the  law,  must  certify  to  the  facts  and 
file  the  certificate  in  the  oflice  of  the  county  clerk;  for 
such  service  four  dollars  per  day  must  be  by  the  company 
paid  to  the  inspector  or  commissioner.  When  only  three 
miles  of  any  plank  road  are  completed,  if  it  is  not  the  en- 
tire road,  tolls  must  not  be  collected  thereon  for  more 
than  one  year,  unless  the  road  or  five  consecutive  miles  are 
completed  within  the  year.    En.  March  12,  187^. 

§  2798.  Erection  of  gates,  etc.  When  the  certificate  of 
completion  is  filed,  toll-gates  may  be  erected  and  tolls 
collected.  No  toll-gate,  toll-house,  or  other  building  must 
be  put  up  within  ten  rods  of  the  front  of  any  dwelling- 
house,  barn,  or  outhouse,  without  written  consent  of  the 
ov/ner  thereof.    En.  March  12,  1872. 

§  2799.  Abandonment  of  road,  and  what  becomes  of  it. 
Whenever  the  holders  of  two-thirds  of  the  stock  consent, 
the  directors  of  any  company  iiay  abandon  the  whole  or 
any  part  of  their  road  at  either  or  both  ends,  by  written 
surrender  thereof,  attested  by  their  seal,  and  i  cknowledged 
by  the  president  and  secretary  as  a  deed  or  grant  is  ac- 
knowledged, and  recorded  in  the  clerk's  office  of  each 
county  where  the  surrendered  road  lies;  thereafter  the 
surrendered  road  belongs  to  the  road  districts  in  which  it 
lies,  but  the  company  may  continue  to  take  toll  on  any 
three  consecutive  miles  in  length  not  so  surrendered.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     99,  213;   122,  338. 

Road  so  abandoned  becomes  a  highway:  Ante,  sec. 
2619. 

§  2800.  County  may  purchase  road,  how.  At  any  time 
within  five  years  from  filing  the  certificate  of  completion 
of  any  road  constructed  under  the  provisions  of  this  chap- 
ter, or  at  any  time  after  any  toll  road  constructed  and  un- 
der operation  under  any  of  the  laws  of  this  state  has  been 
in  existence  for  ten  cr  more  years,  a  county  within  which 
the  road  or  any  portion  thereof  is  located,  may  purchase 
the  same  at  a  fair  cash  valuation,  to  be  fixed  by  seven  com- 
missioners, all  disinterested  persons;  three  to  be  appointed 
by  the  board  of  supervisors  of  the  county,  three  by  the 
owners  of  the  road,  and  one  by  the  judge  of  the  superior 
court  of  the  county,  who  must  eLtimate  the  fair  cash 
value  of  the  road,  and  make  report  thereof,  under  oath, 


§§  2801,  2814  TOLL,    ROADS.  670 

to  the  board  of  supervisors.  If,  within  three  months  after 
filing  the  report,  the  appraised  value  thereof  is  tendered 
on  behalf  of  the  county  to  the  owner  of  the  road,  or  his 
authorized  managing  agent,  in  gold  coin,  the  right  of  the 
owner  to  make  tolls  on  the  road  is  terminated,  and  the 
road  to  become  the  property  of  the  county.  En.  March  12, 
1872.     Am'd.  1880,  22;    1895,  196. 

Cal.  Rep.  Cit.     80,  341;  99,  213;  12is,  388. 

§  2801.  Appraisement  and  award,  how  made.  A  major- 
ity of  the  board  of  commissioners  mentioned  in  the  preced- 
ing section  constitute  a  quorum,  and  the  concurrence  of  a 
majority  in  making  the  estimate  and  award  is  binding  upon 
the  road  owner  if  approved  by  the  board  of  supervisors. 
The  commissioners  must  make  their  report  within  thirty 
days  after  their  appointment,  and  if  approved,  the  tender 
of  the  amount  of  the  appraisement  and  award  must  be 
made  by  the  county  treasurer;  whether  the  owner  conveys 
the  road  to  the  county  or  not,  the  report  and  tender  ope- 
rate as  a  conveyance  to  the  county  of  the  road  and  all 
iis  incidents  and  appurtenances.     En.  March  12,  1872. 


ARTICLE  II. 

USE    OF    TOLL   ROADS,    AND    OBSTRUCTIONS    THEREON. 

§  2814.  Persons   exempt   from   tolls. 

§  2815.  Encroachments,    how    removed. 

§  2816.  Who    liable    for   penalty,    and   what. 

§  2817.  Action    for    penalty    or    trespass. 

§  2814.  Persons  exempt  from  tolls.  The  following  per- 
sons, and  none  other,  are  exempt  from  payment  of  toll  on 
wagon,  turnpike,  or  plank  roads: 

1.  Persons  going  to  or  from  any  funeral,  and  all  funeral 
processions. 

2.  Troops  in  actual  service  of  the  state  or  of  the  United 
States,  and  persons  going  to  or  from  a  military  training 
which  by  law  they  are  required  to  attend. 

3.  Persons  going  to  or  from  the  courthouse  in  obedience 
to  a  subpoena  in  a  criminal  action. 

4.  Persons  living  within  one  mile  of  any  gate  by  the 
most  usually  traveled  road  may  pass  it  at  one-half  toll, 
when  not  engaged  in  the  transportation  of  others  or  the 
property  of  others. 


671  TOLL  ROADS.  §§  2815-2817 

5.  Farmers  living  on  their  farms  within  one  mile  of  any 
gate  by  the  most  usually  traveled  road,  may  pass  free 
when  going  to  or  from  their  worlt  on  such  farms. 

6.  School  children  attending  school  within  three  miles 
of  their  parents'  or  boarding  house. 

7.  The  road  overseer  of  the  road  district  through  which 
road  passes,  or  the  commissioners  of  highways  for  the  pur- 
pose of  inspecting  the  condition  of  the  road.  En.  March 
12,  1872.     Am'd.  1880,  4. 

Person  not  exempt  evading  payment  of  tolls,  fine 
against:  Pen.  Code,  se^.  389. 

§  2815.  Encroachments,  how  removed.  On  application 
by  an  officer  of  the  company,  the  commissioner  of  high- 
wavs.  or  road  overseer  of  the  district  where  the  same 
exists,  may  inquire  into  any  encroachment  upon  the  lands 
of  the  companv  used  for  the  purposes  of  the  road,  caused 
by  fence,  building,  or  otherwise,  and  he  must,  if  he  finds 
it  does  exist,  require  or  cause  its  removal  as  provided  for 
highway  encroachments  in  article  VIII,  chapter  II,  of  this 
title.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     99,  213. 

Obstructions  and  injuries  to  highways:  Ante,  sees.  2731- 
2744. 

Penalty  for  failure  to  remove  encroachment:  Post,  sec. 
2816. 

§  2816.  Who  liable  for  penalty,  and  what.  Every  person 
who,  having  the  control  thereof,  neglects  to  remove  an 
encroachment  after  being  notified  thereof,  or  permits  the 
same  to  remain  after  notice,  unless  he  immediately  com- 
mences and  diligently  prosecutes  its  removal  to  comple- 
tion, is  liable  to  a  penalty  of  five  dollars  for  every  day 
of  such  neglect  or  failure.    Eti.  March  12,  1872. 

5  2817.  Action  for  penalty  or  trespass.  An  action  for 
the  penalties  given  by  this  chapter,  and  for  any  trespass 
on  or  injui-y  to  such  road,  may  be  maintained  in  the  county 
where  the  act  was  done,  or  in  that  where  the  defendant 
resides,  by  the  company.     En.  March  12,  1872. 

Injuk-ies  to  toll-houses  or  turnpike  gates  constitute  mis- 
demeanor:  Pen.  Code,  sec.  589. 


§§  2827-2830  TOLL    ROADS.  «72 

ARTICLE  III. 

INSPECTION     AND    REPAIRS. 

§  2S27.  Inspection    of   roads,    and    repairs. 

§  2S2S.  Closing   gates,    and   penalty. 

§  2S29.  Defects   in   road,    to   be   reported   to   whonn. 

§  2S30.  Enforcing   obedience    to   notice   and   requirement. 

§  2S31.  Fees    of    commissioner    or    overseer. 

§  2S32.  Pack    trails    in    mountain    districts. 

§  2827.  Inspection  of  roads,  and  repairs.  Every  com- 
missioner of  highways,  or  road  overseer  of  the  district, 
to  whom  complaint  in  writing  is  made  that  any  part  of  a 
wagon,  turnpike,  or  plank  toll  road  in  his  county  or  dis- 
irict,  or  any  part  of  such  road,  the  gate  nearest  to  which 
is  in  his  county  or  district,  is  out  of  repair,  must  examine 
it  without  delay  and  give  notice  of  the  defect,  particularly 
describing  the  same,  to  the  person  attending  the  gate  near- 
est thereto;  if  the  necessary  repair  is  not  made,  or  defect 
remedied,  within  three  days  after  such  notice  is  given,  the 
commissioner  or  road  overseer  may  order  such  gate  to  be 
thrown  open.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     99,  213. 

§  2828.  Closing  gates,  and  penalty.  A  gate  so  ordered 
to  be  thrown  open  must  not  be  shut  nor  any  toll  collected 
thereat  until  the  commissioner  of  highways  or  road  over- 
seer ordering  it  shut  grants  a  certificate  that  the  road  is 
la  sufficient  repair,  and  that  the  gate  ought  to  be  closed. 
The  company  and  their  gatekeeper  or  other  employee,  vio- 
lating or  permitting  the  violation  of  this  section,  or  the 
order  made  under  the  preceding  section,  are  each  liable 
in  a  penalty  of  twenty-five  dollars  for  each  offense,  to  be 
recovered  by  the  party  aggrieved.    En.  March  12,  1872. 

§  2829.  Defects  in  road,  to  be  reported  to  whom.  Every 
commissioner  of  highways  or  road  overseer  who  discovers 
a  defect  in  any  toll  road  in  his  county  or  district,  or  a  gate 
placed-  in  a  situation  contrary  to  law,  must  give  written 
notice  thereof  to  one  or  more  of  the  directors  or  managing 
agents  of  the  company,  requiring  the  defective  road  to  be 
repaired,  or  the  gate  to  be  removed,  within  a  specified 
lime;  and  may  order  that  in  the  meantime  such  gates  as 
lie  specifies  be  thrown  open.     En.  March  12,  1872. 

§  2830.  Enforcing  obedience  to  notice  and  requirement. 
If  the  notice  and  requirements  are  not  obeyed,  the  com- 


673  TOLL   ROADS.  §§  2831.  2832 

missioner  of  highways  or  road  overseer  must  make  imme- 
diate complaint  to  the  district  attorney  of  the  county,  who 
must  prosecute  the  company  therefor  in  the  name  of-  the 
people  for  so  suffering  the  road  to  be  out  of  repair,  or 
of  having  placed  any  gate  in  a  situation  contrary  to  the 
law;  and  if  convicted  thereof,  the  company  must  be  fined 
not  exceeding  two  hundred  and  fiftj  dollars.  En.  March 
12,  1872. 

§  2831.  Fees  of  commissioner  or  overseer.  The  com- 
missioner of  highways  or  road  overseer  complaining  to  the 
district  attorney,  or  who  makes  inspection  and  discovers 
defects  in  the  road,  is  entitled  to  three  dollars  for  each 
day's  service  in  inspecting  the  road,  or  necessarily  ex- 
pended in  prosecuting  the  action  therefor,  to  be  paid  in 
case  of  conviction  as  costs.  "When  no  action  is  had,  but 
repairs  are  made,  or  gate  removed,  on  the  inspection  and 
requirement  of  the  commissioner  of  highways  or  road 
overseer,  the  toll  gatherer  nearest  the  road  so  out  of  re- 
pair, or  the  gate  to  be  moved,  must  pay  the  fees  hereinbe- 
fore specified  out  of  the  tolls  collected ;  if  he  refuse  to  pay 
the  same,  the  same  may  be  recovered  by  action,  with  costs. 
En.  March  12,  1872. 

§  2832.  Pack  trails  in  mountain  districts.  The  boards 
of  supervisors  of  the  several  counties  of  this  state  are 
hereby  authorized  to  permit  the  toll-road  companies  here- 
tofore or  which  may  hereafter  be  organized  under  the  pro- 
visions of  this  code,  for  the  purpose  of  constructing  toll 
roads  within  the  mountain  districts  of  this  state,  to  first 
construct  on  the  line  of  their  proposed  toll  road  a  pack 
trail  for  the  accommodation  of  pack  trains  and  horsemen 
and  to  collect  tolls  thereon.  The  board  of  supervisors 
shall  fix  the  amount  of  license  to  be  paid  and  tolls  to  be 
collected  on  such  pack  trail,  and  that  no  such  permit  or 
franchise  shall  be  granted  for  a  longer  period  than  two 
years.     En.  Stats.  1873-4,  131. 

Pol.  Code— 43 


§§  2843-2843    PUBLIC    FERRIES    AND    TOLL    BRIDGES.  874 

CHAPTER   IV. 

PUBLIC   FERRIES   AND   TOLL   BRIDGES. 

Article    I.     General    Provisions,     §§    2843-2858. 

II.  Toll  Bridges,    §§   2870-2881. 

III.  Toll   Ferries,    §§    2892-2895. 

ARTICLE  I. 

GENERAL    PROVISIONS. 

§  2843.  "What   board   to   grant  authority   to  construct. 

I  2844.  Notice    must    be    proved. 

§  2845.  Duty   of   board   of   supervisors   granting  authority. 

§  2846.  License  tax  and  rate  of  tolls,   how   fixed. 

§  2S47.  Report   of   bridge  or  ferry  owner  or  keeper. 

§  2S48.  Inquiry  of  the   board   of  supervisors  fixing   tolls. 

§  2S49.  When   to   direct   license   to   issue. 

§  2850.  Bond,   conditions  and  execution. 

I  2851.  When   bridge   unites    two   counties. 

§  2S52.  Supervisors   shall    not   act   if   interested. 

§  2853.  Toll   bridge   or   ferry   within   one   mile  of  another,    when. 

§  2854.  Owner    of   land    preferred   to   build    bridge   or   ferry. 

§  2855.  How    lands   are   acquired   for  use   of  bridge   or    ferry. 

§  2856.  Must   post   rates   of  toll. 

§  2857.  Revenue   derived    from   license,    how   disposed   of. 

§  2858.  To   keep   banks   in   repair. 

§  2843.     What    board  to    grant    authority    to    construct. 

When  authority  to  construct  a  toll  bridge,  or  to  erect  and 
keep  a  ferry  over  water  dividing  two  counties  is  desired, 
application  must  oe  made  to  the  board  of  supervisors  of 
that  county  situate  on  the  left  bank  descending  such  bay, 
river,  creek,  slough,  or  arm  of  the  sea.  En.  March  12, 
1872. 

Cal.  Rep.   Cit.     132,  169;    134,   622;    136,   49. 

Maintaining  toll  bridge  or  ferry  without  authority  is  mis- 
demeanor:  Pen.  Code,  sec.  386. 

Power  of  supervisors  to  license  ferries:  See  post,  sec. 
4046,  subd.  17. 

§  2844.  Notice  must  be  proved.  The  board  of  supervi- 
.sors  must  not  grant  authority  to  construct  or  erect  a  toll 
bridge  or  ferry  until  the  notice  of  such  intended  applica- 
tion has  been  given  as  respectively  required  in  articles  II 
and  III  of  this  chapter.    En.  March  12,  1872. 

§  2845.     Duty  of  board  of  supervisors  granting  authority. 

The  board  of  supervisors  granting  authority  to  construct 
a  toll  bridge  or  to  keep  a  public  ferry,  must  at  the  same 
(Ime: 


675  PUBLIC    FERRIES    AND   TOLL.   BRIDGES.        §§  2846,  2847 

1.  Fix  the  amount  of  a  penal  bond  to  be  given  by  the 
person  or  corporation  owning  or  talking  tolls  on  the  bridge 
or  ferry  for  the  benefit  of  the  county,  and  all  persons  cross- 
ing or  desiring  to  cross  the  same,  and  provide  for  the  an- 
nual renewal  thereof. 

2.  Fix  the  amount  oi  license  tax  to  be  paid  by  the  per- 
son or  corporation  for  taking  tolls  thereon,  not  less  than 
three  nor  over  one  hundred  dollars  per  month,  payable  an- 
nually. 

3.  Fix  the  rate  of  tolls  which  may  be  collected  for  cross- 
ing the  bridge  or  ferry,  which  must  not  raise  annually  an 
income  exceeding  fifteen  per  cent  on  the  actual  cost  of  the 
construction  or  erection  and  maintenance  of  the  bridge  or 
ferry  for  the  first  year,  nor  on  the  fair  cash  value,  together 
with  the  repairs  and  maintainance  thereof  for  any  succeed- 
ing year. 

4.  Make  all  neces.sary  orders  relative  to  the  construc- 
tion, erection,  and  business  of  licensed  toll-bridges  or  fer- 
ries which  they  have  by  law  the  power  to  make.  The 
board  of  supervisors  may,  at  any  time  they  see  fit,  author- 
ize and  maintain  fords  across  any  water  within  any  dis- 
tance of  any  licensed  toll-bridge  or  ferry.  En.  March  12, 
1872. 

§  2846.     License  tax  and   rate  of  tolls,   how  fixed.     The 

license  tax  and  rate  of  toll  fixed  as  provided  in  the  pre- 
ceding section  must  not  be  increased  or  diminshed  during 
the  terra  of  twenty  years,  at  any  time,  unless  it  is  shown 
to  the  satisfaction  of  the  board  of  supervisors  that  fhe  re- 
ceipts from  tolls  in  any  one  year  is  disproportionate  to  the 
cost  of  construction  or  erection,  or  the  fair  cash  value 
thereof,  together  with  the  cost  of  all  necessary  repairs  and 
maintenance  of  the  bridge  or  ferry.  The  license  tax  fixed 
by  the  board  of  supervisors  must  not  exceed  ten  per  cent 
of  the  tolls  annually  collected.     En.  March  12,  1872. 

§  2847.  Report  of  bridge  or  ferry  owner  or  keeper. 
Every  owner  or  keeper  of  a  toll  bridge  or  ferry  must  report 
annually  to  the  board  of  supervisors  from  which  his  license 
is  obtained,  under  oath,  the  following  facts: 

1.  The  actual  cost  of  the  construction  or  erection,  and 
equipment  of  the  toll  bridge  or  ferry. 

-  2.  The  repairs  made  during  the  preceding  year,  and  the 
actual  cost  thereof. 


§§  2848-2850         PUBLIC   FERRIES   AND  TOLL   BRIDGES.  678 

3.  The  expense  of  labor  and  hire  of  agents,  and  other 
costs  necessarily  incurred  in  and  about  the  conduct  of  their 
business. 

4.  The   amount  of  tolls  collected;    and 

5.  The  estimated  actual  cash  value  of  the  bridge  or  fer- 
ry, exclusive  of  the  franchise.    En.  March  12,  1872. 

§  2848.     Inquiry  of  the  board  of  supervisors  fixing  tolls. 

Whenever  the  board  of  supervisors  are  about  to  fix  the 
license  tax  and  rate  of  tolls  on  a  bridge  or  ferry  they  must 
make  inquiry  into  the  present  actual  cash  value  and  the 
cost  of  all  necessary  repairs  and  maintenance  thereof,  and 
for  that  purpose  may  examine,  under  oath,  the  owner  or 
keeper  of  the  same,  and  other  witnesses,  and  the  assessed 
value  of  the  bridge  or  ferry  on  the  assessment  roll  of 
the  county.  When  the  estimate  of  the  board  is  made,  if 
the  same  is  not  agreed  to  by  the  owner  or  keeper  of  the 
bridge  or  ferry,  the  same  must  be  fixed  by  three  commis- 
sioners, one  to'  be  appointed  by  the  board  of  supervisors, 
one  by  the  owner  and  keeper,  and  the  third  by  the  county 
judge,  who  must  hear  testimony  and  fix  such  value  and 
cost  according  to  the  facts,  and  report  the  same  to  the 
board  of  supervisors  under  oath.  In  all  estimates  of  the  fair 
cash  value  of  the  bridge  or  ferry  the  value  of  the  franchise 
must  not  be  taken  into  consideration.    En.  March  12,  1872. 

§  2849.  When  to  direct  license  to  issue.  When  the  cost 
of  construction  or  erection  and  equipment  of  the  bridge  or 
ferry,  or  the  fair  cash  value  thereof,  together  with  the  cost 
of  needed  repairs  and  the  conduct  and  maintenance  of  the 
same,  is  ascertained  and  fixed  for  the  preceding  year,  the 
board  must,  on  such  ascertained  amount,  fix  the  annual 
license  tax  rate  of  tolls,  and  the  amount  of  the  penal  bond, 
and  direct  a  license  to  be  issued  by  the  clerk.  En.  March 
12,  1872. 

Licenses  generally:   See  post,  sees.  3356  et  seq. 

§  2850.  Bond,  conditions  and  execution.  The  bond  re- 
quired of  the  owner  or  keeper  of  the  toll  bridge  or  ferry 
must  be  in  the  sum  fixed  by  the  board  of  supervisors,  with 
one  or  more  sureties,  and  conditioned  that  the  toll  bridge 
or  ferry  will  be  kept  in  good  repair  and  condition,  and 
that  the  keeper  will  faithfully  comply  with  the  laws  of  the 
state  and  all  legal  orders  of  the  board  of  supervisors  regu- 


677  PUBLIC   FERRIES    AND    TOLL    BRIDGES.        §§  2851-:!K53 

lating  the  same,  and  pay  all  damages  recovered  against 
him  by  any  person  injured  or  damaged  by  reason  of  delay 
at  or  defect  in  such  bridge  or  ferry,  or  in  any  manner  re- 
sulting from  a  non-compliance  with  the  laws  or  lawful  or- 
ders regulating  the  same.  The  bond  must  be  approved  by 
the  president  and  filed  with  the  clerk  of  the  board  of  su- 
pervisors.    En.  March  12,  1872. 

Violating  conditions  of  undertaking  to  keep  ferry,  is  mis- 
demeanor:   Pen.  Code,  sec.  387. 

§  2851.  When  bridge  unites  two  counties.  The  license 
tax  for  a  ferry  or  bridge  connecting  two  counties  must  be 
paid  to  the  treasurer  of  the  county  granting  it,  and  the 
license  issued  by  the  auditor  thereof;  but  the  treasurer 
of  such  county  must  pay  to  the  treasury  of  the  county  in 
which  the  other  end  or  landing  of  the  bridge  or  ferry  is 
located  one-half  the  sum  so  received  annually,  or  the 
auditor  may  issue  the  license  on  filing  with  him  receipts 
for  their  respective  halves  of  the  tax  taken  from  the  treas- 
urer of  each  of  the  two  counties.    En.  March  12,  1872. 

Delinquent  bridge  or  ferry  license  tax,  proceedings  to 
collect  instituted  after  thirty  days:  See  Stats.  1872,  p. 
539. 

§  2852.  Supervisors  shall  not  act  if  interested.  When 
a  supervisor  is  interested  in  an  application  to  erect,  con- 
struct, or  take  tolls,  or  alter  tolls  on  a  bridge  or  ferry, 
he  shall  not  act  in  any  of  such  matters.  En.  March  12, 
1872.     Am'd.  1880,  23. 

§  2853.  Toll  bridge  or  ferry  within  one  mile  of  another, 
when.  No  toll  bridge  or  ferry  must  be  established  within 
one  mile  immediately  above  or  below  a  regularly  estab- 
lished ferry  or  toll  bridge,  unless  the  situation  of  a  town 
or  village,  th :  crossing  of  a  public  highway,  or  the  inter- 
section of  some  creek  or  ravine  renders  it  necessary  for 
public  convenience.  In  addition  to  the  public  notice  here- 
inafter required,  notice  of  intention  to  apply  for  authority 
to  erect  a  toll  bridge  or  ferry,  as  in  this  section  provided, 
must  be  served  upon  the  proprietor  of  the  ferry  or  toll 
bridge  already  established  at  least  ten  days  prior  thereto, 
giving  the  time  and  place  and  grounds  of  such  applica- 
tion.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     114,  496;  134,  58. 


§§  2854-2858  PUBLIC    FERRIES    AND   TOLL    BRIDGES.  678 

§  2854.     Owner  of  land  preferred  to  build  bridge  or  ferry. 

The  owner  of  land  on  either  side  of  the  waters  to  be  crossed, 
and  the  owner  of  the  land  on  the  left  bank  descending 
over  the  owner  of  land  on  the  right  bank,  is  entitled  to 
])reference  in  procuring  authority  to  construct  a  bridge 
or  ferry;  but  where  such  owner  fails  or  neglects  to  apply 
for  such  authority  within  a  reasonable  time  after  the  ne- 
cessity therefor  arises,  the  board  of  supervisors  may  grant 
such  authority  to  another.     En.  March  12,  1872. 

§  2855.  How  lands  are  acquired  for  use  of  bridge  or 
ferry.  When  there  are  lands  necessary  for  the  construc- 
tion, erection,  or  use  of  such  bridge  or  ferry  which  cannot 
be  procured  by  agreement  between  the  owner  or  corpora- 
tion and  the  land  owner,  the  right  of  way  and  all  other 
lands  necessary  for  the  use  and  construction  or  erection 
thereof  may  be  acquired  by  condemnation.  En.  March  12, 
1872. 

Condemnation,  eminent  domain:   Ante,  sec.  44. 

§  2856.  Must  post  rates  of  toll.  Every  licensed  toll 
bridge  or  ferry  must  Lave  the  rates  of  toll  as  fixed  by  the 
board  of  supervisors,  printed  or  written,  posted  up  in  some 
conspicuous  place  on  or  near  the  bridge  or  ferry.  En. 
March  12,  1872. 

§  2857.     Revenue  derived  from  license,  how  disposed  of. 

The  proceeds  of  the  license  tax  on  ferries  and  toll  bridges 
must  be  paid  into  the  county  treasury  for  the  use  of  roads 
and  highways,  or  may  be  used  by  the  board  of  supervisors 
at  any  time  in  the  purchase  of  toll  roads  and  toll  bridges. 
En.  March  12,  1872. 

§  2858.  To  keep  banks  in  repair.  All  ferry  and  toll 
bridge  keepers  must  keep  the  banks  of  the  streams  or 
waters  at  the  landings  of  their  ferries  or  bridges  graded 
and  in  good  order  for  the  passage  of  vehicles.  For  every 
day  compliance  herewith  is  neglected  twenty-five  dollars 
is  forfeited,  to  be  collected  for  the  use  of  the  road  fund 
of  the  county.    En.  March  12,  1872. 


679  PUBLIC   FERRIES   AND   TOLL  BRIDGES.       §§  2870-2872 

ARTICLE  II. 

TOLL    BRIDGES. 

§  2870.  Application   for   leave   to   construct. 

§  2871.  Hearing    application. 

§  2872.  Action   of   the  board   of   supervisors. 

§  2873.  What   the   board   of   supervisors   may   require. 

§  2874.  Use    of   highways. 

§  2S7.5.  How    constructed   over  navigable   waters. 

§  2S76.  Supervisors    may    regulate. 

§  2877.  Channel   of   streams   navigable   by    rafts   to  be   kept   clear. 

§  2S78.  Completion   of  bridge,   rate  of  toll,    and  license   tax. 

§  2879.  Persons    exempt. 

§  2880.  Penalty   for   avoiding   tolls. 

§  2881.  County   may    purchase   toll    bridge. 

§  2870.  Application  for  leave  to  construct.  Every  ap- 
plicant for  authority  to  construct  a  toll  bridge  must  pub- 
lish a  notice  in  at  least  one  newpaper  in  each  county  in 
which  the  bridge  or  any  part  of  it  is  to  be,  or  if  no  paper 
is  published  therein,  in  an  adjoining  county,  once  in  each 
week  for  six  successive  weeks,  specifying  the  location,  the 
length,  and  breadth  of  the  bridge,  and  the  time  at  which 
the  application  hereinafter  required  will  be  made.  After 
notice  is  given,  application  must  be  made  to  the  board  of 
supervisors  of  the  proper  county,  at  any  meeting  specified 
in  the  notice,  for  authority  to  construct  it.  En.  March  12, 
1872. 

§  2871.  Hearing  application.  On  the  hearing,  any  per- 
son may  appear  and  be  heard.  The  board  may  take  testi- 
mony or  authorize  it  to  be  taken  by  any  judicial  oflBcer  of 
the  county;  and  it  may  adjourn  the  hearing  from  time  to 
time.  A  copy  of  the  articles  of  incorporation,  certified  by 
the  secretary  of  state,  or  by  the  clerks  where  they  are 
filed,  must  be  attached  to  and  filed  with  the  application 
if  made  by  a  corporation.    En.  March  12,  1872. 

Articles  of  incorporation:  Civ.  Code,  sees.  289,  290  et 
seq. 

§  2872.  Action  of  the  board  of  supervisors.  If  the  board 
are  of  opinion  that  the  public  interests  will  be  promoted 
thereby,  it  may,  by  the  assent  of  a  majority  of  all  the 
members  of  the  board,  grant  the  application  by  an  order 
entered  in  its  minutes,  and  particularly  describing  the 
bridge.  The  applicant  must  cause  a  certified  copy  of  the 
order,  with  a  copy  of  the  application,  to  be  recorded  in 


§§  2873-2877       PUBLIC  FERRIES   AND   TOLL  BRIDGES.  680 

the  office  of  the  clerk  of  the  county  before  proceeding  un- 
der it;  provided,  that  the  board  of  supervisors  shall  not 
have  power  to  license  bridges  across  the  Sacramento  or 
San  Joaquin  rivers,  the  Suisun  Bay,  or  Carquinez  Straits, 
the  Petaluma,  Napa,  or  Sonoma  creeks,  except  at  points 
above  the  head  of  navigation  on  said  streams.  En.  March 
12,  1872.  Am'd.  1877-8,  52. 
Cal.  Rep.  Cit.     123,  180. 

§  2873.  What  the  board  of  supervisors  may  require. 
The  board  of  supervisors  may,  at  the  time  of  granting  au- 
thority to  construct  a  toll  bridge,  by  order,  require  the 
bridge  to  be  constructed  within  a  certain  time,  to  be  of  a 
certain  width,  character,  or  description,  and  to  be  con- 
structed of  certain  materials,  which  order  must  be  com- 
plied with  by  the  owner  or  corporation  constructing  the 
same  before  license  to  take  tolls  is  used.  En.  March  12, 
1872. 

§  2874.  Use  of  highways.  The  corporation  or  bridge 
owner  may  use,  in  such  manner  as  prescribed  by  the  board, 
so  much  of  any  public  road  on  either  side  of  the  stream  or 
waters  as  may  be  necessary  for  constructing  and  main- 
taining the  bridge  and  toll  houses.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     123,  181. 

§  2875.  How  constructed  over  navigable  waters.  All 
bridges  constructed  under  this  chapter  crossing  navigable 
streams  must  be  so  constructed  as  not  to  obstruct  naviga- 
tion, and  must  have  a  draw  or  swing  of  sufficient  space 
or  span  to  permit  the  safe,  convenient,  and  expeditious 
passage  at  all  times  of  any  steamer,  vessel,  or  raft  which 
may  navigate  the  stream  or  water  bridged.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     79,  348. 

§  2876.  Supervisors  may  regulate.  The  board  of  super- 
visors may,  by  order,  regulate  and  govern  the  amount  of 
weight  and  number  of  animals  that  may  be  driven  on  to 
a  toll  bridge  at  any  one  time,  and  prescribe  rules  for  the 
government  of  the  draws  or  swings  and  attendance  of  the 
same,  and  prescribe  penalties  for  disobedience  of  such 
rules.    En.  March  12,  1872. 

§  2877.  Channel  of  streams  navigable  by  rafts  to  be  kept 
clear.    Any  one  bridging  a  stream  navigated  or  navigable 


681  PUBLIC    FERRIES    AND    TOLL,    BRIDGES.        §§  2878-2881 

must  at  all  times  keep  the  channel  above  and  below  the 
bridge  clear  from  all  deposits  occasioned  by  its  erection 
and  prejudicial  to  such  navigation,  and  is  liable  to  pay  to 
all  persons  unreasonably  hindered  or  delayed  in  passing 
such  bridge  with  rafts  or  vessels  all  damages  sustained 
thereby.     En.  March  12,  1872. 

§  2878.  Completion  of  bridge,  rate  of  toll,  and  license 
tax.  Every  bridge  erected  under  these  provisions  must 
have  good  and  substantial  railings  or  sidings,  at  least  four 
and  a  half  feet  high.  When  a  bridge  is  completed,  and  a 
certificate  that  it  is  so,  and  is  safe  and  convenient  for  the 
public  use,  is  signed  by  the  commissioner  of  highways,  or 
president  of  the  board  of  supervisors,  and  filed  in  the 
county  clerk's  oflice  in  the  county  or  counties  in  which 
it  is  located,  the  directors  or  owner  may  erect  a  toll  gate 
at  such  bridge  and  require  such  tolls  as  the  boards  of  su- 
pervisors of  the  county  or  counties  from  time  to  time  pre- 
scribe. A  license  therefor  must  be  issued  by  the  auditor 
of  the  county  on  giving  the  necessary  bond  and  paying  the 
license  tax  fixed  therefor.     En.  March  12,  1872. 

§  2879.  Persons  exempt.  Any  person  going  to  or  from 
a  funeral,  school,  performing  highway  labor,  or  attending 
a  military  parade,  or  court  which  by  law  he  is  required 
to  attend  as  a  witness  in  a  criminal  case,  is  exempt  from 
the  payment  of  tolls.    En.  March  12,  1872. 

Person  not  exempt,  evading  toll,  fine  against:  Pen. 
Code,  sec.  389. 

§  2880.  Penalty  for  avoiding  tolls.  Any  person  liable 
to  pay  toll  forcibly  or  fraudulently  passing  the  gate  of  a 
toll  bridge  without  paying  the  toll  is  liable  to  a  penalty  of 
ten  dollars  in  addition  to  the  damages  caused,  to  be  re- 
covered by  the  owner.    En.  March  12,  1872. 

Passing  gate  of  toll  bridge  and  evading  payment,  fine 
for:  Pen.  Code,  sec.  389. 

§  2881.  County  may  purchase  toll  bridge.  Within  the 
same  time,  in  like  manner,  and  to  the  same  effect  as  toll 
roads  are  purchased  under  the  provisions  of  sections  2802 
and  2803,  the  county  or  counties,  jointly  acting,  in  which 
the  same  is  situated,  may  purchase  a  toll  bridge  con- 
structed under  the  provisions  of  this  chapter.  En.  March 
12,  1872, 


§§  2892-2894         PUBLIC    FERRIES    AND    TOLL    BRIDGES.  tSi 

ARTICLE  III. 

TOLL  FERRIES. 

§  2892.  Application  for  leave  to  erect;   notice. 

§  2893.  Duty  of  the  board  of  supervisors. 

§  2894.  Powers  of  the  board  of  supervisors. 

§  2S95.  Penalties,    how   disposed    of. 

§  2892.  Application  for  leave  to  erect;  notice.  EJvery 
'applicant  for  authority  to  erect  and  take  tolls  on  a  public 
ferry  must  publish  a  notice  in  at  least  one  newspaper  in 
each  county  in  which  the  ferry  is  or  touches,  or  if  there 
is  no  newspaper  published  therein,  then  in  one  published 
in  an  adjoining  county,  and  by  posting  three  notices  In 
three  public  places  in  the  township  for  four  successive 
weeks,  specifying  the  location  and  the  time  and  place 
wh«n  and  where  the  application  will  be  made.  After 
notice  is  given  application  must  be  made  in  writing,  under 
oath,  to  the  board  of  supervisors  of  the  proper  county, 
the  landings  of  the  proposed  ferry  must  be  described,  and 
the  names  of  the  owners  thereof  given,  if  known;  and  if 
the  applicant  is  not  the  owner  of  the  land,  that  notice  of 
the  application  has  been  served  on  the  owner  thereof  at 
least  ten  days  prior  to  the  application.  En.  March  12, 
1872. 

§  2893.  Duty  of  the  board  of  supervisors.  At  the  hear- 
ing, proof  of  giving  the  notice,  as  required  by  the  pre- 
ceding section,  must  be  made,  and  any  person  may  appear 
and  contest  the  application.  If  the  board  finds  that  the 
ferry  is  either  a  public  necessity  or  convenience,  and  that 
the  applicant  is  a  suitable  person,  and  by  reason  of  owner- 
ship of  the  landing  or  failure  of  the  owner  thereof  to  ap- 
ply is  entitled  thereto,  authority  to  erect  and  take  tolls  on 
the  ferry  may  be  granted  to  him  for  the  term  of  twenty 
years.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     134,  625. 

§  2894.  Powers  of  the  board  of  supervisors.  The  board 
of  supervisors  may  make  all  needful  rules  and  regulations 
for  the  government  of  ferries  and  ferry  keepers,  prescrib- 
ing: 

1.  How  many  boats  must  be  kept,  their  character,  and 
how  propelled; 

2.  The  number  of  hands,  boatmen,  or  ferrymen  to  be 
employed,  and  rules  for  their  government; 


683  WHARVES,    CHUTES,    AND    PIERS.  §§  2895-2907 

3.  How  many  trips  to  be  made  daily; 

4.  When  and  under  what  circumstances  to  make  trips 
in  the  night-time; 

5.  Who  may  be  ferried  free  of  toll; 

6.  In  what  cases  of  danger  or  peril  not  to  cross; 

7.  Penalties  for  violation  of  regulations; 

8.  In  case  of  steamboats,  the  rate  of  speed; 

9.  The  method  oi  and  preference  in  loading  and  cross- 
ing; and 

10.     How  and  by  whom  action    must    be    brought    to    re- 
cover penalties.    En.  March  12,  1872. 

§  2895.  Penalties,  how  disposed  of.  Penalties  recov- 
ered under  this  article  must  be  paid  to  the  county  treas- 
urer for  the  use  of  the  general  road  fund  of  the  county. 
En.  March  12,  1872. 

CHAPTER  V. 

WHARVES,     CHUTES,     AND    PIERS. 

§  21)06.  Board    of   supervisors   to    authorize    construction. 

§  "907.  Application,    what   to  contain   and   how  made. 

§  2908.  Petition   relative   U<   lands   not   owned   by   applicant. 

§  2909.  Notice   served   on    non-residents. 

§  2910.  Board    to    hear   proof,    and    may    grant   authority. 

§  2911.  Overflowed   or   ti3e   lands   granted. 

§  2912.  One   hundred   and  fifty  feet   on   each  side   of   wharf,    etc. 

§  2913.  How   to   obtain    use   of   lands. 

§  2914.  Dimensions    of    wharves,    etc. 

§  2915.  Franchise,    what   constitutes. 

§  2916.  Board   of   supervisors   to    fix   rate   of   tolls,    etc. 

§  2917.  License,  and   the   tax  for. 

§  2918.  To   keep    in    good   reiiair. 

§  2919.  Restrictions    on    granting    authority. 

§  2920.  Cities  and   towns   exempted   and  authorized. 

§  2921.  Granting    railroad    right    to    construct. 

§  2906.     Board  of  supervisors  to  authorize  construction. 

The  boards  of  supervisors  of  every  county  in  this  state 
may  grant  authority  to  any  person  or  corporation  to  con- 
struct a  wharf,  chute,  or  pier,  on  any  lands  bordering  on 
any  navigable  bay,  lake,  inlet,  creek,  slough,  or  arm  of 
the  sea,  situate  in  or  bounding  their  counties  respectively, 
with  a  license  to  take  tolls  for  the  use  of  the  same  for  the 
term  of  twenty  years.    En.  March  12,  1872. 

§  2907.  Application,  what  to  contain  and  how  made. 
Application  therefor  must  be  made  by  publishing  notice  as 
required  in  section  2892,  and  filing  a  petition  in  writing, 
containing: 


§§  2908-2910  WHARVES,    CHUTES,    AND    PIERS.  684 

1.  The  name  and  residence  of  the  applicant;  and  if  a 
corporation  a  certified  copy  of  the  articles  of  incorpora- 
tion ; 

2.  A  map  of  the  waters,  and  the  name  and  location 
thereof,  and  of  the  adjoining  lands; 

3.  A  plan  of  the  wharf,  chute,  or  pier  proposed  to  be 
constructed,  and  of  the  land  within  three  hundred  feet 
thereof; 

4.  The  names  of  the  owners  of  the  lands,  and  the  quan- 
tity thereof  sought  to  be  used,  and  whether  the  right  to 
use  the  same  is  or  is  to  be  acquired  by  the  applicant; 

5.  The  distance  it  is  proposed  to  extend  the  wharf, 
chute,  or  pier  into  the  waters; 

6.  The  estimated  cost  of  the  construction  of  the  wharf, 
chute,  or  pier,  and, 

7.  The  time  when  the  application  will  be  made.  En. 
March  12,  1872. 

§  2908.  Petition  relative  to  lands  not  owned  by  appli- 
cant. When  any  lands  are  sought  to  be  appropriated  and 
used  for  a  wharf,  chute,  or  pier,  of  which  the  applicant 
is  not  the  owner,  or  the  right  of  way  and  use  thereof  has 
not  been  obtained  by  agreement,  these  facts  and  the  par- 
ticular description  of  such  land  must  be  set  forth  in  the 
petition  of  the  applicant,  and  a  copy  of  the  notice  of  ap- 
plication must  be  served  on  the  owner  thereof  by  the 
sheriff  of  the  county,  whose  official  return  is  conclusive 
evidence  of  service,  at  least  ten  days  prior  to  the  appointed 
day  set  for  the  hearing  of  the  same.    En.  March  12,  1872. 

§  2909.  Notice  served  on  non-residents.  When  the 
owner  of  the  land  is  a  non-resident  of  the  county,  it  is  serv- 
ice of  notice  for  the  sheriff  to  leave  a  copy  with  the  occu- 
pant or  agent  of  the  owner;  if  none,  then  to  place  a  copy 
in  the  post-oflBce  addressed  to  the  owner,  thirty  days  prior 
to  the  day  set  for  the  hearing.  If  the  owner  is  a  minor, 
insane,  idiot,  or  decedent,  notice  must  be  served  on  the 
guardian,  administrator  or  other  legal  representative  of 
such  person.     En.  March  12,  1872, 

§  2910.  Board  to  hear  proof,  and  may  grant  authority. 
On  the  day  named  in  the  notice,  or  to  which  the  hearing 
is  adjourned,  the  board  of  supervisors  must  hear  proof 
of  publication  and   service  of  notice;    if  satisfactory,  the 


685  WHARVES,    CHUTES,    AID    PIERS.  §§  2yil-2»13 

board  must  hear  the  allegations  of  the  petition  and  any 
objections  to  the  granting  of  the  application  and  proofs 
in  support  of  each.  If  from  the  proofs  it  appear  that  the 
public  good  or  convenience  will  be  promoted  thereby,  the 
board  of  supervisors  may  grant  to  the  applicant  the  right 
to  erect  or  construct  a  w^harf,  chute,  or  pier,  as  prayed 
for,  and  to  take  tolls  "for  the  use  of  the  same  for  the  term 
of  twenty  years.    En.  March  12,  1872. 

§  2911.  Overflowed  or  tide  lands  granted.  The  grant 
of  authority  made  by  the  board  of  supervisors,  as  provided 
in  the  preceding  sections,  conveys  to  the  grantee  or  appli- 
cant the  right  of  way  and  all  necessary  use  for  the  purposes 
of  the  wharf,  chute,  or  pier,  of  any  of  the  overflowed,  sub- 
merged, or  tide  lands  belonging  to  the  state,  particularly 
describing  the  quantity  thereof  in  the  order,  as  also  the 
right  of  way  over  any  swamp,  overflowed,  marsh,  or  tide 
lands  lying  between  the  wharf,  chute,  or  pier  and  high  or 
dry  land,  fifty  feet  in  width,  for  twenty  years.  En.  March 
12,  1872. 

Overflowed  or  tide  lands  of  state:  Post,  sees.  3440  et  seq. 

§  2912.  One  hundred  and  fifty  feet  on  each  side  of  wharf, 
etc.  The  grant  of  authority  herein  provided  for  carries 
with  it  the  right  to  have  unincumbered  and  unobstructed 
the  land  and  water  on  each  side  of  the  wharf,  chute,  or 
pier,  from  high  water  mark  to  navigable  water,  a  distance 
of  one  hundred  and  fifty  feet,  for  the  convenience  of  land- 
ing, loading,  and  unloading  vessels,  but  for  no  other  pur- 
pose.   En.  March  12,  1872. 

§  2913.  How  to  obtain  use  of  lands.  Authority  to  con- 
struct a  wharf,  chute,  or  pier,  being  granted,  the  grantee  or 
applicant  may  procure  from  the  owner  the  right  of  way 
and  other  necessary  incidental  use  for  the  wharf,  chute,  or 
pier,  of  any  of  his  lands,  by  proceedings  had  under  title 
VII,  part  III,  of  the  Code  of  Civil  Procedure.  Until  such 
use  of  the  lands  held  adversely  is  obtained  by  agreement, 
or  by  the  proceedings  hereinbefore  mentioned,  there  is  no 
authority  to  construct  a  wharf,  chute  or  pier,  or  to  take 
tolls  thereon.     En.  March  12,  1872. 

Cal.  Rep.  Git.     57,  204. 

Eminent  domain:  Ante,  sec.  44.  See  Code  Civ.  Proc, 
sec.  1237. 


§§  2914-2917  WHARVES,     CHUTES,    AND    PIERS.  686 

§  2914.  Dimensions  of  wharves,  etc.  The  wharf,  chute, 
or  pier  must  not  be  of  a  greater  width  than  seventy-five 
(75)  feet,  and  may  extend  to  navigable  water;  provided, 
that  a  wharf  constructed  upon  any  of  the  navigable  rivers. 
straits,  sloughs,  and  inlets  in  this  state  may  extend  along 
the  shores  for  a  distance  not  exceeding  one  housand  feet, 
but  in  no  case  shall  any  wharf,  chute,  or  pier  extend  into 
the  water  so  far  as  to  obstruct  the  free  navigation  of  the 
water  on  which  the  same  is  situated;  provided,  this  act 
shall  not  applv  to  the  water-fronts  of  incorporated  cities 
and  towns.     En.  March  12,  1872.     Am'd.  1880,  66. 

§  2915.  Francitise,  what  constitutes.  The  orders  grant- 
ing authority,  and  agreements,  contracts,  deeds,  and  de- 
crees of  courts  granting  the  right  of  way  and  other  use 
of  lands,  must  be  file  "  and  recorded  in  the  office  of  the 
recorder  of  the  county  where  the  wharf,  chute,  or  pier  is 
situate,  and  constitutes  the  franchise  of  the  applicant.  The 
fees  of  the  recorder,  as  also  the  fees  of  the  clerk,  sheriff, 
and  other  officers,  for  services  rendered,  must  be  paid  by 
the  applicant.     En.  March  12,  1872. 

§  2916.  Board  of  supervisors  to  fix  rate  of  toils,  etc.  The 
board  of  supervisors  must  fix  the  rate  of  tolls  or  wharf- 
age for  the  use  of  the  wharf,  chute,  or  pier,  annually, 
which  must  not  produce  an  income  of  less  than  fifteen  per 
cent  per  annum,  nor  more  than  twenty-five  per  cent  per 
annum  on  the  fair  cash  value  of  the  wharf,  chute,  or  pier, 
and  on  the  cost  of  repair  and  maintenance  thereof,  exclu- 
sive of  the  amount  paid  for  license  imposed  by  the  next 
section;  such  value  and  cost  of  repair  and  maintenance  to 
be  fixed  by  the  board  of  supervisors  when  levying  the  rates 
of  tolls  or  wharfage,  by  hearing  evidence  and  examining 
the  assessment  rolls  of  the  county.  When  fixed,  the  rates 
must  be  furnished  the  owner,  and  a  printed  or  written  copy 
thereof  conspicuously  posted  on  the  wharf,  chute,  or  pier. 
En.  March  12,  1872.    Am'd.  1875-6,  52. 

§  2917.  License,  and  the  tax  for.  When  the  wharf, 
chute,  or  pier  is  completed,  and  the  tolls  or  wharfage  fixed, 
the  owner  is  entitled  to  a  license  to  take  the  tolls  thereon 
for  the  term  of  one  year,  to  be  issued  by  the  county  audi- 
tor on  the  payment  of  such  license  tax  as  the  board  of  su- 
pervisors may  fix,  which,  except  that  for  the  first  year, 
must  not  be  more  than  ten  per  cent  of  the  gross  receipts 


687  WHARVES,    CHUTES,    AND    PIERS,  §§  2918-2921 

for  tollg  or  wharfage  for  the  previous  year,  to  be  paid  to 
the  county  treasury  for  general  road  purposes.  En.  March 
12,  1872. 

§  2918.  To  keep  in  good  repair.  Any  owner  or  keeper 
of  a  wharf,  chute,  or  pier,  who  takes  toll  or  wharfage  for 
the  use  of  the  same  when  not  in  good  repair,  or  is  unsafe 
or  dangerous,  forfeits  the  sum  of  twenty-five  dollars,  to  be 
recovered  by  order  of  the  board  of  supervisors  granting 
authority  to  construct  it,  for  the  use  of  the  general  road 
fund  of  the  county,  and  is  liable  for  all  damages  occasioned 
thereby.    En.  March  12,  1872. 

§  2919.  Restrictions  on  granting  authority.  No  author- 
ity must  be  granted  under  this  chapter  to  interfere  with 
vested  rights,  nor  to  interfere  with  or  infringe  grants  here- 
tofore made  by  state  authority;  nor  does  authority  to  con- 
struct a  wharf,  chute,  or  pier,  continue  for  a  longer  period 
than  two  years,  unless  the  same  is  within  that  time  com- 
pleted.   En.  March  12,  1872. 

Cal.  Rep.  Cit.     67,  545;   146,  397. 

§  2920.     Cities  and  towns  exempted  and  authorized.     The 

lands  of  the  state  situate  in  the  city  and  county  of  San 
Francisco,  and  those  otherwise  disposed  of  or  situate 
within  the  limits  of  any  incorporated  town  or  city  of  this 
state,  are  excluded  from  the  provisions  of  this  chapter. 
The  municipal  authorities  of  any  incorporated  city  or  town 
other  than  San  Francisco  may  grant  authority  to  construct 
wharves,  chutes,  and  piers,  as  is  herein  provided,  for  the 
board  of  supervisors.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     60,  347. 

§  2921.  Granting  railroad  right  to  construct.  Boards  of 
■supervisors  of  counties  in  this  state  may  grant  to  any 
railroad  corporation  authority  to  construct  a  wharf,  or  pier 
on  or  in  front  of  any  lands  owned  by  it  bordering  on  any 
navigable  bay,  inlet,  lake,  creek,  slough,  or  arm  of  the  sea 
situate  in  or  bounding  their  counties,  respectively,  with 
a  license  to  take  tolls  for  the  use  of  the  same  for  the  term 
of  the  corporate  existence  of  the  said  railroad  corporations, 
not  exceeding  fifty  years  whenever  such  board  finds  the 
use  of  said  wharf  or  pier  necessary  to  the  exercise  of  the 
franchise  of  such  railroad  corporation  for  terminal  purposes 
and  the  same  may  be  granted  without  offering  the  same 


§§  2931,  2932    PROVISIONS    RELATING   TO    PUBLIC    WAYS.  68« 

for  sale.  Nothing  contained  in  this  chapter  shall  be  con- 
strued to  limit  the  powers  of  such  boards  to  grant  the  right 
to  such  railroad  corporations  to  build  and  construct  for 
torminal  purposes  on  and  in  front  of  any  lands  owned  by 
it  any  wharf  or  pier  of  the  width  necessary  for  the  carry- 
ing on  of  the  business  of  such  railroad  at  such  terminal, 
not  to  exceed  one  thousand  (1,000)  feet,  and  to  the  length 
that  it  may  be  desirable  to  construct  the  same,  so  that  it 
may  not  prevent  the  navigation  by  boats  and  vessels  of 
such  navigable  bay,  inlet,  lake,  creek,  slough  or  arm  of 
che  sea;  provided,  that  there  shall  be  excluded  from  the 
operation  of  this  section  any  and  all  territory  and  property 
under  the  jurisdiction  or  control  of  an  incorporated  city 
or  town  or  any  board  of  state  harbor  commissioners.  All 
of  the  provisions  of  this  chapter  not  in  conflict  with  any- 
thing in  this  section  contained  are  hereby  made  applicable 
to  all  proceedings  had  under  this  section.  En.  Stats. 
1899,  234. 


CHAPTER  VI. 

MISCELLANEOUS     PROVISIONS     RELATING     TO     PUBLIC     WAYS 

§  2931.  Laws    of    the    highway. 

§  2932.  Driver    addicted    to    intoxication. 

§  2933.  Notice    to    employer    of   'Jriver's    intoxication. 

§  2934.  Horses   to   be   fastened   while   standing. 

§  2935.  Penalties,    how   and   by   whom   recovered. 

§  2936.  Liability    of    owners    for    damages    done    by   drivers. 

§  2937.  Exceptions    to    preceding    sections. 

§  2938.  Protection    of    bridges. 

§  2931.  Laws  of  the  highway.  When  vehicles  meet,  the 
drivers  of  each  must  turn  seasonably  to  the  right  of  the 
center  of  the  highway,  so  as  to  pass  without  interference, 
under  a  penalty  of  twenty-five  dollars  for  every  neglect,  to 
be  recovered  by  the  party  injured.  Where  the  whole 
breadth  of  a  roadway  is  not  worked,  the  center  of  the 
worked  part  is  to  be  deemed  the  center  of  the  highway. 
In  time  of  snow,  where  there  is  a  beaten  track,  the  center 
of  that  is  to  be  deemed  the  center  of  the  highway.  But 
this  section  does  not  apply  to  vehicles  meeting  cars  run- 
ning on  rails  or  grooved  tracks.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     134,  164. 

§  2932.  Driver  addicted  to  intoxication.  No  person  must 
employ  to  drive  any  vehicle  for  the   conveyance  of  pas- 


689  PROVISIONS    RELATING    TO    PUBLIC    WAYS.     §§  2933-2937 

sengers  upon  any  public  highway,  a  person  addicted  to 
drunkenness,  under  penalty  of  five  dollars  for  every  day 
such  person  is  in  his  employment.     En.  March  12,  1872. 

Intoxication  of  railway  driver,  conductor,  etc.,  or  tele- 
graph operator,  is  misdemeanor:  Pen.  Code,  sec.  391. 

§  2933.     Notice  to  employer  of  driver's   intoxication.     If 

any  driver,  whilst  actually  employed  in  driving  any  such 
vehicle,  is  intoxicated  to  such  a  degree  as  to  endanger 
the  safety  of  his  passengers,  the  owner,  on  receiving  frorh 
any  such  passenger  a  written  notice  of  the  fact,  verified  by 
his  oath,  must  forthwith  discharge  such  driver;  and  if  he 
has  such  driver  in  his  service  within  six  months  after  such 
notice,  he  incurs  a  like  penalty.    En.  March  12,  1872. 

Intoxication  of  certain  employees:  See  Pen.  Code,  sec. 
391. 

§  2934.  Horses  to  be  fastened  while  standing.  The 
driver  of  any  vehicle  used  to  convey  passengers  must  not 
leave  the  horses  attached  thereto  while  passengers  remain 
in  the  same,  without  first  securely  fastening  the  horses  or 
placing  the  lines  in  the  hands  of  some  other  person,  so 
as  to  prevent  their  running,  under  a  penalty  of  twenty 
dollars  for  each  offense.     En.  March  12,  1872. 

§  2935.     Penalties,   how    and   by    whom   recovered.     The 

penalties  provided  by  the  three  preceding  sections  are  to 
be  recovered  by  the  district  attorney  of  the  county  in  which 
the  offender  resides,  for  the  use  of  the  county  road  fund. 
Any  action  for  a  penalty  incurred  under  the  last  section 
must  be  commenced  within  six  months.  En.  March  12,  1872. 

§  2936.     Liability  of  owners  for  damages  done  by  drivers. 

The  owner  of  every  vehicle  running  or  traveling  upon  any 
road  for  the  conveyance  of  passengers,  is  liable  for  all 
damages  to  persons  or  property  done  by  any  person  in  his 
employment  as  a  driver  while  driving  such  vehicle,  whether 
done  willfully  or  negligently,  or  otherwise,  in  the  same 
manner  as  such  driver  would  be  liable.    En.  March  12,  1872. 

Carriers  of  persons:  Civ.  Code,  sees.  2096  et  seq. 

Common  carriers:  Civ.  Code,  sees.  2186  et  seq. 

§  2937.  Exceptions  to  preceding  sections.  Nothing  con- 
tained in  the  six  preceding  sections  must  affect  any  law 

Pol.  Code— 44 


§  2938  IMMIGRATION.  890 

concerning  hackney  coaches  or  carriages  in  any  city,  nor 
affect  laws  or  ordinances  of  any  city  for  the  licensing  or 
regulating  such  coaches  or  carriages.     En.  March  12,  1872. 

§  2938.  Protection  of  bridges.  The  owner  of  any  toll 
bridge,  and  any  plank  road  company  owning  a  bridge  of 
not  less  than  twenty  feet  span,  may  put  up  conspicuously 
at  each  end  of  it  notice  in  these  words  in  large  characters: 
"Five  dollars'  fine  for  riding  or  driving  on  this  bridge 
faster  than  a  walk";  and  whoever  rides  or  drives  faster 
than  a  walk  on  such  bridge  forfeits  to  the  owner  the  sum 
of  five  dollars.    En.  March  12,  1872. 

Fast  driving  or  riding  on  toll  bridges,  fine  for:  Pen. 
Code,  sec.  388. 

TITLE  VII. 

GENERAL  POLICE  OF  THE  STATE. 

Chapter  I.     Immigration,  §§  2949-2969. 

II.     Preservation  of  the  Public  Health,  §§  2978-3064. 

III.  Registry  of  Births,  Marriages  and  Deaths,  §§ 

3074-3084. 

IV.  Dissection,  §§  3093-3095. 

V.  Cemeteries  and  Sepulture,  §§  3105-3111. 

VI.  Lost  and  Unclaimed  Property,  §§  3136-3157. 

VII.  Marks  and  Brands,  §§  3167-3201. 

VIII.  Weights  and  Measures,  §§  3209-3223. 

IX.  Labor  and   Materials  on  Public   Buildings,   §§ 
3233-3235. 

X.  Hours  of  Labor,  §§  3244-3250. 

XI.  Time,  §§  3255-3260. 

XII.  Money  of  Account,   §§  3272-3274. 

XIII.  Auctions,  §§  3284-3324. 

XIV.  Fires  and  Firemen,  §§  3335-3345. 
XV.  Licenses,  §§  3356-3387. 

CHAPTER  I. 

IMMIGRATION. 

§  294fl.  Duties  of  masters  of  vessels  arriving   In   California. 

§  29.')0.  Form    of    report 

9  2951.  Oath   to   be  administered   to  certain  passengers. 

9  2952.  I>ep(TR,    lazarettos  for. 

9  2953.  Additional    bond    in    certain    cases.    (Repealed.) 


691  IMMIGRATION.  .  §§  2949,  2950 

§  2954.  Natiire    of    bond. 

§  2955.  Lepers,    examination    and    disposition    of. 

§  29u6.  Action    on    bond. 

§  2957.  Penalty   for   neglect    to   give   bond. 

§  295S.  Commutation    fund,    where    placed. 

§  2959.  Fines    and    penalties,    lien    on    vessel. 

§  2960.  Other  commutations. 

§  2961.  Commutation    money   to   be   paid   into   state   treasury. 

§  2962.  Certain    vessels    exempted. 

I  2963.  Certain    persons    exempted. 

§  2964.  Powers    and    duties    of    commissioners    of    iinmigratlon. 

§  2965.  Same    and    fees. 

§  2966.  Ex-officio    commissioners. 

§  2967.  Duties    of    district    attorneys.     (Repealed.) 

§  296S.  Bond    of    commissioner. 

§  2969.  Disposition   of   funds. 

§  2949.  Duties  of  masters  of  vessels  arriving  in  Cali- 
fornia. "Within  twenty-four  hours  after  the  arrival  of  any 
vessel  arriving  at  any  of  the  ports  of  this  state,  bringing 
passengers  from  any  place  out  of  this  state,  the  master 
of  such  vessel  must  make  on  oath  to  the  commissioner  of 
immigration  at  such  port  a  written  report.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     76,  122;   79,  89. 

Chinese  immigration  to  be  discouraged:  Const,  Cal.  1879, 
art.  XIX,  sec.  4. 

Importing  foreign  convicts  is  misdemeanor:  Pen.  Code, 
sec.  173.  Separate  prosecution  for  each  person  landed: 
Sec.  175. 

Landing  Chinese  without  permit,  punishment  for:  Pen. 
Code,  sec.  174.  Separate  prosecution  for  each  person 
landed:   Sec.  175. 

§  2950.     Form  of  report.     The  report  must  state: 

1.  The  name,  place  of  birth,  last  residence,  age,  and 
occupation  of  all  such  passengers  who  are  not  citizens,  or 
who  shall  have,  within  the  last  preceding  twelve  months, 
arrived  from  any  country  out  of  the  United  States,  and  who 
have  not  been  examined,  bonded,  or  paid  commutation 
money,  as  provided  in  this  chapiter,  or  have  been  landed 
from  any  such  vessel  at  any  place  during  her  last  voyage, 
or  who  have  gone  on  board  of  any  vessel  with  the  intention 
of  coming  into  this  state,  or  who  may  have  died  during  the 
last  voyage  of  such  vessel;  and, 

2.  Whether  any  of  the  passengers  so  reported  are  lu- 
natic, idiotic,  deaf,  dumb,  blind,  crippled,  infirm,  or  are 
lepers  or  persons  affected  with  any  of  the  diseases  known 
as  leprosy  or  elephantiasis. 


§§  2951-2954  IMMIGRATION.  692 

3.     The   names   and   residences  of  the   owners  of   such 
vessels.     En.  March  12,  1872.     Am'd.  1873-4,  38;  1875-6,  53. 
Subd.  2.     Lepers,  disposition  of:  See  post,  sec.  2952. 

§  2951.     Oath  to  be  administered   lo  certain  passengers. 

The  master  or  commander  of  the  vessel  must  administer 
to  any  passenger  of  foreign  birth,  who  declares  himself  a 

citizen  of  the  United  States,  the  following  oath:   "I  

,  do  solemnly  swear  (or  affirm)  that  I  was  born  in 

;   that  I  am  a    naturalized    citizen    of    the    United 


States;  that  I  was  naturalized  and  received  my  certificate 

of  naturalization  in  the  state  of ,  in  the  year ." 

En.  March  12,  1872. 

§  2952.  Lepers,  lazarettos  for.  It  shall  not  be  lawful  for 
lepers  or  persons  affected  with  leprosy  or  elephantiasis  to 
live  in  ordinary  intercourse  with  the  population  of  this 
state;  but  all  such  persons  shall  be  compelled  to  inhabit 
such  lazarettos  or  lepers'  quarters  as  may  be  assigned  to 
them  by  the  board  of  supervisors  of  the  city  or  county  in 
which  they  shall  be  domiciled  or  settled,  and  the  board 
of  supervisors  are  vested  with  power  and  are  required  to 
make  all  necessary  provisions  for  the  separation,  detention, 
and  care  of  lepers  or  persons  affected  with  leprosy  or 
elephantiasis,  settled  or  domiciled  in  their  respective  cities 
or  counties.  The  superintendent  or  manager  of  all  lepers' 
quarters  under  this  chapter  shall  forward  quarterly  state- 
ments, showing  the  name,  age,  sex,  and  birthplace  of  each 
leper  in  such  quarter,  to  the  secretary  of  state,  who  shall 
keep  a  proper  record  of  such  matters  for  the  information  of 
tue  public.  En.  March  12,  1872.  Rep.  1873-4,  39.  En.  Stats. 
1873-4,  39.     Am'd.  1875-6,  53. 

§  2953.  Additional  bond  in  certain  cases.  (Repealed.) 
En.  March  12,  1872.     Rep.  1873-4,  39. 

§  2954.  Nature  of  bond.  The  bond  required  by  the  next 
preceding  section,  must  be  a  separate  bond  for  each  pas- 
senger, and  the  same  sureties  must  not  be  upon  more  than 
one  bond.  Each  bond  must  be  secured  by  two  or  more 
sufficient  sureties,  residents  of  the  state,  each  of  whom 
must  prove,  before  the  commissioner  of  immigration,  by 
oath  or  otherwise,  indorsed  in  writing  on  such  bond,  that 
he  is  a  freeholder  and  resident  of  the  state,  and  is  worth 
double  the  amount  of  the  penalty  of  the  bond  in  real  estate, 


693  IMMIGRATION  §  2955 

over  and  above  all  his  debts  and  liabilities.  The  bond  may, 
at  the  option  of  the  party,  be  secured  by  mortgage  on  real 
estate,  or  by  the  pledge  and  transfer  of  United  States 
bonds,  or  controller's  warrants  of  this  state  in  any  amount 
sufficient  to  secure  the  same.  En.  March  12,  1872.  Am'd. 
1873-4,  41. 

§  2955.     Lepers,    examination    and    disposition    of.     The 

commissioner  of  immigration  must  satisfy  himself  whether 
or  not  any  person  who  shall  arrive  in  this  state,  by  vessel 
from  any  foreign  port  or  place,  is  a  leper,  or  affected  with 
the  disease  known  as  leprosy  or  elephantiasis,  before  such 
person  shall  mingle  with  the  population  of  the  state.  For 
the  purpose  of  ascertaining  said  fact  the  commissioner  is 
vested  with  the  power  and  authority  to  detain  all  such  per- 
sons on  board  any  such  vessel  so  arriving,  and  to  assign 
the  vessel  to  a  berth  or  anchorage  separate  and  apart  from 
other  vessels,  and  at  a  safe  and  suitable  distance  from  the 
shore,  if  in  his  judgment  it  shall  be  necessary,  until  such 
fact  can  be  fully  ascertained  by  him.  Such  fact  shall  be 
ascertained  by  personal  inspection  and  examination  of 
each  and  every  person  on  board  such  vessel;  and  the  com- 
missioner of  immigration  is  authorized,  empowered,  and  re- 
quired to  make  such  personal  inspection  and  examination 
of  all  persons  so  arriving  by  any  such  vessel,  the  same  to 
be  made  at  such  berth  or  anchorage  as  he  shall,  in  his  dis- 
cretion, assign  to  such  vessel  for  that  purpose,  and  shall 
be  made  before  the  landing  of  any  person  thereupon.  All 
of  such  persons  who,  upon  inspection  and  examination,  are 
found  to  be  lepers,  or  affected  with  the  disease  known  as 
leprosy  or  elephantiasis,  shall  be  taken  in  charge  by  the 
commissioner  of  immigration,  and  placed  in  a  suitable  laz- 
aretto, or  lepers'  quarter,  to  be  provided  or  designated  by 
the  board  of  supervisors,  whenever  necessary  for  that  pur- 
pose, as  hereinbefore  prescribed,  and  there  detained  and 
properly  cared  for,  separate  and  apart  from  the  general 
population  of  this  state,  so  long  as  they,  the  said  lepers, 
shall  elect  to  remain  in  the  state  of  California,  or  until 
they  shall  have  recovered  from  said  disease,  and  no  long- 
er. All  of  such  persons  as  shall  be  found  to  be  free  from 
said  disease  shall  be  allowed  to  depart  and  go  at  their 
will,  without  unnecessary  detention  or  delay,  and  shall  be 
entitled  to  receive  a  certificate  of  the  fact  of  their  freedom 
from  said  disease  from  said  commissioner.  For  his  serv- 
ices in  making  such  examination  and  inspection  the  com- 
missioner of  immigration  shall  demand  and  collect  from 


§  2955  IMMIGRATION.  894 

the  master,  owner,  or  consignee  of  such  vessel  the  sum  of 
seventy  cents  in  U.  S.  gold  or  silver  coin,  for  each  and 
every  person  so  examined  or  inspected,  which  sum,  except 
four  thousand  dollars  a  year  and  expenses  of  oflBce,  shall, 
when  required  for  such  purpose,  be  paid  by  the  commis- 
sioner into  the  said  treasury,  to  be  used  in  the  mainte- 
nance, when  necessary,  of  such  lazarettos  or  lepers'  quar- 
ters as  shall  be  constructed  under  this  law.  Any  master, 
owner,  or  consignee  of  any  vessel  arriving  at  any  port 
of  this  state  who  shall  fail  or  refuse  to  perform,  or  permit 
the  performance  of,  any  of  the  acts  or  things  required 
by  this  chapter,  or  to  take  and  occupy  with  his  vessel  the 
berth  or  anchorage  assigned  for  the  same  by  the  commis- 
sioner, pending  the  examination  and  inspection  herein 
provided  for,  or  who  shall  permit  or  allow  any  person  ar- 
riving in  such  vessel  to  depart  therefrom,  and  to  commu- 
nicate, mingle,  or  associate  with  the  population  of  this 
state  or  any  part  thereof,  until  after  such  examination  and 
inspection  by  the  commissioner  is  had,  shall,  for  every 
such  act  or  omission,  forfeit  to  the  commissioner  of  im- 
migration the  sum  of  one  thousand  dollars  in  U.  S.  gold 
coin,  to  be  sued  for  and  recovered  by  suit  in  any  court  of 
competent  jurisdiction,  and  to  be  applied  in  lilve  manner 
with  the  fees.  And  any  master,  owner,  or  consignee  of 
any  such  A'essel  so  arriving,  who  shall  refuse  or  neglect  to 
pay  or  cause  to  be  paid  to  said  commissioner  the  fee  of 
seventy  cents  for  the  examination  and  inspection  of  each 
and  every  person  so  arriving  in  such  vessel,  shall  forfeit 
to  said  commissioner,  for  each  case,  the  sum  of  five  hun- 
dred dollars  in  U.  S.  gold  coin,  to  be  recovered  and  applied 
as  above.  And  the  commissioner  shall  have  a  lien  upon 
the  vessel,  and  the  same  shall  be  sold  to  pay  any  judgment 
recovered  under  this  act.  The  commissioner  shall  have 
the  power  to  call  in  the  aid  of  the  sheriff  and  all  police 
authorities  to  assist  in  enforcing  this  law.  And  he  may 
appoint  one  or  more  deputies  under  him,  who  shall  be  in- 
vested with  all  the  powers  of  the  commissioner  and  may 
discharge  his  official  duties  when  required  by  him.  The 
commissioner  of  immigration  must  prepare  and  transmit 
to  the  secretary  of  state  quarterly  statements,  certified  un- 
der his  hand  and  seal,  showing  the  name,  age,  sex,  birth- 
place, and  present  residence  of  every  leper,  or  person  af- 
fected with  leprosy  or  elephantiasis,  examined  or  inspected 
by  him,  as  well  as  any  other  information  or  fact  touching 
the  character  and   prevalence  of   said   disease  within  his 


695  IMMIGRATION.  §§  2956-2959 

knowledge.     En.    March    12,    1872.     Rep.    1873-4,    41.     En. 
Stats.  1875-6,  54.     Am'd.  1875-6,  54. 

Cal.  Rep.  Cit.     65,  563;   70,  214;   76,  122;   76,  123. 

Fees  of  commissioner:   See  post,  sec.  2969. 

§  2956.  Action  on  bond.  If  any  person  for  whom  a  bond 
has  been  given  under  this  chapter,  within  the  time  speci- 
fied in  such  bond,  becomes  chargeable  upon  any  city,  town, 
or  county  of  this  state,  an  action  may  be  brought  upon  such 
bond  in  the  name  of  the  people  of  this  state,  by  the  district 
attorney  of  the  county.  The  plaintiff  in  the  action  is  en- 
titled to  recover  upon  such  bond,  from  time  to  time,  so 
much  money,  not  in  the  whole  exceeding  the  penalty  of 
such  bond,  exclusive  of  costs,  as  may  be  sufficient  to  defray 
the  e"xpense  incurred  by  any  such  city,  town,  or  county, 
for  the  maintenance  and  support  of  the  person  for  whom 
the  bond  may  have  been  given.  The  amount  of  such 
recovery  may  be  collected  from  the  sale  of  the  real  estate 
or  other  security  mortgaged,  pledged,  or  deposited  there- 
for, in  conformity  with  this  chapter.    En.  M<arch  12,  1872. 

§  2957.  Penalty  for  neglect  to  give  bond.  If  any  person 
or  consignee  neglects  or  refuses  to  give  any  of  the  bonds 
required  by  this  chapter  within  three  days  after  the  landing 
of  such  passenger,  or  the  indorsement  of  the  commissioner, 
or  does  not  within  that  time  make  the  commutation  au- 
thorized by  section  2955,  he  is  liable  to  the  state  of  Cal- 
ifornia in  the  penal  sum  of  one  thousand  dollars  for  each 
passenger  on  whose  account  such  bond  may  have  been  re- 
quired, or  for  whom  such  commutation  might  have  been 
made  under  this  chapter.     En.  March  12,  1872. 

§  2958.  Commutation  fund,  where  placed.  All  moneys 
received  in  commutation  of  bonds,  and  paid  into  the  state 
treasury,  must  be  placed  to  the  credit  of  the  general  fund. 
En.  March  12,  1872.     Am'd.  1873-4,  132. 

Commutation  of  bonds:  See  post,  sec.  2960. 

§  2959.  Fines  and  penalties,  lien  on  vessel.  For  all  fines 
and  penalties  imposed  by  this  chapter  upon  any  master  or 
commander,  owner  or  consignee,  for  any  omission,  neglect, 
or  refusal  to  perform  any  act  or  duty  required  by  this 
chapter,  such  vessel  is  liable;  and  the  amount  of  such  fines 
or  penalties  are  a  lien  upon  such  vessel,  and  have  priority 
over  all  other  liens,  except  those  for  seamen's  wages, 
bottomry  bonds,  and  respondentia.       Such  penalties     and 


§§  2960.  2961  IMMIGRATION.  698 

fines  may  be  sued  for  and  recovered  in  a  civil  action,  with 
costs  of  suit,  by  the  commissioner,  or  by  liis  authorized 
attorney,  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, in  any  court  having  cognizance  thereof,  and  when 
recovered  must,  after  deducting  the  expenses,  be  paid  into 
the  state  treasury.    En.  March  12,  1872. 

Actions  against  vessels,  etc.:  Code  Civ.  Proc,  sees.  813- 
827. 

Importing  forbidden  persons,  punishment  for:  See  Pen. 
Code,  sees.  173-175. 

§  2960.  Other  commutations.  The  commissioner  may 
compound  or  commute,  for  any  of  the  penalties  or  fines, 
upon  such  terms  as  he  thinks  proper,  and  at  the  end  of 
every  month  report  to  the  controller  of  state  the  reasons 
and  causes  of  su-ch  compounding  or  commutation.  He  may 
also  compound  or  commute,  with  the  owner  or  consignee 
of  any  vessel,  for  any  bond  required  to  be  given  by  such 
owner  or  consignee  for  such  passengers  as  have  been 
paupers  in  any  other  country,  or  who,  from  their  condition 
at  the  time  of  their  arrival  in  this  state,  or  from  sickness 
or  disease  at  the  time  of  their  leaving  the  port  or  depar- 
ture, are  a  public  charge,  or  likely  soon  to  become  so; 
such  commutation  to  be  fixed  by  the  commissioner  at  such 
sum  as  he  may  deem  sufficient  to  defray  the  necessary 
expenses  of  such  persons  during  the  continuance  of  their 
then  sick,  disabled  or  infirm  state.    En.  March  12,  1872. 

§  2961.  Commutation  money  to  be  paid  into  state 
treasury.  The  commissioner  receiving  any  commutation 
money,  or  any  moneys  from  fines  or  penalties,  under  this 
chapter,  must  account  for  and  pay  the  same,  less  twenty 
per  cent,  which  he  may  retain  as  his  compensation,  on  the 
first  Tuesday  of  every  month,  to  the  treasurer  of  state, 
in  the  same  manner  in  which  county  treasurers  account. 
He  must  specify  in  his  account  the  names  of  the  parties 
paying  each  sum  of  money,  the  date  of  such  payment,  for 
what  paid,  or  the  name  of  the  vessel  and  the  number  of 
passengers  on  account  of  whom  it  was  paid,  or  annex 
thereto  an  affidavit  of  its  correctness.  The  commissioner 
must  also  furnish  to  the  parties  paying  any  commutation 
money,  or  any  money  from  other  sources,  receipts  in  dupli- 
cate, specifying  the  amount  paid,  the  name  of  the  vessel, 
and  the  number  of  passengers  on  account  of  whom  or  for 
what  it  was  paid.    En.  March  12,  1872.    Am'd.  1873-4,  41. 

Commutation  money:   See  ante,  sec.  2960. 


697  IMMIGRATION.  9$  2962-2965 

§  2962.  Certain  vessels  exempted.  Masters  of  vessels 
arriving  at  any  of  the  ports  of  this  state  from  any  port  in 
this  state,  or  from  Oregon,  or  Washington  Territory,  are 
exempt  from  making  the  statement  required  by  this  chap- 
ter when  the  vessels  in  which  they  arrive  have  not  taken 
on  board  at  their  port  or  departure,  or  at  any  intermediate 
port,  any  alien  passenger,  to  be  landed  at  the  port  of  ar- 
rival; and  masters  of  vessels  arriving  from  Panama  are 
also  exempted  from  the  provisions  of  this  chapter  when 
they  have  not  landed,  or  are  not  about  to  land,  passengers 
who  took  their  departure  from  ports  other  than  the  port  of 
New  York;  and  in  no  case  must  such  master  be  required 
to  report  any  passenger  other  than  way  passengers  taken 
on  board  between  the  port  of  New  York  and  the  port  of 
arrival  in  this  state.    En.  March  12,  1872. 

§  2963.  Certain  persons  exempted.  The  consuls,  minis- 
ters, agents,  or  other  public  functionaries  of  any  foreign 
government,  arriving  in  this  state  in  their  official  capacity, 
are  exempt  from  the  provisions  of  this  chapter.  En.  March 
12,  1872. 

§  2964.  Powers  and  duties  of  commissioners  of  immigra- 
tion. The  commissioner  of  immigration  must  approve  all 
bonds  and  administer  all  oaths  required  in  the  discharge 
of  his  duties.  Whenever  it  appears  that  the  master  or 
commander  of  any  vessel  has  not  made  a  full  and  correct 
report,  as  provided  by  this  chapter,  the  commissioner  must 
inquire  into  the  same,  and  for  that  purpose  may  require 
the  attendance  of  witnesses  before  him  in  the  same  man- 
ner as  notaries  public  may  in  civil  cases.  Testimony  so 
taken  may  be  read  as  evidence  on  the  trial  of  any  action 
commenced  for  any  penalty  or  forfeiture  accruing  under 
the  provisions  of  this  chapter  in  the  same  manner  and 
with  the  like  effect  as  if  regularly  taken  in  such  action. 
En.  March  12,  1872. 

Notaries  public,  attendance  of  witness  before:  Ante, 
sec.  794,  subd.  3. 

§  2965.  Same  and  fees.  The  commissioner  of  immigra- 
tion must  prepare  all  bonds  required  to  be  given  by  the 
owners  or  consiguees,  masters,  captains,  or  commanders 
of  vessels,  and  administer  the  oaths  to  the  sureties  upon 
such  bonds,  and  for  each  bond  he  may  charge  and  collect 
a  fee  of  three  dollars,  and  for  the  administration  of  each 


§§  2966-2969  IMMIGRATION.  698 

oath  he  may  charge  one  dollar;  and  if  he  neglects  to 
administer  the  oath's  to  such"  sureties,  or  to  require  them 
to  justify  on  each  bond,  as  required  herein,  or  if  he  de- 
mands or  receives  any  other  or  larger  fees,  commissions, 
or  compensation  for  services  than  is  expressly  allowed  in 
this  chapter,  he  shall  pay  to  the  state  of  California  the 
penal  sum  of  one  hundred  dollars  for  each  offense.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.    79,  89. 

Bond  and  sureties:  Ante,  sec.  2954. 

§  2966.  Ex-officio  commissioners.  In  all  the  ports  of 
this  state  other  than  San  Francisco  the  mayor  or  chief 
municipal  officer  at  such  port,  or  if  there  be  none  such, 
then  the  sheriff  of  that  county  is  ex-officio  commissioner  of 
immigration  for  such  port,  and  in  carrying  out  the  pro- 
visions of  this  chapter,  and  has  all  the  powers  and  is  lia- 
ble to  all  the  penalties  provided  herein.  En.  March  12, 
1872. 

§  2967.  Duties  of  district  attorneys.  (Repealed.)  En. 
March  12,  1872.    Rep.  1873-4,  42. 

§  2968.  Bond  of  commissioner.  The  commissioner  of 
immigration  for  the  port  of  San  Francisco  must  execute 
an  official  bond  in  the  sum  of  twenty-five  hundred  dollars. 
En.  March  12,  1872.     Am'd.  1875-6,  55. 

Official  bonds:   See  ante,  sees.  947  et  seq. 

§  2969.  Disposition  of  funds.  All  moneys  received  by 
the  state  controller  from  the  office  of  commissioner  of 
immigration  shall  constitute  a  special  fund,  to  be  desig- 
nated as  "The  Leprosy  Fund."  The  commissioner  of 
immigration  is  hereby  authorized  and  required  to  pay  into 
the  state  treasury,  monthly,  in  the  same  manner  as  county 
trea^^urer's  account,  all  per  capita  fees  collected  by  him, 
and  moneys  derived  from  fines,  penalties  and  forfeitures. 
The  state  controller  is  hereby  authorized  and  required  to 
audit  the  salary  and  office  expenses  of  the  commissioner 
of  immigration  monthly,  the  same  to  be  paid  in  the  con- 
troller's warrants  on  said  special  fund;  provided,  however, 
that  no  such  account  of  salary  and  office  expenses  shall  be 
audited  in  excess  of  the  amount  of  "leprosy  funds"  on 
hand,  and  no  liability  shall  accrue  to  the  state  for  any 
deficiency  relating  thereto. 


699  PRESERVATION    OF   PUBLIC   HEALTH.  §  297S 

Sec.  2.  The  commissioner  of  immigration  shall  not 
appoint  more  than  one  deputy,  and  the  salary  of  said 
deputy  is  hereby  fixed  at  one  hundred  dollars  per  month; 
and  furthermore,  the  governor  is  hereby  authorized  to  sus- 
pend the  payment  for  said  deputy  whenever  the  employ- 
ment of  the  same  may  be  deemed  in  his  judgment  unnec- 
essary. 

Sec.  3.  The  commissioner  of  immigration  shall  hold 
office  during  the  governor's  pleasure. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with  this 
section  are  hereby  repealed.     En.  Stats.  ^1883,  368. 

Cal.  Rep.  Cit.  70,  215;  76,  122;  76,  125;  122,  540;  131. 
204. 

CHAPTER  II. 

PRESERVATION    OF   PUBLIC    HEALTH. 

Article    I.     State   Board   of   Health,    §§    2978-2983. 
II.     Vaccine    Agent,    §§  2993,    2994. 

III.  Health    and    Quarantine   Regulations   for   the   City   and    Har- 

bor  of    San    Francisco,    §§    3004-3035. 

IV.  Health    Regulations    for    the    City    of    Sacramento,     §§    3042 

3049. 
V.     Health    and    Quarantine    of    other    Cities,    Towns,    and    Har- 
bors,   §§    3059-3064. 

ARTICLE  I. 

STATE   BOARD  OF  HEALTH. 

§  2978.    Who   constitute   the   state   board. 
§  2979.     Powers   and   duties   of   board. 

§  2979a.  Same   in   case   of   plague   or   other   infectious  disease. 
§  2980.     To    report   ay   to    the    effect   of   intoxicating   liauors. 
§  2981.     Meetings,   and  election  of  officers. 
§  2982.     Duties   of   secretarj .     Salary   of   secretary. 
§  2983.     Expenses   of,    limited.     (Repealed.) 

§  2984.     Local  boards  of    health;     to    enforce    rules    of    state    board    and 
to  make    monthly    reports. 

§  2978.  Who  constitute  the  state  board.  The  state 
board  of  health  shall  consist  of  seven  duly  licensed  and 
practicing  physicians  of  this  state,  appointed  by  the  gov- 
ernor for  the  term  of  four  years.  En.  March  12,  1872. 
Am'd.   1905,   398. 

State  board  of  health,  legislature  to  provide  for  mainte- 
nance and  efficiency  of:  Const.  Cal.,  art.  XX,  sec.  14.  Re- 
port of:  Ante,  sees.  332,  334.  Number  of  members  com- 
posing: Ante,  sec.  343.  Appointment  and  term:  Ante,  sees. 
368,  subd.  2,  369. 

23 


§  2979  PRESERVATION   OF   PUBLIC   HEALTH.  700 

§  2979.  Powers  and  duties  of  board.  The  state  board  of 
health  shall  examine  into  the  causes  of  communicable  dis- 
eases in  man  and  domestic  animals  occurring  or  likely  to 
occur  in  this  state. 

It  may  quarantine  or  isolate  and  disinfect  persons,  ani- 
mals, property  and  things  of  whatever  nature,  and  houses, 
rooms,  places,  cities  or  localities,  whenever  in  the  judg- 
ment of  said  board  or  pending  its  meeting,  whenever  In 
the  judgment  of  its  executive  officer  such  action  shall  be 
deemed  necessary  to  protect  or  preserve  the  public  health, 
and  said  board  may  destroy  or  cause  to  be  destroyed,  bed- 
ding, carpets,  household  goods,  furnishings  and  materials, 
clothing,  or  animals,  when  in  the  judgment  of  said  board 
or  that  of  its  executive  officer  such  clothing,  furnishings, 
bedding,  goods,  materials  or  animals  are  an  imminent  men- 
ace to  the  public  health. 

It  may  establish  and  maintain  places  of  quarantine  or 
isolation.  > 

It  shall  have  sanitary  control  of  all  public  buildings  or 
places  owned,  leased  or  controlled  by  the  state,  and  no 
officer  or  person  having  charge  of  the  erection  of  any  pub- 
lic building  owned  or  controlled  by  the  state  shall  proceed 
with  the  construction  thereof  until  the  state  board  of 
health  shall,  in  writing,  have  approved  the  plans  and 
specifications  therefor,  in  so  far  as  the  same  may,  in  any 
way,  affect  the  sanitation  ^hereof. 

It  shall  cause  special  investigation  of  the  sources  of  mor- 
tality and  the  effects  of  localities,  employments,  conditions 
and  circumstances  on  the  public  health,  the  preparation  and 
sale  of  drugs  and  food  and  the  adulteration  thereof. 

They  must  perform  such  duties  as  are  or  may  be  required 
by  law  for  the  detection  and  prevention  of  the  adulteration 
of  articles  used  for  food  or  drink,  and  for  the  punishment 
of  persons  guilty  of  violation  of  any  law  providing  against 
such  adulteration. 

It  shall  examine  and  have  power  to  prevent  the  pollution 
of  sources  of  public  domestic  water  and  ice  supply. 

It  shall  have  power  to  prepare  or  purchase  and  distribute 
at  cost  anti-toxins,  vaccine  and  other  approved  serums  and 
lymphs. 

It  shall  maintain  a  bureau  of  vital  statistics  under  the 
supervision  of  its  executive  officer,  where  shall  be  collected 
and  recorded  all  births,  marriages  and  deaths,  burials  and 
cremations  within  the  state.  These  statistics  together  with 


700a  PRESERVATION    OF    PUBLIC    HEALTH.  §  2979 

the  number  of  cases  of  communicable  diseases,  and  such 
further  comparative  statistics  and  information  as  may  be 
deemed  of  vahie  to  scientists,  the  medical  profession,  the 
general  public  and  aid  in  the  maintenance  of  good  health 
conditions  may  be  published  by  the  board  in  such  manner 
and  at  such  times  as  it  may  deem  proper. 

It  shall  have,  power  to  prescribe  and  enforce  regulations 
for  the  embalming,  cremation,  burial,  disinterment  and 
transportation  of  the  dead. 

It  shall  have  power  to  prescribe  the  form  of  certificates 
of  birth  and  death,  and  of  permits  for  burial,  disinterment, 
cremation  and  transportation  of  the  dead,  and  provide 
measures  for  their  observance. 

It  shall  have  power  to  abate  public  nuisances.  It  may 
advise  all  local  health  authorities,  and,  when  in  its  judg- 
ment the  public  health  is  menaced  it  shall  control  and  reg- 
ulate their  action. 

It  shall  have  general  power  of  inspection,  examination, 
quarantine  and  disinfection  within  the  state,  provided,  that 
this  act  shall  in  no  wise  conflict  with  the  enforcement  of 
the  national  quarantine  laws. 

It  shall  have  power  to  commence  and  maintain  all  proper 
ahd  necessary  actions  and  proceedings  for  the  enforcemeu* 
of  its  regulations  and  for  the  protection  and  preservation 
of  the  public  health  and  to  defend  all  actions  and  proceed- 
ings involving  its  powers  and  duties  and  in  all  such  aclions 
or  proceedings  it  shall  sue  and  be  sued  under  the  name  o[ 
the  state  board  of  health. 

It  shall  have  power  to  adopt  and  enforce  rules  and  reg- 
ulations for  the  execution  of  its  duties  under  this  section. 

It  shall  at  each  biennial  session  of  the  legislature  make 
a  report  with  such  c3'-iggesfions  as  to  legislative  action  as  it 
deems  proper.     En.  March  12,  1872.     Am'd.  1905,  398. 

Willful  violation  of  health  laws,  punishment  for:  Pen. 
Code,  sec.  377. 

Failing  to  perform  duty  required  under  laws  for  preser- 
vation of  health,  it  willful,  is  misdemeanor:  Pen.  Code, 
sec.  378. 

Acts  relating  to  state  board  of  health:  See  General 
Laws,  title  Public  Health. 

Act  to  regulate  quarantine:  See  General  Laws,  title 
Quarantine. 

Act  to  provide  for  state  analyst:  See  post.  Appendix, 
title  State  Analyst. 


§§  2979a-2982       PRESERVATION    OF   PUBLIC   HEALTH.  700D 

§  2979a.  Same  in  case  of  plague  or  other  infectious 
disease.  It  is  the  duty  of  every  local  board  of  health,  and 
of  each  of  the  members  thereof,  and  of  every  coroner  and 
other  public  officer  knowing,  or  having  reason  to  believe, 
that  any  case  of  Asiatic  cholera  or  of  bubonic  plague  or  any 
other  contagious  or  infectious  disease  exists  or  has  recent- 
ly existed  within  the  city,  city  and  county,  town,  township 
or  county  of  which  he  is  an  officer,  or  of  which  such  local 
board  of  health  is  an  official  body,  to  take  such  measures 
as  may  be  necessary  to  prevent  the  spread  of  such  disease 
and  to  at  once  report  such  case  to  the  state  board  of  health, 
which  may  thereupon  take  such  measures  as  it  may  deem 
necessary  to  ascertain  whether  such  case  of  cholera  or 
plague,  or  any  other  contagious  or  infectious  disease,  ex- 
ists, or  has  so  existed,  and  to  prevent  the  further  spread 
of  such  contagion,  and  to  that  end  such  state  board  may, 
if  it  deems  proper,  take  possession  and  control  of  the  body 
of  any  living,  or  the  corpse  of  any  deceased,  person  which 
is  or  has  been  afflicted  with  either  of  sucn  diseases,  and 
may  direct  and  take  such  means  as  it  may  deem  expedient 
to  arrest  the  further  spread  of  such  disease  or  diseases. 
En.  Stats.  1901,  99. 

§  2980.     To  report  as  to  the  effect  of  intoxicating  liquors. 

The  board  must  examine  into  and  report  what,  in  their 
best,  judgment,  is  the  effect  of  the  use  of  intoxicating 
liquor  as  a  beverage  upon  the  industry,  prosperity,  happi- 
ness, health,  and  lives  of  the  citizens  of  the  state;  also, 
what  legislation,  if  any,  is  necessary  in  the  premises.  En. 
March   12,   1872. 

§  2981.  IVleetings,  and  election  of  officers.  The  board 
must  meet  at  the  capital  of  the  state,  at  least  once  in  every 
three  months.  They  must  elect  from  their  own  number  a 
president  and  a  permanent  secretary;  the  latter  must  re- 
side at  the  capital,  and  is  their  executive  officer.  No 
member,  except  the  secretary,  receives  any  compensation; 
but  the  actual  traveling  expenses  of  the  members,  while 
engaged  in  the  duties  of  the  board,  are  allowed,  and  paid 
out  of  the  general  fund.     En.  March  12,  1872. 

§  2982.  Duties  of  secretary.  Salary  of  secretary.  The 
secretary  of  the  state  board  of  health  shall  receive  an  an- 
n\ial  salary  of  $3000.00  and  necessary  expenses  incurred 
In  the  performance  of  his  duties.  He  shall  enforce  all  or- 
ders and  regulations  of  the  state  board  of  health,  and  shall 


701  PRESERVATION    OP    PUBLIC    HEALTH.  §§  2983-2993 

vigilantly  observe  sanitary  conditions  throughout  the 
state,  and  take  all  necessary  precautions  to  protect  it  in 
its  sanitary  relations  with  other  states  and  countries. 

He  shall  keep  an  accurate  record  of  the  proceeding's  of 
the  state  board  of  health  and  of  his  own  acts,  and  shall  file 
a  written  report  of  the  same  at  each  regular  meeting.  En. 
March  12,  1872.     Am'd.  1905,  399. 

§  2983.  Expenses  of,  limited.  (Repealed.)  March  12, 
1872.     Rep.  1905,  399. 

§  2984.  Local  boards  of  health  to  enforce  rules  of  state 
board  and  to  make  monthly  reports.  It  shall  be  the  duty 
of  the  board  of  health  of  each  municipality  and  incorporat- 
ed town  within  this  state,  and  of  every  chief  executive 
Iiealth  officer  thereof,  where  there  is  no  municipal  or  town 
board  of  health,  to  enforce  within  such  municipality  and 
incorporated  town  all  orders,  rules  and  regulations  con- 
cerning health  and  quarantine  prescribed  or  directed  by 
the  state  board  of  health;  and  it  shall  be  the  duty  of  such 
board  of  health,  or  chief  executive  health  officer  to  report 
In  writing  to  the  state  board  of  health  on  or  before  the 
fifth  day  of  each  month  all  infectious,  contagious  and  com- 
municable diseases  in  man  or  beast  which  shall  come  to 
their  or  his  knowledge,  upon  blanks  furnished  by  the  state 
board  of  health.  Said  board  of  health,  or  chief  executive 
health  officer,  where  there  is  no  board  of  health,  in  cases 
Df  local  epidemic  of  disease  shall  report  to  the  state  board 
of  health  all  facts  concerning  the  disease  and  the  meas- 
ures taken  to  prevent  or  abate  its  spread,  infection  or 
contagion.  Said  board  of  health,  or  chief  executive  health 
officer  where  there  is  no  board  of  health,  shall  report  to 
the  state  board  of  health  all  violations  of  the  state  health 
laws,  and  of  the  laws  relating  to  the  registration  of  mar- 
riages, births,  and  deaths,  which  shall  come  to  their  or  his 
knowledge.     En.  Stats.  1905,  84. 


ARTICLE  II. 

VACCINE    AGENT. 

§  2993.     Agent   to    obtain   genuine   vaccine    matter. 
§  2994.     Compensation    and    duty   of. 

§  2993.    Agent  to  obtain   genuine  vaccine   matter.     The 
vaccine  agent  must  obtain  a  supply  of  the  genuine  vaccine 


§§  2994-3004      PRESERVATION    OF    PUBLIC    HEALTH.  702 

matter,  and  preserve  '.he  same  for  the  use  and  benefit  of 
the  citizens  of  this  state.    En.  March  12,  1872. 

Act  to  encourage  general  vaccination:  See  General  Laws, 
title  Public  Health. 

§  2994.  Compensation  and  duty  of.  Such  agent  must 
furnish  genuine  vaccine  matter,  approved  by  the  state 
board  of  health,  to  any  regular  practicing  physician  in 
good  standing  in  his  profession  in  this  state.  He  may 
charge  and  receive  for  every  parcel  of  vaccine  matter 
furnished  the  sum  of  five  dollars,  which  is  in  full  com- 
pensation for  his  services  and  expenses.  En.  March  12, 
1872. 

ARTICLE  in. 

HEALTH  AND  QUARANTINE   REGULATIONS   FOR   THE   CITY 
AND  HARBOR  OF  SAN  FRANCISCO. 

§  3004.  Quarantine    groun-ds,    location    of. 

§  SOl'S.  Board   of   health    of    San    Francisco. 

§  3006.  Mayor   ex-ofHcio    president.     Time    of    meeting. 

§  3<X)7.  Health    officer.     His    election. 

§  300S.  Powers   of. 

§  3oy!i.  Appointment   of   certain   officers. 

§  3010.  Compensation   of  officers   and   employees. 

5  3011.  Expenses    of    health    officer. 

§  3012.  General    powers    of   board    of   health. 

§  3013.  Shipmasters  to   report   infected   vessels. 

§  3014.  Passengers   and    freight,    permit   to   land. 

§  3015.  Duties   of   pilots. 

I  20:6.  Penalty    for    neglect    of    masters. 

§  3017.  Vessels   subject    to   quarantine. 

§  3018.  Examination   and   inspection    of   vessels. 

§  3019.  Passengers    not    to   be   landed   without   permit. 

§  3020.  Fees    of   quarantine    officer. 

§  .3021.  Compulsory   vaccination. 

§  3022.  Hospitals    to    be    provided. 

§  3022'/^.  Home   of  Inebriates. 

§  3023.  Records    of   births,    deaths,    and   interments. 

§  3024.  Returns   of    births,    deaths,    etc.,    of   children. 

§  31)25.  No   bodies    to   be   interred   without   permit. 

J  302C.  Return    of   interments   to   be   made. 

§  3027.  Bodies   not   to  be   removed   without   permit. 

§  30:'8.  Nuif^ances    on    premises   of   non-residents. 

§  3029.  Health   officer   to   keep   fee   book. 

§  303U.  Bond   of    health   officer. 

§  3031.  Officers  empowered   to  administer   oaths. 

§  ,3032.  Actions,    in    whose   name  maintained. 

§  3033.  Vacation  of  Infected  and  dangerous  houses. 

§  3o;i4.  Physician    to    report    Infectious   diseases. 

§  3035.  Board   of  health   to  have  charge  of  cemetery. 

§  3004.  Quarantine  grounds,  location  of.  The  quaran- 
tine grounds  of  the  bay  and  harbor  of  San  Francisco  are 
at  the  anchorage  of  Saucelito.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     79,  110;  79,  112;  84,  306;  135,  420. 


703  PRESERVATION'    OF    PUBLIC    HEALTH.         §§  3005-3009 

§  3005.  Board  of  health  of  San  Francisco.  The  board 
of  health  of  the  city  and  county  of  San  Francisco  consists 
ot  the  mayor  of  the  city  and  county  and  four  physicians 
In  good  standing,  residing  in  the  city  and  county  of  San 
Francisco,  appointed  by  the  governor  and  holding  their 
offices  for  the  term  of  five  years.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     79,  110;  79,  112;  84,  307. 

§  3006.     Mayor    ex-officio    president.     Time    of    meeting. 

The  mayor  is  ex-ofRcio  president  of  the  board.  The  board 
must  meet  monthly,  and  at  such  other  times  as  the  presi- 
dent may  direct.  In  the  absence  of  the  president,  the 
board  may  elect  a  chairman,  who  is  clothed  with  the  same 
powers  as  the  president.     En.  March  12,  1872. 

§3007.  Health  officer.  His  election.  The  health  officer 
for  the  city  and  county  and  port  of  San  Francisco  Is  elected 
by  the  board  of  health  and  holds  office  at  its  pleasure. 
He  must  be  a  graduate  of  some  medical  college,  in  good 
standing,  and  must  reside  within  the  city  limits  of  San 
Francisco.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     79,  110;  84,  306. 

§  3008.  Powers  of.  The  health  officer  is  the  executive 
officer  of  the  health  department,  and  he  may,  in  his  dis- 
cretion, cause  the  removal  to  a  hospital  of  any  and  all 
persons,  within  the  limits  of  the  city  and  county  of  San 
Francisco,  infected  with  variola.  En.  March  12,  1872. 
Am'd.  1877-8,  52. 

Cal.  Rep.  Cit.     84,  306. 

§  3009.  Appointment  of  certain  officers.  The  board  of 
health  must  appoint  a  quarantine  officer,  who  shall  be 
a  physician  in  good  standing,  a  secretary,  one  assistant 
secretary,  six  health  inspectors,  one  market  inspector,  and 
one  messenger,  whose  duties  must  be  fixed  by  the  board 
of  health.  They  must  also  appoint  one  superintendent 
physician,  one  resident  physician,  one  steward,  one  ma- 
tron, one  apothecary,  two  visiting  physicians,  two  visiting 
surgeons,  as  officers  of  the  city  and  county  hospital  in 
and  for  the  city  and  county  of  San  Francisco,  one  each 
of  said  visiting  physicians  and  surgeons  to  be  nominated 
by  the  faculty  of  the  medical  department  of  the  Univer- 
sity of  California,  and  one  each  of  said  visiting  physicians 


§  3010  PRESERVATION    OF   PUBLIC    HEALTH.  704 

and  surgeons  to  be  nominated  by  the  medical  college  of 
the  Pacific.  Said  board  may  also  appoint  one  engineer 
fo-  the  city  and  county  hospital.  They  may  also  appoint 
one  superintendent,  one  resident  physician,  one  matron, 
and  such  other  employees  as  are  now  authorized  by  law 
to  be  employed  in  and  for  the  almshouse  of  said  city  and 
county.  They  shall  also  have  power  to  appoint  and  pre- 
scribe the  duties  of  one  city  physician  and  one  assistant 
city  physician,  who  shall  be  designated  as  police  surgeons, 
and  whose  duty  it  shall  be  to  make  all  autopsies  required 
o:  them  by  the  coroner  of  said  city  and  county.  And  said 
board  is  also  empowered  to  appoint  such  employees  and 
such  medical  attendants  as  they  may  deem  necessary  in 
the  health  department,  and  in  all  the  various  institutions 
which  are  by  law  placed  under  their  supervision;  and  the 
compensation  of  such  employees  and  medical  attendants 
shall  be  fixed  by  the  board  of  health.  The  appointing 
power  aforesaid  is  vested  solely  in  said  board  of  health, 
and  said  board  shall  have  power  to  prescribe  the  duties 
of  said  appointees,  and  shall  not  remove  the  same  without 
just  cause.  The  heads  of  departments  appointed  by  the 
board  of  health,  to  wit,  the  health  officer,  resident  physi- 
cian of  city  and  county  hospital,  and  superintendent  of 
almshouse,  shall  not  be  removed  except  by  a  concurrence 
of  four  members  of  said  board  of  health.  En.  March  12, 
1872.  Am'd.  1873-4,  132;  1873-4,  135;  1877-8,  53. 
Cal.  Rep.  Cit.     79,  110;  127,  391;  127,  392;  127,  398. 

§  3010.     Compensation  of  officers    and    employees.     The 

following  annual  salaries  are  hereby  allowed  to  the  officers 
of  the  health  department,  and  such  other  officers  and  em- 
ployees as  are  mentioned  in  the  preceding  section,  viz.: 
Health  officer,  three  thousand  dollars;  quarantine  officer, 
eighteen  hundred  dollars;  secretary,  twenty-one  hundred 
dollars;  assistant  secretary,  twelve  hundred  dollars;  health 
inspector,  twelve  hundred  dollars  each;  market  inspector, 
twelve  hundred  dollars;  messenger,  nine  hundred  dollars; 
city  physician,  eighteen  hundred  dollars;  assistant  city 
physician,  twelve  hundred  dollars;  all  of  said  salaries, 
together  with  the  salaries  of  such  other  employees  of  the 
health  department  as  may  be  appointed  by  the  board  of 
health,  must  be  paid  in  equal  monthly  installments  out  of 
the  general  fund  of  the  city  and  county  of  San  Francisco, 
in  the  same  manner  as  the  salaries  of  the  other  officers 
of  said  city  and  county  are  paid.  There  shall  be  paid 
to  the  officers  and  employees  of  the  city  and  county  hos- 


705  PRESERVATION    OP   PUBLIC   HEALTH.  §§  3011,  3012 

pital  and  almshouse  the  following  annual  salaries,  viz.: 
Superintendent  physician,  twenty-four  hundred  dollars; 
resident  physician,  fifteen  hundred  dollars;  steward,  fif- 
teen hundred  dollars;  matron,  seven  hundred  and  twenty 
dollars;  one  apothecary,  twelve  hundred  dollars;  visiting 
physicians  and  surgeons,  twelve  hundred  dollars  each; 
engineer,  twelve  hundred  dollars;  superintendent  of  alms- 
house, twenty-four  hundred  dollars;  resident  physician  of 
almshouse,  fifteen  hundred  dollars;  matron  of  almshouse, 
seven  hundred  and  tventy  dollars;  and  all  other  medical 
attendants  and  employees  of  said  institutions  are  to  be 
paid  such  sums  as  may  be  authorized  by  law,  and  as  pro- 
vided in  the  preceding  section;  all  to  be  paid  in  equal 
monthly  installments  out  of  the  hospital  and  almshouse 
fund  of  said  city  and  county  of  San  Francisco;  and  the 
auditor  of  Laid  city  and  county  is  hereby  directed  to 
audit  the  said  demands,  payable  out  of  the  funds  aforesaid, 
upon  the  approval  of  the  sane  by  the  said  board  of  health, 
and  also  to  audit  all  demands  for  salaries  of  medical 
attendants  and  employees  appointed  by  the  board  of 
health  in  accordance  with  this  chapter,  for  the  amounts 
authorized  to  be  paid,  when  the  same  shall  have  been 
approved  by  said  board;  and  the  treasurer  of  said  city 
and  county  must  pay  said  demands  out  of  said  funds. 
The  clerlv  of  the  mayor  of  the  city  and  county  of  San 
Francisco  shall  not  receive  any  compensation  as  clerk  of 
the  board  of  health  En.  March  12,  1872.  Am'd.  1873-4, 
133;  1873-4,  135;  1877-8,  53. 

Cal.  Rep.  Cit.     127,  398. 

§  3011.  Expenses  of  health  officer.  The  health  officer, 
in  addition  to  his  salary,  receives  such  sums  for  the  neces- 
sary expenses  of  his  ofiice  as  the  board  of  health  may 
direct,  and  the  auditor  must  audit  and  the  treasurer  pay 
such  sums  out  of  the  general  fund.  The  board  of  super- 
visors must  provide  proper  offices  for  the  health  depart- 
ment.    En.  March  12,  1872. 

§  3012.  General  powers  of  board  of  health.  The  board 
of  health  have  general  supervision  of  all  matters  apper- 
taining to  the  sanitary  condition  of  the  city  and  county, 
including  the  city  and  county  hospital,  the  county  jail,  alms- 
house, industrial  school,  and  all  public  health  institutions 
provided  by  the  city  and  county  of  San  Francisco;  and 
may   adopt   such  orr'iers   and   regulations,  and   appoint  or 

Pol.  Code— 45 


§§  3013-3015         PRESERVATION    OF    PUBLIC    HEALTH.  70*5 

discharge  such  meoieal  attendants  and  employees,  as  to 
tnem  seems  best  to  promote  the  public  welfare;  and  may 
appoint  as  many  health  inspectors  as  they  deem  neces- 
sary in  time  of  eyidemics.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     84,  306;    127,   399. 

§  3013.  Shipmasters  to  report  infected  vessels.  Ship- 
masters bringing  vessels  into  the  harbor  of  San  Francisco, 
and  masters,  owners,  or  consignees  having  vessels  in  the 
harbor  whi'jh  have  on  board  any  cases  of  Asiatic  cholera, 
small-pox,  yellow,  typhus,  or  ship  fever,  must  report  the 
same,  in  writing,  to  the  quarantine  officer  before  landing 
any  passengers,  casting  anchor,  or  coming  to  any  wharf, 
or  as  soon  thereafter  as  they,  or  either  of  them,  become 
aware  of  the  existence  of  either  of  the  diseases  on  board 
of  their  vessels.     En.  March  12,  1872.     Am'd.  1877-8,  54. 

Cal.  Rep.  Cit.     79,  111. 

§  3014.  Passengers  and  freight,  permit  to  land.  No 
captain  or  other  officer  in  command  of  any  vessel  sailing 
under  a  register,  arriving  at  the  port  of  San  Francisco, 
nor  any  owner,  consignee,  agent,  or  other  person  having 
charge  of  such  vessel  must,  under  a  penalty  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  land,  or  permit  to  be  landed,  any  freight,  passen- 
gers, or  other  persons  from  such  vessel  until  he  has 
reported  to  the  quarantine  officer,  presented  his  bill  of 
health,  and  received  a  permit  from  that  officer  to  land 
freight,  passengers,  o:  other  persons.  En.  March  12,  1872. 
Am'd.  1877-8,  54. 

Cal.  Rep.  Cit.     79,  111. 

§  3015.     Duties  of  pilots.     EJvery  pilot  who  conducts  into 

the  port  of  San  Francisco  any  vessel  subject  to  quarantine 
or  examination  by  the  quarantine  officer,  must: 

1.  Bring  the  vessel  no  nearer  the  city  than  is  allowed 
by  law. 

2.  Prevent  any  person  from  leaving,  and  any  communi- 
cation being  made  with  the  vessel  under  his  charge,  until 
the  quarantine  officer  has  boarded  her  and  given  the  neces- 
sary orders  and  directions. 

.3.  Be  vigilant  in  preventing  any  violation  of  the  quar- 
antine laws,  and  report,  without  delay,  all  such  violations 
that  come  to  his  knowledge  to  the  quarantine  officer. 


707  PRESERVATION    OF   PUBLIC    HEALTH.        |S  3016-3018 

4.  Present  the  master  of  the  vessel  with  a  printed  copy 
of  the  quarantine  laws,  unless  he  has  one. 

5.  If  the  vessel  is  subject  to  quarantine,  by  reason  of 
infection,  place  at  the  mast-head  a  small  yellow  flag.  En. 
March  12,  1872.     Am'd.  1877-8.  54. 

§  3016.  Penalty  for  neglect  of  masters.  Every  master 
of  a  vessel  subject  to  quarantine  or  visitation  by  the 
quarantine  officer,  arriving  in  the  port  of  San  Francisco, 
who  refuses  or  neglects  either: 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place 
assigned  for  quarantine,  when  legally  directed  so  to  do;  or, 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the 
quarantine  officer,  and  furnish  all  necessary  information 
to  enable  that  officer  to  determine  what  quarantine  or 
other  regulations  they  ought  respectively  to  be  subject;  or, 

3.  To  report  all  cases  of  disease  and  of  deaths  occurring 
on  his  vessel,  and  to  comply  with  all  the  sanitary  regula- 
tions of  the  bay  and  harbor — 

Is  liable  in  the  sum  of  five  hundred  dollars  for  every 
such  neglect  or  refusal.  En.  March  12,  1872.  Am'd.  1877-8, 
55. 

Like  failure  by  master,  punishment  for:  Pen.  Code,  sec. 
376. 

Acts  relating  to  quarantine:  See  General  Laws,  title 
Quarantine. 

§  3017.  Vessels  subject  to  quarantine.  All  vessels  ar- 
riving off  the  port  of  San  Francisco  from  ports  which  have 
been  legally  declared  infected  ports,  and  all  vessels  arriv- 
ing from  ports  where  there  is  prevailing  at  the  time  of 
their  departure,  any  contagious,  infectious,  or  pestilential 
•diseases,  or  vessels  with  decaying  cargoes,  or  which  have 
unusually  foul  or  offensive  holds,  are  subject  to  quarantine, 
and  must  be,  by  the  master,  owner,  pilot  or  consignee, 
reported  to  the  quarantine  officer  without  delay.  No  such 
vessel  must  cross  a  right  line  drawn  from  Meiggs'  Wharf 
to  Alcatraz  Island  until  the  quarantine  officer  has  boarded 
her  and  given  the  order  required  by  law.  En.  March  12, 
1872.     Am'd.  1877-8,  55. 

Cal.  Rep.  Cit.     79,  111. 

§  3018.  Examination  and  inspection  of  vessels.  The 
quarantine    officer    must    board    every    vessel    subject    to 


5§  3079-3021        PRESERVATION    OP    PUBLIC    HEALTH.  1<» 

quarantine  or  visitation  bj^  him,  immediately  on  her  ar- 
rival, make  such  examination  and  inspection  of  vessel, 
books,  papers,  or  cargo,  or  of  persons  on  board,  under 
oath,  as  he  may  judge  expedient,  and  determine  whether 
the  vessel  should  be  ordered  to  quarantine,  and  if  so, 
the  period  of  quarantine.  En.  March  12,  1872.  Am'd. 
1877-8,  55. 

§  3019.     Passengers    not    to    be    landed    without    permit. 

No  captain  or  other  officer  in  comman^d  of  any  passenger- 
carrying  vessel  of  more  than  one  hundred  and  fifty  tons 
burden,  nor  of  any  vessel  of  more  than  one  hundred  and 
fifty  tons  burden,  having  passengers  on  board,  nor  any 
owner,  consignee,  agent,  or  other  person  having  charge 
of  such  vessel  or  vessels,  must,  under  a  penalty  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  lan'd  or  permit  to  be  landed,  any  passenger  from 
the  vessel  until  he  has  presented  his  bill  of  health  to  the 
quarantine  officer  and  received  a  permit  from  that  office" 
to  land  such  passenger,  except  in  such  cases  as  the  quar- 
antine officer  deems  it  safe  to  give  the  permit  before  seeing 
the  bill  of  health.     En.  March  12,  1872.     A-m'd.  1877-8,  55. 

§  3020.  Fees  of  quarantine  officer.  The  following  fees 
may  be  collected  by  the  quarantine  officer:  For  giving  a 
permit  to  land  freight  or  passengers  or  both,  from  any 
sailing  vessel  of  less  than  five  hundred  tons  burden,  from 
any  port  out  of  this  state,  two  dollars  and  fifty  cents; 
over  five  hundred  and  under  one  thousand  tons  burden, 
five  dollars;  each  additional  one  thousand  tons  burden 
or  fraction  thereof,  an  additional  two  dollars  and  fifty 
cents;  for  steam  vessels,  propelled  in  whole  or  in  part  by 
steam,  of  one  thousand  tons  burden  or  less,  five  dollars, 
and  two  dollars  and  fifty  cents  for  each  additional  one 
thousand  tons  burden  or  fraction  thereof;  but  vessels 
not  propelled  in  whole  or  in  part  by  steam,  sailing  to 
and  from  any  port  or  ports  of  the  Pacific  States,  of  the 
United  States,  or  tei'ritories,  and  whaling  vessels,  enter- 
ing the  harbor  of  San  Francisco,  are  excepted  from  the 
provisions  of  this  section.  En.  March  12,  1872.  Am'd. 
1877-8,  56. 

§  3021.  Compulsory  vaccination.  The  board  of  health 
may  enforce  compulsory  vaccination  on  passengers  in  in- 
fected ships  or  coming  from  infected  ports.  En.  March 
12,  1872. 


709  PRESERVATION   OF   PUBLIC   HEALTH.        §§  3022-3022V2 

§  3022.  Hospitals  to  be  provided.  The  board  of  health 
may  provide  suitable  hospitals,  to  be  situated  at  or  near 
Saucelito,  and  furnish  and  supply  the  same  with  nurses 
and  attaches,  and  remove  thereto  all  persons  afflicted  with 
cholera,  smallpox,  yellow,  typhus,  or  ship  fever.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     79,  111. 

§  3022%.  Home  of  inebriates.  First— The  board  of 
supervisors  of  any  county,  or  city  and  county,  where  land 
has  heretofore  been  reserved,  set  apart,  and  designated 
by  said  board  of  supervisors,  or  a  committee  of  said  board, 
for  public  use  as  a  home  for  inebriates,  shall  cause  to 
be  erected  before  August  first,  one  thousand  eight  hundred 
and  ninety-six,  a  suitable  hospital  and  home  for  the  care 
and  treatment  of  dipsomaniacs  and  inebriates,  and  pro- 
vide for  the  furnishing  and  maintenance  of  the  same. 
The  plans  of  construction  of  said  hospital  and  home  must 
be  drawn  under  the  direction  of  the  board  of  health  of 
said  county,  or  city  and  county. 

Second— When  the  building  or  buildings  constructed 
under  the  provisions  of  this  section  are  so  far  completed 
that  in  the  opinion  of  the  board  of  health  of  said  county, 
or  city  and  county,  commitments  may  properly  be  mads 
thereto,  said  board  of  health  shall  so  notify  the  magistrates 
of  the  said  county,  or  city  and  county;  and  thereafter 
the  said  magistrates  may  commit  to  said  hospital  and 
home,  for  a  term  not  exceeding  one  year,  any  person 
given  to  dipsomania  or  inebriety,  whether  in  public  or 
private,  and  who  in  his  opinion,  is  a  proper  subject 
for  its  treatment  or  custody;  provided,  however,  that 
no  such  person  shall  be  so  committed  until  satisfactory 
evidence  shall  be  furnished  to  the  magistrate  before  whom 
the  proceedings  for  commitment  are  had,  that  such  per- 
son or  persons  are  not  of  bad  repute  or  of  bad  character, 
apart  from  their  habits  of  inebriety;  and  in  all  proceed- 
ings relative  to  the  commitment  of  any  such  person,  it 
shall  be  specifically  alleged  that  they  are  either  dipso- 
maniacs or  inebriates,  as  the  case  may  be. 

Third — When  it  shall  appear  to  the  medical  superin- 
tendent and  the  said  board  of  health  that  any  person  or 
persons  held  in  said  hospital  and  home  will  not  continue 
to  be  subject  to  dipsomania  or  inebriety,  or  will  be  suffi- 
ciently provided  for  by  themselves  or  their  guardians, 
relatives,  or  friends,  they  may  issue  to  them  a  permit  to 


§  3022%  PRESERVATION    OF    PUBLIC    HEALTH.  ao 

be  at  liberty,  upon  such  conditions  as  they  may  deem 
best,  and  they  may  revoke  sai'd  permit  at  any  time  pre- 
vious to  its  expiration.  The  violation  by  the  holder  of 
such  permit  of  any  of  the  terms  or  conditions  of  the 
same  shall  of  itself  make  said  permit  void.  When  a 
permit  becomes  void  in  any  manner,  the  medical  super- 
intendent, or  a  member  of  the  board  of  health,  may  issue 
an  order  authorizing  the  arrest  of  the  holder  or  holders 
of  such  permit  and  their  return  to  the  hospital  and  home, 
and  such  order  of  arrest  may  be  served  by  any  officer 
authorized  to  serve  criminal  process  in  any  county,  or 
city  and  county,  of  this  state.  Any  person  at  liberty 
from  the  hospital  and  home  upon  a  permit,  as  aforesaid, 
may  voluntarily  return  to  the  hospital  and  home  and  put 
himself  in  the  custody  of  the  medical  superintendent. 
The  holder  of  said  permit,  when  returned  to  said  hospital 
and  home,  as  aforesaid,  whether  voluntarily  or  otherv/ise, 
shall  be  detained  therein  according  to  the  term  of  his 
original  commitment.  Such  inmates  of  said  hospital  and 
home  as  are  able  to  pay  for  their  board  shall  be  charged 
for  the  same. 

Fourth — The  board  of  health  of  said  county,  or  city 
and  county,  shall  provide  for  the  management  and  govern- 
ment of  said  hospital  and  home  for  dipsomaniacs  and 
inebriates.  The  said  board  of  health  must  appoint  a 
medical  superintendent  of  said  hospital  and  home,  and 
furnish  or  supply  the  same  with  nurses  and  attaches. 
The  medical  superintendent  shall  be  an  elector  of  the 
county,  or  city  and  county,  a  regular  graduate  of  medicine, 
licensed  to  practice,  and  not  less  than  thirty-five  years 
of  age,  who  shall  have  for  a  period  of  at  least  one  year 
prior  to  his  appointment,  devoted  his  special  professional 
attention  to  the  treatment  of  dipsomania  and  inebriety 
as  physician  to  a  public  or  private  home,  hospital,  asy- 
lum, or  sanitarium  for  the  care  and  treatment  of  dip- 
somaniacs and  inebriates.  The  medical  superintendent 
shall  receive  an  annual  salary  of  three  thousand  dollars, 
and  shall  be  paid  in  equal  monthly  installments  out  of  the 
general  fund  of  said  county,  or  city  and  county,  in  the 
same  manner  as  the  salaries  of  the  other  oflBcers  of  said 
county,  or  city  and  county,  are  paid.  Said  medical  super- 
intendent shall  not  be  removed  by  the  said  board  of  health 
except  for  good  cause,  duly  set  forth  in  a  complaint,  filed 
with  the  secretary  of  said  board,  a  copy  of  which  must 
be  served  upon  said  medical  superintendent,  and  an  op- 
portunity given  him  to  be  heard  in  his  defense. 


711  PRESERVATION    OF    PUBLIC    HEALTH.        §§  3023,  3025 

Sec.  2.  The  act  entitled  "An  act  relating  to  the  home 
of  the  inebriate,  of  San  Francisco,  and  to  prescribe  the 
powers  and  duties  of  the  board  of  managers  and  the 
officers  thereof,"  approved  April  first,  one  thousand  eight 
hundred  and  seventy,  and  all  acts  or  parts  of  acts  in  con- 
flict with  the  provisions  of  this  act  are  hereby  repealed. 
En.  Stats.  1895.  201. 

§  3023.-    Records  of  births,  death,  and   interments.     The 

health  officer  must  keep  a  record  of  all  births,  death, 
and  intei'ments  occurring  in  the  city  and  county  of  San 
Francisco.  Such  records,  when  filed,  must  be  deposited 
in  the  office  of  the  county  recorder,  and  produced  when 
required  for  public  inspection.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     77,  440. 

§  3024.     Returns   of    births,    deaths,     etc.,    of    children, 

Physicians  and  midwives  must,  on  or  before  the  fourth 
day  of  each  month,  make  a  return  to  the  health  officer 
of  all  births,  deaths,  and  the  number  of  still-born  children 
occurring  in  their  practice  during  the  preceding  month. 
In  the  absence  of  such  attendants,  the  parent  must  make 
such  report  within  thirty  days  after  the  birth  of  the 
child.  Such  returns  must  be  made  in  accordance  with 
rules  adopted,  and  upon  blanks  furnished  by  the  board  of 
health.     En.   March   12,    1872.     1877-8,   56. 

Cal.  Rep.  Cit.     84,  309. 

§  3025.  No  bodies  to  be  interred  without  permit.  No 
person  shall  deposit  in  any  cemetery,  or  inter  in  the  city 
and  county  of  San  Francisco,  any  human  body,  with- 
out first  having  obtained  and  filed  with  the  health  officer 
a  certificate  signed  by  a  physician  or  midwife,  or  a 
coroner,  setting  forth,  as  near  as  possible,  the  name, 
age,  color,  sex,  place  of  birth,  occupation,  date,  locality, 
and  the  cause  of  death  of  the  deceased,  and  obtain  from 
such  health  officer  a  permit;  nor  shall  aty  human  body 
be  removed  or  disinterred  without  the  permit  of  the 
health  officer,  or  by  order  of  the  coroner.  Physicians, 
when  deaths  occur  in  their  practice,  must  give  the  cer- 
tificate herein  mentioned.  Hereafter  it  shall  be  the  duty 
of  the  assistant  city  physician,  or  police  surgeons,  to 
perform  all  autopsies  which  may  be  required  in  the 
coroner'?  office  of  the  city  and  county  of  San  Francisco, 


§§  3026-3028      PRESERVATION   OF   PUBLIC   HB3ALTH.  712 

all  such  autopsies  being  made  without  charge  to  the  city. 
It  shall  be  the  duty  of  the  health  oflacer  to  see  that 
the  dead  body  of  a  human  being  is  not  allowed  to  re- 
main in  any  public  receiving  vault  for  a  longer  peiiod 
than  five  days.  At  the  expiration  of  that  time  he  shall 
cause  the  body  to  be  placed  in  a  vault  or  niche  constructed 
of  brick,  stone,  or  iron,  and  hermetically  sealed.  It  shall 
also  be  his  duty  to  require  all  persons  having  in  charge 
the  digging  of  graves  and  burial  of  the  dead  to  .see  that 
the  body  of  no  human  being  who  had  reached  ten  years 
of  age  shall  be  interred  in  a  grave  less  than  six  feet  deep, 
or,  if  under  the  age  of  ten  years,  the  grave  to  be  not  less 
than  five  feet  deep.     En.  March  12,  1872.    Am'd.  1877-8,  56. 

Cal.  Rep.  Cit.     84,  306;   84,  307;   84,  309. 

§  3026.  Return  of  interments  to  be  made.  Superin- 
tendents of  cemeteries,  within  the  boundaries  of  the  city 
and  county  of  San  Francisco  must  return  to  the  health 
officer,  on  each  Monday,  the  names  of  all  persons  interred 
or  deposited  within  their  respective  cemeteries  for  the 
preceding  week.    En.  March  12,  1872.     Am'd.  1877-8,  57. » 

§  3027.     Bodies  not  to  be  removed  without  permit.     No 

superintendent  of  a  cemetery  can  remove  or  cause  to 
be  removed,  disinter  or  cause  to  be  disinterred,  any  corpse 
that  has  been  deposited  in  the  cemetery,  without  a  permit 
from  the  health  officer,  or  by  order  of  the  coroner.  En. 
March  12,  1872. 

Violating  sepulture  and  the  remains  of  the  dead:  See 
Pen.  Code,  sees.  290  et  seq. 

§  3028.  Nuisances  on  premises  of  non-residents.  When- 
ever a  nuisance  shall  exist  on  the  property  of  any  non- 
resident cr  any  property,  the  owner  or  owners  of  which 
cannot  be  found  by  either  health  inspector,  after  diligent 
Bearch,  or  on  the  property  of  any  owner  or  owners,  upon 
whom  due  notice  may  have  been  served,  and  who  shall, 
for  three  days,  refuse  or  neglect  to  abate  the  same,  or 
on  any  city  property,  it  shall  be  the  duty  of  the  board 
of  health  to  cause  the  said  nuisance  to  be  at  once  re- 
moved or  abated,  and  to  draw  upon  the  general  fund  for 
Buch  sums  as  may  be  required  for  its  removal  or  abate- 
ment, not  to  exceed  two  hundred  dollars;  provided,  that 
whenever  a  larger  expenditure  is  found  necessary  to  be 


713  PRESERVATION   OP   PUBLIC    HEALTH.      §§  3029,  3030 

made  for  the  removal  of  suppression  of  any  nuisance, 
the  board  of  supervisors  of  said  city  and  county  shall, 
upon  the  written  application  of  the  board  of  health,  by 
ordinance,  appropriate,  allow,  and  order  paid  out  of  the 
general  fund,  such  sum  or  sums  as  may  be  necessary  for 
that  purpose,  and  the  auditor  shall  audit,  and  the  treasurer 
shall  pay  all  appropriations  of  money  made  in  pursuance 
of  this  section,  in  the  same  manner  as  is  now  provided 
by  law  for  auditing  and  paying  demands  upon  the  treas- 
ury; said  sum  or  sums  so  paid  shall  become  a  lien  on  the 
property  from  which  said  nuisance  has  been  removed  or 
abated  in  pursuance  of  this  section,  and  may  be  recovered 
by  an  action  against  such  property.  And  it  shall  be  the 
duty  of  the  city  and  county  attorney  to  foreclose  all  such 
liens  in  the  proper  court,  in  the  name  of  and  for  the 
benefit  of  said  city  and  county,  and  when  the  property  is 
sold  enough  of  the  proceeds  shall  be  paid  into  the  city 
and  county  treasury  to  satisfy  the  lien  and  costs,  and 
the  overplus,  if  any  there  be,  shall  be  paid  to  the  owner 
of  the  property,  if  he  be  known,  and  if  not,  then  into 
the  court  for  his  use  when  ascertained.  The  board  of 
health  is  hereby  vested  with  power  to  act  upon,  define, 
determine,,  and  adjudge  what  shall  constitute  a  nuisance 
in  said  city  and  county,  and  to  require  the  same  to  be 
abated  in  a  summary  manner.  Any  person  who  main- 
tains, permits,  or  allows  a  nuisance  to  exist  upon  his  or 
her  property  or  premises,  after  the  same  has  been  deter- 
mined by  said  board  to  be  a  nuisance,  and  after  notice  to 
remove  the  same  has  been  served  upon  such  person,  is. 
guilty  of  a  misdemeanor,  and  shall  be  punished  accord- 
ingly; and  each  day  of  such  existence,  after  notice,  shall 
be  deemed  a  separate  and  distinct  offense,  and  it  is  the 
duty  of  the  health  officer  to  prosecute  all  persons  guilty 
of  violating  this  law  by  continuous  prosecutions  until  the 
same  is  abated  and  removed.  En.  March  12,  1872.  Am'd. 
1877-8,   57. 

§  3029.  Health  officer  to  keep  fee  book.  The  health 
officer  must  keep  in  his  office  a  book  in  which  he  must 
make  an  entr  of  all  fees  collected  by  him.  He  must  pay 
all  fees  collected  to  the  city  and  county  treasurer  weekly, 
to  the  credit  of  the  general  fund.    En.  March  12,  1872. 

§  3030.  Bond  of  health  officer.  The  health  officer  must 
execute  an  official  bond,  to  be  approved  by  the  board  of 


§§  3031-3034       PRESERVATION    OF   PUBLIC    HEALTH.  714 

health,   in   the  sum   of   ten   thousand   dollars.     En.  'March 
12,  1872. 
Official  bonds:   Ante,  sees.  947  et  seq. 

§  3031.  Officers  empowered  to  administer  oaths.  Any 
members  of  the  board  of  health,  health  oflBcer,  or  quaran- 
tine officer,  or  secretary,  or  assistant  secretary,  of  the 
health  department,  is  empowered  to  administer  oaths  on 
business  connected  with  that  department.  En.  March  12, 
1872.     Am'd.   1877-8,   58. 

§  3032.  Actions,  in  whose  name  maintained.  Whenever 
any  cause  of  action  arises  under  any  of  the  provisions  of 
this  chapter,  suit  may  be  maintained  therein,  in  the  name 
of  the  health  officer,  in  any  district  court  of  this  state. 
En.  March  12,  1872. 

§  3033.  Vacation  of  infected  and  dangerous  houses. 
Whenever  it  shall  be  certified  to  the  board  of  health,  by 
the  health  officer,  that  any  building,  or  part  thereof,  is 
unfit  for  human  habitation,  by  reason  of  its  being  so  in- 
fected with  disease  as  to  be  likely  to  cause-  sickness 
among  the  occupants,  or  by  reason  of  its  want  of  repair 
has  become  dangerous  to  life,  said  board  may  issue  an 
order,  and  cause  the  same  to  be  affixed  conspicuously  on 
the  building,  or  part  thereof,  and  to  be  personally  served 
upon  the  owner,  agent,  or  lessee  of  the  same  can  be 
£ound  in  this  state,  requiring  all  persons  therein  to 
vacate  such  building,  for  the  reasons  to  be  stated  therein 
as  aforesaid.  Such  building,  or  part  thereof,  shall,  within 
ten  days  thereafter  be  vacated,  or  within  such  shorter  time, 
not  less  than  twenty-four  hours,  as  in  said  notice  may 
be  specified;  but  said  board,  if  it  shall  become  satisfied 
that  the  danger  from  said  house,  or  part  thereof,  has 
ceased  to  exist,  may  revoke  said  order,  and  it  shall  thence- 
forward become  inoperative.     En.  Stats.  1877-8,  58. 

§  3034.  Physician  to  report  infectious  diseases.  One — ■ 
Every  physician  in  the  city  and  county  shall  report  to  the 
health  officer,  in  writing,  every  patient  he  shall  have 
laboring  under  Asiatic  cholera,  variola,  diphtheria,  or 
scarlatina,  immediately  thereafter,  and  report  to  the 
same  officer  every  case  of  death  from  such  disease,  im- 
mediately after  it  shall  have  occurred. 


715  PRESERVATION    OF    PUBLIC    HEALTH.         §§  3035-3014 

Two — Every  household  in  said  city  and  county  shall 
forthwith  report,  in  writing,  to  the  health  oflBcer,  the  name 
of  every  person  boarding  on  or  an  inmate  at  his  or  her 
house,  whom  he  or  she  shall  have  reason  to  believe  sick 
of  cholera  or  smallpox,  and  any  deaths  occurring  at  his 
or  her  house  from  such  disease.    En.  Stats.  1877-8,  58. 

§  3035.  Board  of  health  to  have  charge  of  cemetery. 
The  board  of  health  shall  have  entire  charge  of  the  city 
cemetery,  and  shall  employ  a  superintendent,  at  a  salary 
of  seventy-five  dollars  per  month,  the  same  to  be  paid  as 
the  salaries  of  other  employees  are  paid.  En.  Stats.  1877- 
8,  59. 

Cal.  Rep.  Cit.     84,  306;  131,  174. 


ARTICLE   IV. 

HEALTH    REGULATIONS     FOR    THE    CITY    OF    SACRAMENTO. 

§  3042.  Board   of   health,    who  and   how   appointed. 

§  3043.  Teim   of   office. 

§  3044.  Powers    of    the   board   of   health. 

§  3045.  Pest   houses,    how    located   and   conducted. 

§  3046.  Death    records. 

§  3047.  Enforcement   of   regulations.    Health   officer. 

§  304S.  Expenses,     how    paid.    ' 

§  31149.  Compensation,     how    fixed. 

§  3042.  Board  of  health,  who  and  how  appointed.  The 
board  of  trustees  of  the  city  of  Sacramento  may  establish 
by  ordinance  a  board  of  health  therefor,  to  consist  of 
five  practicing  physicians,  graduates  of  a  medical  college 
of  recognized  respectability;  and  the  president  of  the 
board  of  trustees  is  ex-ofiicio  president  of  the  board.  En. 
March  12.  1872. 

§  3043.  Term  of  office.  The  members  of  the  board  hold 
their  offices  at  the  pleasure  of  the  appointing  power.  En. 
March  12.  1872. 

§  3044.  Powers  of  the  board  of  health.  The  board  of 
health  of  the  city  of  Sacramento  has  a  general  supervision 
of  all  the  matters  appertaining  to  the  sanitary  condition 
of  the  city,  and  may  make  such  rules  and  regulations  in 
relation  thereto  as  are  not  inconsistent  with  law.  En. 
March  12,  1872. 


§§  3045-3059        PRESERVATION    OF    PUBLIC    HEALTH.  «         716 

§  3045.  Pest  houses,  how  located  and  conducted.  The 
board  of  health  may  locate  and  establish  pest  houses, 
and  cause  to  be  removed  thereto,  and  kept,  any  person 
having  a  contagious  or  infectious  disease;  may  discontinue 
or  remove  the  same,  and  make  such  rules  and  regula- 
tions regarding  the  conduct  of  the  same  as  are  needful. 
En.  March  12,  1872. 

§  3046.  Death  records.  The  board  of  health  must  ex- 
ercise a  general  supervision  over  the  death  records  of 
the  city  of  Sacramento,  and  may  adopt  such  forms  and 
regulations  for  the  use  and  government  of  physicians, 
undertakers,  and  superintendents  of  cemeteries,  as  in  their 
judgment  may  be  best  calculated  to  secure  reliable  statis- 
tics of  the  mortality  in  the  city  and  prevent  the  spread  of 
disease.     En.  March  12,  1872. 

§  3047.  Enforcement  of  regulations.  Health  officer. 
The  board  of  trustees  of  the  city  of  Sacramento  must,  by 
ordinance  or  otherwise,  provide  for  enforcing  such  orders 
and  regulations  as  the  board  of  health  may  from  time  to 
time  adopt;  and  in  times  of  epidemics,  or  when  deemed 
necessary  by  the  board  of  health,  a  health  ofllcer  must 
be  employed  to  enforce  the  laws  in  relation  to  the  sanitary 
condition  of  the  city.     En.  March  12,  1872. 

§  3048.  Expenses,  how  paid.  All  expenses  necessarily 
incurred  in  carrying  out  the  provisions  of  this  article 
must  be  provided  for  by  the  board  of  trustees  of  the  city 
of  Sacramento,  who  may  make  appropriation  therefor  out 
of  the  special  street  fund,  if  the  same  is  suflBcient;  if  not, 
they  may,  by  taxation  provide  a  fund  therefor.  En.  March 
12,  1872. 

§  3049.  Compensation,  how  fixed.  Tne  board  of  trustees 
must  fix  the  compensation  of  the  board  of  health  and  the 
health  officer.     En.  March  12,  1872. 

ARTICLE  V. 

IlKALTH    AND    QUARANTINE    OF    OTHER    CITIES.     TOWNS,     AND 
HARBORS. 

§  .'i05U.  Boards   of   supervisors,    may   adopt   article    III. 

§  ;iO(W.  Hoards    of    supervisors    may    adopt    article    IV. 

§  30G1.  Board   of   healtli   establislied    in   towns   and   cities. 

§  3061*.  May  appoint  health  officer  in   lieu  of  board. 

§  3003.  Per  capita  or  property  tax,   how  levied. 

§  3064.  Compensation. 

§  3059.  Boards  of  supervisors,  may  adopt  article  III. 
The  board   of  supervisors  of  any  county  in   which  there 


717  PRESERVATION   OF  PUBLIC   HEALTH.       §§  3060,  3061 

is  a  port  of  entry  or  harbor,  for  which  there  is  not 
otherwise  provided  health  and  quarantine  regulations,  may 
by  an  ordinance  adopt  the  whole  or  any  part  of  the  pro- 
visions of  article  III  of  this  chapter,  appoint  a  board  of 
health,  or  health  officer,  locate  quarantine  grounds  when 
necessary  and  provide  for  the  enforcement  of  health  and 
quarantine  regulations.     En.  March  12,  1872. 

Local  adaptation  of  health  and  quarantine  regulations: 
See  post,  sec.  4046,  subd.  20. 

§  3060.  Boards  of  supervisors,  may  adopt  article  IV. 
In  like  manner  the  board  of  supervisors  of  any  county  in 
which  there  is  an  unincorporated  city  or  town,  for  which 
there  is  not  otherwise  provided  a  board  of  health  or 
health  regulations  in  time  of  epidemics,  or  the  existence 
of  contagious  or  infectious  diseases,  may  by  an  ordinance 
adopt  for  such  city  or  town,  in  whole  or  in  part,  the  pro- 
visions of  article  IV  of  this  chapter,  for  some  definite 
period  of  time;  and'  appoint  therefor  a  board  of  health. 
En.   March   12,   1872. 

§  3061.  Board  of  health  established  in  towns  and  cities. 
It  shall  be  the  duty  of  the  board  of  trustees,  council,  or 
other  corresponding  board,  of  every  incorporated  town 
and  city  of  this  state,  to  establish,  by  ordinance,  a  board 
of  health  for  such  town  or  city,  to  consist  of  five  persons, 
one  at  least  of  whom  shall  be  a  practicing  physician 
and  a  graduate  of  some  reputable  school  of  medicine,  and 
one,  if  practicable,  a  civil  engineer.  The  members  of 
the  board  shall  hold  their  offices  at  the  pleasure  of  the 
appointing  power.  Every  local  board  of  health  established 
in  this  state  must: 

First — Supervise  all  matters  pertaining  to  the  sanitary 
condition  of  their  town  or  city,  and  make  such  rules  and 
regulations  relative  thereto  as  are  necessary  and  proper, 
and  not  contrary  to  law. 

Second — Report  to  the  secretary  of  the  state  board  of 
health,  at  Sacramento,  at  such  times  as  the  state  board 
of  health  may  require: 

a.  The  sanitary  condition  of  their  locality. 

b.  The  number  of  deaths,  with  the  cause  of  each,  as 
near  as  can  be  ascertained,  within  their  jurisdiction,  dur- 
ing the  preceding  month. 

c.  The  presence  of  epidemic  or  other  dangerous,  con- 
tagious,   or   infectious   disease,    and    such     other   matters, 


§§  30G2-3064         PRESERVATION    OF   PUBLIC   HEALTH.  718 

Within  their  knowledge  or  jurisdiction,  as  the  state  board 
may  require. 

The  trustees,  council,  or  other  legislative  board,  by 
whatever  name  known,  of  any  incorporated  city  or  town 
of  this  state  may,  by  ordinance,  adopt  any  portion  of 
articles  III  and  IV  of  this  chapter,  or  either  of  them,  for 
some  definite  period  of  time,  as  may  seem  proper  for  the 
regulation  of  sanitary  matters  within  their  town  or  city 
En.  March  12,  1872.     Am'd.  1877-8,  59. 

§  3062.  May  appoint  health  officer  in  lieu  of  board.  The 
board  of  supervisors  of  each  county  must  appoint,  in  each 
unincorporated  city  or  town  of  five  hundred  or  more  in- 
habitants, a  health  officer,  who  has  all  the  duties  and 
powers  of  a  board  of  health  and  health  officer,  as  specified 
in  this  and  the  two  preceding  articles.  En.  March  12, 
1872.     Am'd.  1889,  43. 

§  3063.     Per   capita    or    property    tax,    how    levied.     All 

necessary  expenses  of  enforcing  this  article  are  charges 
against  the  counties,  cities,  or  towns,  respectively,  for 
the  payment  of  which  the  county,  city,  or  town  may  levy 
a  per  capita  tax  of  not  exceeding  three  dollars,  or  a 
property  tax  of  not  exceeding  one-fourth  of  one  per  cent 
yearly  until  the  same  is  paid.     En.  March  12,  1872. 

§  3064.  Compensation.  The  board  of  supervisors  must 
fix  the  salary  or  compensation  of  boards  of  health  or 
health  officer,  and  provide  for  the  expenses  of  enforcing 
the  provisions  of  this  article.  If  the  board  of  supervisors 
or  board  of  trustees,  council,  or  other  corresponding  board 
of  any  incorporated  town,  neglects  to  provide  a  board  of 
health  or  health  officer  by  the  first  day  of  July,  eighteen 
humlred  and  eighty-seven,  the  state  board  of  health  may 
direct  the  district  attorney  of  the  county  to  begin  an  action 
against  such  board  of  supervisors,  or  board  of  trustees, 
or  corresponding  board,  to  compel  the  performance  of 
their  duty,  or  may  appoint  a  board  of  health,  or  health 
officer  with  the  powers  of  a  board  of  health,  for  such 
town  or  city,  and  the  expenses  of  such  board  of  health 
or  health  officer  shall  be  a  chai'ge  against  the  incorporated 
city  or  town  for  which  such  appointment  shall  be  made: 
and  when  the  appointment  is  made  for  unincorporated 
towns,  the  expenses  of  the  board  of  health  or  health 
officer  is  a  charge  against  the  county.     En.  Stats.  1889,  43. 


719  BIRTHS.    MARRIAGES,    AND   DEATHS.        §§  3074,  3075 

CHAPTER  III. 

REGISTRY    OF    BIRTHS,    MARRIAGES,    AND    DEATHS. 

§  3074.  Bureau  of  vital  statistics:  state  registrar,  duty  of. 

§  3075.  Statistician,   appointment  of,   term  and  salary;  assistants. 

§  307G.  Registry  of  marriages  pertormed. 

§  3077.  Registry    of    births. 

§  3i)7S.  Dulies   of    certain    oflacers. 

§  3079.  Fee    of    recorder   and   health   ofiQcer. 

§  3080.  State   registrar    to   prepare    blank    form   and   instructions. 

§  3081.  State   registrar   may   require   further   information;    deposition 

required  when. 

§  3082.  Penalty  for  failure  to  perform  duty. 

§  3083.  State  registrar  to  furnish  certified  copy  of  records;  such  copy 

prima  facie  evidence. 

§  3084.  (Repealed.) 

§  3074.     Bureau  of  vital  statistics;  state    registrar,   duty 

of.  The  state  board  of  health  shall  maintain,  at  the  city 
of  Sacramento,  a  bureau  of  vital  statistics  for  the  complete 
and  proper  registration  of  births,  marriages  and  deaths, 
for  legal,  sanitary  and  statistical  purposes,  which  bureau 
shall  be  under  the  supervision  of  the  secretary  of  the  state 
board  of  health,  who  shall  be  ex-officio  state  registrar  of 
vital  statistics,  and  whose  duty  it  shall  be,  after  consulta- 
tion with  the  state  board  of  health,  to  promulgate  and  en- 
force all  necessary  rules  and  regulations  that  may  be  re- 
quired to  carry  out  the  provisions  of  this  chapter.  En. 
March  12,  1872.     Am'd.  1877-8,  60;  1905,  103. 

Registration  of  deaths:  See  General  Laws,  title 
"Deaths,"  or  Stats.  1905,  p.  115. 

§  3075.  Statistician,  appointment  of;  term  and  salary; 
assistants.  The  state  board  of  health  shall  appoint  a  com- 
petent statistician  to  assist  the  state  registrar  of  vital  stat- 
istics and  such  clerical  and  professional  assistants  as  may 
be  required  for  the  proper  discharge  of  the  duties  of  said 
registrar.  Said  statistician  shall  also  be  an  assistant  to  the 
secretary  of  the  state  board  of  health. 

The  statistician  so  appointed  shall  hold  office  at  the 
pleasure  of  the  board  and  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars  payable  out  of  the  general  fund 
of  the  state  from  money  not  otherwise  appropriated  at  the 
time  and  in  the  manner  in  which  state  officers  are  paid. 

The  compensation  for  clerical  and  professional  assistants 
shall  be  fixed  by  the  board  and  shall  be  payable  from  its 


§§  3076,  3077       BIRTHS,    MARRIAGES,    AND    DEATHS.  720 

fund  for  contingent  expenses  provided  in  the  general  appro- 
priation act.     En.  March  12,  1872.     Am'd.  1905,  104. 

§  3076.  Registry  of  marriages  performed.  All  persons 
who  perform  the  marriage  ceremony  in  this  state  shall 
within  three  days  after  the  ceremony  file  with  the  county 
recorder  a  certificate  of  registry  of  the  marriage  performed 
by  them  in  such  form  as  may  be  prescribed  by  the  state 
registrar  which  shall  contain  among  other  matters  as  near 
as  can  be  ascertained,  the  place  and  date  of  marriage,  sex, 
race,  color,  age,  name  and  surname,  birthplace,  residence  of 
the  parties  married,  number  of  marriage  and  condition  of 
each,  whether  single,  widowed,  or  divorced,  the  occupation 
of  the  parties,  maiden  name  of  the  female,  if  previously 
married,  the  names  and  birthplace  of  the  parents  of  each 
and  the  maiden  name  of  the  mother  of  each.  En.  March 
12,  1872.     Am'd.  1873-4,  42;  1905,  104. 

§  3077.  Registry  of  births.  Physicians,  midwives, 
nurses  and  other  persons  assisting  at  a  birth  shall  return 
in  writing  within  five  days  thereafter  to  the  county  recorder 
of  the  county  where  such  birth  takes  place  in  such  form 
as  may  be  prescribed  by  the  state  registrar  a  certificate  of 
re^stry  of  such  birth  which  shall  contain  among  other 
matters,  the  time  and  place  of  such  birth,  name,  sex.  race 
and  color  of  the  child,  the  name,  residence,  age.  birthplace 
and  occupation  of  the  parents  and  the  maiden  name  of  the 
mother,  and  whether  born  in  or  out  of  wedlock,  and  such 
other  information  as  may  be  required  by  the  state  registrar; 
provided,  however,  that  in  cities  having  a  freeholder's 
charter  the  health  oflBcer  shall  act  as  local  registrar  and 
perform  all  the  duties  thereof.  In  case  the  child  is  not 
named  the  recorder  or  registrar  of  such  locality  shall  de- 
liver to  such  parent,  next  of  kin,  physician,  midwife  or 
other  person  furnishing  such  certificate  of  birth  a  supple- 
mentary blank  for  report  of  given  name,  which  shall  be 
filled  out  and  returned  as  soon  as  the  child  shall  be  named. 

In  case  there  shall  be  no  physician,  midwife,  or  nurse  at- 
tending at  such  birth,  then,  it  shall  be  the  duty  of  the  par- 
ents of  any  child  born  in  this  state  (and  if  there  be  no  par- 
ent alive,  then  the  next  of  kin  of  said  child)  within  ten 
days  after  such  birth  to  report  in  writing  to  the  recorder 
of  the  county  or  health  oflBcer  of  cities  having  a  freeholder's 
charter  where  such  birth  takes  place,  in  such  form  as  may 
be  prescribed  by  the  state  registrar,  the  date,  place  and 
residence,  name,  sex,  race,  and  color  of  such  child,  and  the 
names,  residence,  birthplace  and  age  of  the  parents,  their 


720a  BIRTHS,   MARRIAGES  AND  DEATHS.         §§  3078,  3079 

occupations,  and  the  maiden  name  of  the  mother,  and 
whether  born  in  or  out  of  wedlock,  and  such  other  infoima- 
tion  required  by  the  state  registrar.  En.  March  12,  1872. 
Am'd.  1877-8,  60;  1905,  104. 

Cal.  Rep.  Cit.     84,  309. 

§  3078.  Duties  of  certain  officers.  It  shall  be  the  duty  of 
every  county  recorder  to  receive  without  fee  or  charge  each 
certificate  of  registry  of  marriage  and  birth;  provided,  how- 
ever, that  in  cities  having  a  freeholder's  charter  the  health 
officer  shall  act  as  local  registrar  for  births,  and  shall  re- 
ceive, without  fee  or.  charge,  each  certificate  of  birth  and 
enter  the  same  in  the  same  manner  as  provided  for  the 
county  recorder;  to  enter  the  same  in  separate  registers  to 
be  known  as  the  "Register  of  Marriages,"  and  the  "Reg- 
ister of  Births,"  in  separate  columns,  properly  headed,  the 
various  facts  contained  in  the  certificates  and  the  name 
and  official  or  clerical  position  of  the  person  making  the  re- 
port. The  recorder  or  health  officer  must  carefully  examine 
each  report,  and  register  the  same  marriage,  or  birth  but 
once,  although  it  may  be  reported  by  different  persons. 

The  certificates  shall  be  numbered  by  him  and  entered  in 
the  order  in  which  they  are  reported  to  him. 

On  or  before  the  fifth  day  of  each  month  each  recorder,  or 
health  oflBcer,  shall  transmit  by  U.  S.  mail,  carefully  in- 
clo"ed  in  appropriate  envelopes  or  wrappers,  addressed  to 
the  state  registrar  at  Sacramento,  or  shall  personally  de- 
liver to  him  at  his  office  in  Sacramento,  on  or  before  the 
fifth  day  of  each  month,  the  original  certificates  of  births 
and  marriages  filed  with  him  during  the  preceding  month, 
and  shall  accompany  said  certificates  with  a  brief  statement 
of  the  number  of  such  certificates,  and  the  dates  of  their 
receipt.  The  state  registrar  shall  thereupon  file  said  or- 
iginal certificates  of  marriages  and  births,  and  cause  the 
same  to  be  separately  and  systematically  indexed.  En. 
March  12,  1872.     Am'd.  1905,  105. 

Cal.  Rep.  Cit.    84,  309. 

§  3079.  Fee  of  recorder  and  health  officer.  For  their 
services  as  required  by  section  3078  of  this  code,  county 
recorders,  or  health  officers  of  cities  having  a  freeholder's 
charter,  shall,  in  addition  to  their  compensation  for  the 
other  duties  of  their  office,  be  allowed  by  the  board  of 
supervisors,  ten  cents  for  each  name  registered  and  re- 
ported to  the  state  registrar,  which  sum  shall  be  paid  out  of 
the    general    fund    of    the    county    upon    warrants    issued 


§§  3080,  3081       BIRTHS,    MARRIAGES    AND    DEATHS.  720b 

quarterly  and  signed  by  the  county  auditor  and  approved 
by  the  state  registrar,  which  warrants  shall  specify  the 
number  of  certificates  of  marriages  and  births  properly 
registered  and  filed  with  the  state  registrar.  En.  March 
12,  1872.     Am'd.  1877-8,  60;   1905,  105. 

§  3080.  State  registrar  to  prepare  blank  form  and  in- 
structions. The  state  registrar  shall  prepare  a  sample  form 
and  blank  for  use  in  registering,  recording  an-d  preserving 
the  reports  of  marriages  and  births,  and  shall  prepare  and 
issue  such  detailed  instructions  as  may  be  required  to  se- 
cure the  uniform  observance  of  its  provisions  and  the  main- 
tenance of  a  perfect  system  of  registration,  and  no  other 
forms  of  blanks  shall  be  used  than  those  prescribed  by  the 
state  registrar. 

Printed  blanks  in  the  form  prescribed  by  the  state  regis- 
trar for  the  registration  of  marriages  and  births  shall  be 
furnished  to  each  recorder  or  health  officer  by  the  board  of 
supervisors  of  each  county  or  city  and  county  in  sufficient 
quantities,  and  each  recorder  or  health  officer  shall  furnish 
without  charge  a  sufficient  number  of  copies  to  each  appli- 
cant upon  whom  is  imposed  the  duty  of  certifying  to  a  mar- 
riage or  birth.     En.  March  12,  1872..  Am'd.  1905,  106. 

§  3081.  State  registrar  may  require  furtlier  infornnation; 
deposition  required  when.  The  state  registrar  shall  care- 
fully examine  the  certificates  of  marriages  and  births  re- 
ceived monthly  from  the  county  recorders  or  health  oflS- 
cers,  and  if  any  such  are  incomplete  or  unsatisfactory,  he 
shall  require  such  further  information  to  be  furnished  as 
may  be  necessary  to  make  the  record  satisfactory. 

All  physicians,  clergymen,  judges,  midwives,  nurses, 
parents,  or  other  informants  upon  whom  the  duty  is  im- 
posed of  certifying  to  marriages  or  births,  and  all  other 
persons  having  knowledge  of  the  facts,  are  required  to 
furnish  such  information  as  they  may  possess  regarding 
any  marriage  or  birth  upon  demand  of  the  state  regis- 
trar, in  person  by  mail  or  through  the  local  recorder. 

Whenever  it  may  be  alleged  that  the  facts  are  not  cor- 
rectly stated  in  any  certificate  of  marriage  or  birth  there- 
tofore registered,  the  county  recorder  shall  require  a  dep- 
osition under  oath  to  be  made  by  the  person  asserting  the 
fact,  to  be  supported  by  the  depositions  of  two  or  more 
credible  persons  having  knowledge  of  the  facts,  setting 
forth   the   change   necessary   to   make   the   record   correct. 


721  BIRTHS,    MARRIAGES   AND   DEATHS.     §§  3082,  3083 

Having  received  such  depositions,  he  shall  file  them  and 
shall  then  draw  a  line  through  the  incorrect  statement  or 
statements  in  the  certificate,  without  erasing  them,  and 
make  the  necessary  corrections,  noting  on  the  margin  of 
the  certificate  his  authority  for  so  doing,  and  transmit  the 
deposition,  attached  to  the  original  certificate,  when  mak- 
ing his  regular  monthly  returns  to  the  state  registrar. 
If  the  correction  relates  to  a  certificate  previously  re- 
turned to  the  state  i-egistrar,  he  shall  transmit  the  deposi- 
tion forthwith  to  the  state  registrar.  If  the  correction  is 
first  made  upon  the  original  certificate  on  file  in  the  state 
bureau  of  vital  statistics,  the  state  registrar  shall  imme- 
diately transmit  a  certified  copy  of  the  original  certificate, 
corrected  as  above,  to  the  county  recorder,  who  shall 
thereupon  substitute  such  certified  copy  for  the  copy  of  the 
certificate  in  his  records.  All  such  corrections  and  mar- 
ginal notes  referring  to  them  shall  be  legibly  written  in 
ink,  typewritten  or  printed.  En.  March  12,  1872.  Am'd. 
1877-8,  GO;    1905,  106. 

§  3082.  Penalty  for  failure  to  perform  duty.  Any  officer 
or  person  upon  whom  a  duty  is  imposed  under  this  chap- 
ter who  fails,  neglects  or  refuses  to  perform  any  of  the 
duties  imposed  upon  him  under  this  chapter  or  by  the  in- 
sti-uctions  and  directions  of  the  state  registrar  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished  in  the  same  manner  as  other  misdemeanors 
provided  in  the  Penal  Code.  En.  March  12,  1872.  Am'd. 
1905,  107. 

§  3083.  State  registrar  to  furnish  certified  copy  of  rec- 
ords; such  copy  prima  facie  evidence.  The  state  regis- 
trar shall  upon  request  furnish  any  applicant  a  certified 
copy  of  the  record  of  any  marriage  or  birth  registered 
under  the  provisions  of  this  chapter,  for  the  making  and 
certification  of  which  he  shall  be  entitled  to  a  fee  of  fifty 
cents  to  be  paid  by  the  applicant.  Any  such  copy  of  the 
record  of  a  marriage  or  birth  when  properly  certified  by 
the  state  registrar  to  be  a  true  copy  thereof  shall  be 
prima  facie  evidence  in  all  courts  and  places  of  the  facts 
therein  state.  For  any  search  of  the  files  and  records 
when  no  certified  copy  is  made,  the  state  registrar  shall 
be  entitled  to  a  fee  of  fifty  cents  for  each  hour  or  frac- 
tional hour  of  time  of  search  to  be  paid  by  the  applicant. 
And  the  state  registrar  shall  keep  a  true  and  correct  ac- 

Pol.  Code-46 


§§  3084-3094  DISSECTION.  TO. 

count  of  all  fees  by  him  received  under  these  provisions 
and  shall  deposit  all  fees  with  the  state  treasurer.  En. 
Staats.  1877-8,  61.     Am'd.  1905,  107. 

§  3084.     En.  Stats.  1885,  55.     Am'd.  1889,  36.     Rep.  1905, 
107. 

Cal.  Rep.  Cit.       84,  306;    84,  309;    84,  310. 


CHAPTER   IV. 

DISSECTION. 

§  3093.     Physicians,    etc.,    may    obtain    dead    bodies. 

§  3094.     Bodies    required  to   be   buried  at    public    expense. 

§  3095.     Physicians   to  give  certificate  from  medical  society. 

§  3093.     Physicians,  etc.,   may  obtain  dead  bodies.     Any 

physician  or  surgeon  of  this  state,  or  any  medical  student 
under  the  authority  of  any  such  physician  or  surgeon, 
may  obtain,  as  hereinafter  provided,  and  have  in  his  pos- 
session human  dead  bodies,  or  the  parts  thereof,  for  the 
purposes  of  anatomical  inquiry  or  instruction.  En.  March 
12,   1872. 

Removing  body  for  dissection:   Pen.  Code,  sec.  291. 

Violation  of  burial  and  the  remains  of  the  dead:  Pen. 
Code,  sees.  290  et  seq. 

Disinterring  body  vs^ithout  permit:  Stats.  1878,  1050; 
amended   1899,   139. 

§  3094.     Bodies  required  to  be  buried  at  public  expense. 

Any  sheriff,  coroner,  keeper  of  a  county  poorhouse;  pub- 
lic hopital,  county  jail,  or  state  prison,  or  the  mayor  or 
board  of  supervisors  of  the  city  of  San  Francisco,  must 
surrender  the  dead  bodies  of  such  persons  as  are  required 
to  be  buried  at  the  public  expense  to  any  physician  or 
surgeon,  to  be  by  him  used  for  the  advancement  of  ana- 
tomical -'cience,  preference  being  always  given  to  medical 
schools  by  law  established  in  this  state,  for  their  use  in  the 
instruction  of  medical  students.  But  if  such  deceased 
person  Jiiring  his  last  sickness  requested  to  be  buried, 
or  if  within  twenty-four  hours  after  his  death  some  person 
claiming  to  be  of  kindred  or  a  friend  of  the  deceased  re- 
quires the  body  to  be  buried,  or  if  such  deceased  person 
was  a  stianger  or  traveler  who  suddenly  died  before  mak- 


723  CEMETERIRS    AND    SEPULTURE.  §§  3095-310G 

ing  himself  known,  such  dead  body  must  be  buried  without 
dissection.     En.  March  12,  1872. 

§  3095.  Physicians  to  give  certificate  from  medical  so- 
ciety. Every  physician  or  surgeon,  before  receiving  a 
dead  body,  must  give  to  the  board  or  officer  surrendering 
the  same  to  him  a  certificate  from  the  medical  society  of 
the  county  in  which  he  resides,  or  if  there  is  none,  from 
the  board  of  supervisors  of  the  same,  that  he  is  a  fit 
person  to  receive  such  dead  body.  He  must  also  give  a 
bond,  with  two  sureties,  that  each  body  so  by  him  re- 
ceived will  be  used  only  for  the  promotion  of  anatomical 
science,  and  that  it  will  be  used  for  such  purpose  within 
this  state  only,  and  so  as  in  no  event  to  outrage  the  pub- 
lic feeling.     En.   March  12,   1872. 


CHAPTER  V. 

CEMETERIES    AND    SEPULTURE. 

§  310.1.  Title   to   cemetery   grounds. 

§  3106.  What   constitutes  a  cemetery. 

§  3107.  Cemeteries,    how    laid    out   and    dedicated. 

§  3108.  .Inhabitants   of   city,    etc.,    to   own   cemetery. 

§  3109.  Public   cemeteries,    under   whose   control. 

§  3110.  Regulations,    sextons,    etc. 

§  3111.  Register   must   be   kept. 

§  3105.  Title  to  cemetery  grounds.  The  title  to  lands 
used  as  a  public  cemetery  or  graveyard,  situated  in  or 
near  to  any  city,  town,  or  village,  and  used  by  the  inhab- 
itants thereof  continuously,  without  interruption,  as  a 
burial  ground  for  five  years,  is  vested  in  the  inhabitants  of 
such  city,  town,  or  village,  and  the  lands  must  not  be  used 
for  any  other  purpose  than  a  public  cemetery.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     98,  437;   98,  438. 

Sepulture  and  the  remains  of  the  dead,  violating:  See 
Pen.  Code,  sees.  290-297. 

Act  relating  to  exhumation:  See  General  Laws,  title 
Cemeteries. 

§  3106.  Wliat  constitutes  a  cemetery.  Six  or  more  hu- 
man bodies  being  buried  at  one  place  constitutes  the  place 
a  cemetery.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     98,  438. 


§§  3107-3111  CEMETERIES    AND    SEPULTURE.  724 

§  3107.  Cemeteries,  how  laid  out  and  dedicated.  Incor- 
porated cities  or  towns,  and  for  unincorporated  towns  or 
villages,  the  supervisors  of  the  county  may  survey,  lay  out, 
and  dedicate  of  the  public  lands  situated  in  or  near  such 
city,  town,  or  village,  not  exceeding  five  acres,  for  ceme- 
tery and  burial  purposes.  The  survey  and  description 
thereof,  together  with  a  certified  copy  of  the  order  made 
constituting  the  same  a  cemetery,  must  be  recorded  in  the 
recorder's  office  of  the  county  in  which  the  same  is  located. 
En.  March  12,  1872. 

§  3108.  Inhabitants  of  city,  etc.,  to  own  cemetery.  The 
inhabitants  of  any  city,  town,  village,  or  neighborhood  may 
by  subscription  or  otherwise  purchase  or  receive  by  gift 
or  donation,  lands  not  exceeding  five  acres,  to  be  used  as 
a  cemetery,  the  title  thereof  to  be  vested  in  such  inhabi- 
tants, and  when  once  dedicated  to  use  for  burial  purposes 
must  thereafter  be  used  for  no  other  purpose.  En,  March 
12,   1872. 

§  3109.     Public  cemeteries,    under    whose    control.     The 

public  cemeteries  of  cities,  towns,  villages,  or  neighbor- 
hoods must  be  inclosed  and  laid  off  into  lots,  and  the  gen- 
eral management,  conduct,  and  regulation  of  interments, 
permits  to  inter,  or  remove  interred  bodies,  the  disposi- 
tion of  lots,  and  keeping  the  same  in  order,  is  under  the 
jurisdiction  and  control  of  the  cities  and  towns  owning 
the  same,  if  incorporated;  if  not,  then  under  the  jurisdic- 
tion and  control  of  the  board  of  supervisors  of  the  county 
in  which  they  are  situated.    En.  March  12,  1872. 

§  3110.  Regulations,  sextons  etc.  The  board  of  super- 
visors, city  trustees,  or  other  corresponding  authorities 
having  jurisdiction  and  control  of  cemeteries,  may  make 
general  rules  and  regulations  therefor,  and  appoint  sextons 
or  other  officers  to  enforce  obedience  to  the  same^  with 
such  other  powers  and  duties  regarding  the  cemetery  as 
they  may  deem  necessary.    En.  March  12,  1872. 

§  3111.  Register  must  be  kept.  The  authority  having 
control  of  a  public  cemetery  must  require  a  register  of 
name,  age,  birthplace,  and  date  of  death  and  burial  of 
every  body  interred  therein,  to  be  kept  by  the  sexton  or 
other  officer,  open  to  public  Inspection.  En.  March  12, 
1872. 


725  LOST   AND    UNCLAIMED   PROPERTY.  §§  31S«,  3137 

CHAPTER  VI. 

IX>ST   AND    UNCLAIMED    PROPERTY. 

Article    I.    Lost   Money   and    Goods,    §§    3136-3142. 
II.    Unclaimed    Property,    §§    3152-3157. 

ARTICLE   I. 

LOST    MONEY    AND    GOODS. 

§  3136.  Duty   of  persons   finding  lost  money,    etc. 

§  3137.  Appraisers,     appointment    and    duty    of. 

§  313S.  List   of   appraisers.     Finder   to   advertise. 

§  3139.  Proceedings,    if   no   owner  appear   within   six   months. 

§  3140.  Finder   to   restore   property.     Owner  may   sue. 

I  3141.  Finder,   failing  to  make  discovery,   penalty. 

§  3142.  Proof,    how   made. 

§  3136.  Duty  of  persons  finding  lost  money,  etc.  If  any 
person  find  any  money,  goods,  things  in  action,  or  other 
personal  property,  or  shall  save  any  domestic  animal  from 
drowning  of  from  starvation,  when  such  property  shall  be 
of  the  value  of  ten  dollars  or  more,  he  must  inform  the 
owner  thereof,  if  known,  and  make  restitution  without 
compensation,  further  than  a  reasonable  charge  for  sav- 
ing and  taking  care  thereof;  but  if  the  owner  is  not 
known  to  the  party  saving  or  finding  such  property,  he 
must,  within  five  days,  make  an  aflBdavit  before  some 
justice  of  the  peace  of  the  county,  stating  when  and 
where  he  found  or  saved  such  property,  particularly  de- 
scribing it;  and  if  the  property  was  saved,  particularly 
stating  from  what  and  how  he  saved  the  same,  stating 
therein  whether  the  owner  of  the  property  is  known  to 
him,  and  that  he  has  not  secreted,  withheld,  or  disposed 
of  any  part  of  such  property.  En.  March  12,  1872.  Am'd. 
1873-4,  42. 

Finder,  rights,  duties  and  liabilities  of:  See  Civ.  Code, 
sees.   1864-1872. 

Wrecks   and    wrecked   property:  Ante,    sees,    2403-2418. 

Lost  property,  larceny  of:   See  Pen.  Code,  sec.  485. 

§  3137.  Appraisers,  appointment  and  duty  of.  The  jus- 
tice must  then  summon  three  disinterested  householders 
to  appraise  the  same.  The  appraisers,  or  any  two  of 
them,  must  make  two  lists  of  the  valuation  and  description 
of  such  property,  and  sign  and  make  oath  to  the  same, 


§§  313S-3142  LOST    AND    UNCLiAIMED    PROPERTY.  1A 

and  deliver  one  of  the  lists  to  the  finder,  and  the  other 
to  the  justice  of  the  peace.    En.  March  12,  1872. 

§  3138.     List    of   appraisers.     Finder   to    advertise.     The 

justice  must  file  such  list,  and  the  finder  must  transmit  a 
copy  of  the  same  to  the  recorder  of  the  county,  who  must 
record  the  same  in  a  book  known  as  the  "Estray  and  Lost 
Property  Book,"  within  fifteen  days,  and  the  finder  must  at 
once  set  up  at  the  courthouse  door  and  four  other  public 
places  in  the  township  or  city  a  copy  of  such  valuation 
and  description  of  property.     En.  March  12,  1872. 

§  3139.  Proceedings,  if  no  owner  appear  within  six 
months.  If  no  owner  appears  and  proves  the  property 
within  six  months,  and  the  value  thereof  does  not  exceed 
twenty  dollars,  the  same  vests  in  the  finder;  but  if  the 
value  exceed  twenty  dollars,  the  finder  must,  within 
thirty  days  after  setting  up  the  list  mentioned  in  the  pre- 
ceding section,  cause  a  copy  of  the  description  to  be  in- 
serted in  some  newspaper  printed  in  the  county,  if  there 
be  one,  and  if  not,  in  some  newspaper  printed  in  the  state, 
for  three  weeks;  and  if  no  owner  prove  the  property  with- 
in one  year  after  such  publication  it  vests  in  the  finder. 
En.  March  12.  1872. 

§  3140.     Finder  to    restore    property.     Owner    may  sue. 

If,  within  one  year,  an  owner  appears  and  proves  the  prop- 
erty and  pays  all  reasonable  charges,  including  fees  of 
officers,  the  finder  must  restore  the  same  to  him.  On 
failure  to  make  restoration  of  such  property,  or  the  ap- 
praised value  thereof,  on  being  tendered  such  charges 
and  fees,  the  owner  may  recover  the  same  or  the  value 
thereof  by  civil  action  in  any  court  having  judisdiction. 
En.  March  12,  1872. 

§  3141.  Finder,  failing  to  make  discovery,  penalty.  If 
any  person  find  any  money,  property,  or  other  valuable 
thing,  and  fail  to  make  discovery  of  the  same  as  required 
by  this  article,  he  forfeits  to  the  owner  double  the  value 
thereof.     En.  March  12,  1872. 

Failing  to  make  discovery  is  larceny:  Pen.  Code,  sec. 
485. 

§  3142.  Proof,  how  made.  The  proof  required  by  this 
article  must  be  made  before  the  clerk  with  whom  the  list 


727  LOST    AND    UNCLAIMED    PROPERTY.  §S  3152,  3:53 

provided  for  herein  is  filed,  and  if  he  is  satisfied  therefrom 
that  the  person  claiming  to  be  is  the  owner,  he  must  cer 
tify  that  fact  under  his  hand  and  the  seal  of  the  county 
court.     En.  March  12,  1872. 


ARTICLE   II. 

UNCLAIMED     PROPERTY. 

§  3152.  Carriers,    commission    merchants,    etc.,    may    retain    goods    until 

charges   paid. 

§  3153.  Property    unclaime'J    within    sixty    days,    sale    of. 

§  3154.  Proceeds   unclaimed,    where   to   go. 

§  3155.  Carrier's    responsibilitiy    ceases,    when. 

§  3156.  Property    upon    which    advances   are   made    may   be   sold. 

§  3157.  Fees  of  officers. 

§  3152.  Carriers,  commission  merchants,  etc.,  may  re- 
tain goods  until  charges  paid.  When  any  goods,  merchan- 
dise, or  other  property  has  been  received  by  any  railroad 
or  express  company,  or  other  common  carrier,  commission 
merchants,  innkeepers  or  warehousemen,  for  transporta- 
tion or  safe  keeping,  and  are  not  delivered  to  the  owner, 
consignee,  or  other  authorized  person,  the  carrier,  com- 
mission merchant,  innkeeper,  or  warehouseman,  may  hold 
or  store  the  same  with  some  responsible  person  until  the 
freight  and  all  just  and  reasonable  charges  are  paid.  En. 
March   12,    1872. 

Cal.  Rep.  Cit.    94,  178. 

Carrier,  delivery  and  storage  by:  Civ.  Code,  sees.  2118- 
2121.  Relief  from  liability:  Civ.  Code,  sees,  2131,  2132. 
Lien  for  freightage:   Civ.  Code,  sec.  2144. 

§.  3153.  Property  unclaimed  within  sixty  days,  sale  of. 
If  no  person  calls  for  the  property  within  sixty  days 
from  the  receipt  thereof,  and  pays  freight  and  charges 
thereon,  the  carrier,  commission  merchant,  innkeeper,  or 
warehouseman  may  sell  such  property,  or  so  much  thereof 
as  will  pay  freight  and  charges,  to  the  highest  bidder  at 
public  auction,  having  first  caused  such  notice  of  sale  to 
be  given  as  is  customary  in  sales  of  goods  by  auction  at 
the  place  where  said  goods  may  be  held  or  stored.  If 
any  surplus  is  left,  after  paying  freight,  storage,  expenses 
of  sale,  and  other  reasonable  charges,  the  same  must  be 
paid   over  to   the  owner  of   such  property,   upon   demand 

M 


§§  3154-3157  MARKS  AND   BRANDS.  TOi 

being  made  therefor  at  any  time  within  sixty  days  after 
the  sale.    En.  March  12,  1872.     Am'd.  1903,  88. 

§  3154.    Proceeds  unclaimed,  where  to  go.    If  the  owner 

or  his  agent  fails  to  demand  such  surplus  within  sixty 
days  of  the  time  of  such  sale,  then  it  must  be  paid  into 
the  county  treasury,  subject  to  the  order  of  the  owner. 
En.  March  12,  1872. 

§  3155.  Carrier's  responsibility  ceases,  when.  After  the 
storage  of  goods,  merchandise,  or  property,  as  herein  pro- 
vided, the  responsibility  of  the  carrier  ceases,  nor  is  the 
person  with  whom  the  same  is  stored  liable  for  any  loss 
or  damage  on  account  thereof,  unless  the  same  results 
from  his  negligence  or  want  of  proper  care.  En.  March 
12,  1872. 

§  3156.  Property  upon  which  advances  are  made  may  be 
sold.  When  any  commission  merchant  or  warehouseman 
receives  on  consignment  produce,  merchandise,  or  other 
property,  and  makes  advances  thereon,  either  to  the  owner 
or  tor  freight  and  charges,  he  may,  if  the  same  is  not  paid 
to  him  within  sixty  days  from  the  date  of  such  advances, 
cause  the  produce,  merchandise,  or  property  on  which  the 
a-dvances  were  ma-de,  to  be  advertised  and  sold  as  provided 
herein.    En.  March  12,  1872. 

§  3157.  Fees  of  officers.  The  fees  of  officers  under  this 
chapter  are  the  same  allowed  for  similar  services  in  other 
cases  provided  in  this  code,  to  be  paid  by  the  taker  up  or 
finder,  and  recovered  of  the  owner.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     94,  178. 

CHAPTER  VII. 

MARKS    AND     BRANDS. 

Article    I.     Marks   and    Brands,    §§    3167-3172. 

II.     Rpgulations    Relating    to    Marks   and    Brands,    §§    3182-3185. 
III.     Trade    Marks,    §§    3196-3201. 

ARTICLE  I. 

MARKS    AND    BRANDS. 

§  31C7.  Owners  of  horses,   cattle,  etc.,  to  keep  a  mark,  etc. 

§  3U;8.  To   record   brands.     Fees. 

§  :!lfi!».  Recorders'    duties   respecting  recorded   marks,    etc. 

§  :'.170.  Marks   and   luands  not   lawful   unless   recorded. 

§  3171.  Certain    maiks    not    allowed. 

5  3172.  Branding    animals,  'at    what    age. 


729  MARKS    AND    BRANDS.  5§  3167-3170 

§  3167.  Owners  of  horses,  cattle,  etc.,  to  keep  a  mark, 
etc.  Owners  of  horses,  mules,  cattle,  sheep,  goats,  or  hogs 
running  at  large,  must  have  a  mark,  brand,  and  counter- 
brand  different  from  any  one  in  use  by  any  other  person, 
so  far  as  may  be  known.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     141,  685. 

Altering  brands  is  state  prison  offense:  Pen.  Code,  sec. 
357. 

Marks  and  brands  in  Siskiyou  County,  act  concerning, 
continued  in  force  by  code:  See  ante,  19,  subd.  11. 

§  3168.  To  record  brands.  Fees.  Every  owner  must 
record  with  the  recorder  of  the  county  his  mark,  brand, 
and  counterbrand  by  delivering  to  the  recorder  his  mark, 
cut  upon  a  piece  of  leather,  and  his  brand  and  counter- 
brand  burnt  upon  it,  which  shall  be  kept  in  the  recorder's 
office.  A  certified  copy  thereof  made  by  the  recorder, 
with  the  seal  of  his  office  attached  thereto,  is  evidence 
on  the  trial  of  any  action  in  a  court  of  competent  juris- 
diction as  to  the  ownership  of  all  animals  legally  marked 
or  branded.  The  recorder  must  enter  in  a  book  to  be  kept 
by  him  for  that  purpose  a  copy  of  the  marks,  brands,  and 
counterbrands;  but  he  must  first  be  satisfied  that  such 
brau'd  and  counterbrand  tendered  to  him  for  record  is  un- 
like any  other  mark,  brand,  or  counterbrand  in  the  county, 
and,  as  far  as  his  knowledge  extends,  is  different  from  any 
otner  in  the  state.  For  recording  the  mark,  brand,  and 
counterbrand  the  recorder  is  entitled  to  demand  and  re- 
ceive one  'dollar.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     141,  685. 

§  3169.  Recorders'  duties  respecting  recorded  marks, 
etc.  Every  recorder  in  this  state  must  transmit  to  the 
recorders  of  the  adjoining  counties  a  transcript  of  all  the 
marks,  brands,  and  counterbrands  recorded  in  his  office, 
to  be  filed  by  such  recorders  in  their  offices,  and  reference 
thereto  must  be  made  in  every  case  of  application  for 
the  record  of  marks  and  brands.    En,  March  12,  1872. 

Cal.  Rep.  Cit.     141,  685. 

§  3170.  Marks  and  brands  not  lawful  unless  recorded. 
ISio  mark,  brand,  or  counterbrand  is  lawful  unless  recorded 
aei  provided  in  this  article,  nor  shall  any  person  use  more 
than  one  mark  or  brand,  unless  he  is  the  owner  of  more 
than  one  ranch  or  farm.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     141,  685. 


§§  3171-3183  MARKS   AND   BRANDS.  730 

§  3171.  Certain  marks  not  allowed.  No  person  must 
Uoe  a  mark  by  cutting  off  the  ear  or  by  cutting  the  ear 
Oil  both  sides  to  a  point.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     141,  685;  145,  112. 

§  3172.  Branding  animals,  at  what  age.  Every  person 
a.ust  mark  or  brand  his  horses  and  mules  before  they 
aj-e  eight  months  old,  and  cattle  before  they  are  twelve 
months  old,  on  the  hip  or  hinder  part,  and  mark  or  brand 
his  sheep,  goats,  and  hogs,  before  they  are  six  months  old. 
On  the  trial  of  any  action  to  recover  the  possession  of  any 
fiflimal  which  is  marked  or  branded,  the  mark  or  brand  is 
prima  facie  evidence  that  the  animal  belongs  to  the 
c«vner  of  the  mark  or  brand.  When  a  dispute  occurs 
la  regard  to  a  mark  or  brand,  the  person  first  recording 
tne  same  is  entitled  thereto.  En.  March  12,  1872.  Am'd. 
1873-4,  43. 

Cal.  Rep.  Cit.     141,  685. 

Prima  facie  evidence  defined:  Code  Civ.  Proc,  sec. 
1833. 

ARTICLE  II. 

REGULATIONS    RELATING   TO   MARKS    AND    BRANDS. 

§  3182.  Regulations    for    selling    cattle,    etc. 

§  3183.  Penalty    for    using   more    than    one,    or   an    unrecorded   branvi. 

§  3184.  Fraudulently    mismarking    stock. 

§  31S5.  Hides  of  slaughtered   cattle  to  be   kept. 

§  3182.  Regulations  for  selling  cattle,  etc.  Persons  sell- 
ing cattle,  horses,  mules,  jacks,  or  jennies,  must  counter- 
brand  them  on  the  shoulders,  or  give  a  written  descriptive 
bill  of  sale.     En.  March  12,  1872. 

§  3183.  Penalty  for  using  more  than  one,  or  an  unre- 
corded brand.  Any  person  who  uses  any  mark,  brand, 
or  counterbrand  other  than  the  one  recorded  by  him, 
oxcept  by  the  consent  of  the  owner  of  such  other  mark, 
orand,  or  counterbrand,  or  uses  more  than  one  mark,  brand, 
yjT  counterbrand,  otherwise  than  is  provided  in  articles  I,  or 
suffers  his  ward,  child,  apprentice,  or  servant  to  use  any 
other  than  his  own  mark,  brand,  or  counterbrand,  on  those 
of  the  stock  they  run  with,  forfeits  to  any  person  suing 
therefor  the  stock  so  marked  or  branded  with  any  other 
(han  the  proper  mark  or  brand  recorded  by  him.  This 
section  does  not  extend  to  any  stock  which  may  descend 
to  any  ward,  child,  apprentice,  or  servant  by  the  gift  or 
devise  of  any  person  other  than  the  guardian,  parent,  or 
master,  of  such  ward,  child,  apprentice,  or  servant;  but 
the    marks,    brands    and    counterbrands   of   such   minors. 


731  MARKS   AND   BRANDS.  SS  8184-8HW 

apprentices,  or  servants,  must  be  recorded  as  other  marks, 
brands,  and  counterbrands.    En.  March  12,  1872. 

§  3184.  Fraudulently  mismarking  stock.  If  any  person 
has  knowledge  of  any  person,  who,  with  the  intent  to  de- 
fraud or  willingly  mismarks  or  misbrands  any  stock  not 
his  own,  or  kills  any  stock  running  at  large  having  a  proper 
owner,  the  person  having  such  knowledge  must,  within 
ten  days  thereafter,  give  information  thereof  to  some  jus- 
tice of  the  peace  of  the  proper  county.     En.  March  12,  1872. 

Altering  brands:  Pen.  Code,  sec.  357. 

§  3185.  Hides  of  slaughtered  cattle  to  be  kept.  All  per- 
sons slaughtering  cattle  must  keep  the  hides  with  the  ears 
attached  for  fifteen  days;  and  all  persons  having  such 
hides  in  their  possession  must  exhibit  the  same  for  ex- 
amination on  demand  being  made  by  any  person.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     73,  408;   73,  410. 


ARTICLE   III. 

TRADE    MARKS. 


§  3W6, 

§  3197, 

'§  31itS 

§  3199 

§  31''iO 

§  3201 


"Trade    marks"    defined. 

Exclusive   use   of   trade   mark,    how   secured. 

Record   of   trade   marks. 

Assignments.     Injunctions. 

Use   of   by   labor  union. 

Infringement   of  trade   mark   used   by   trade   union. 


§  3196.  "Trade  marks"  defined.  The  phrase  "trade 
mark"  as  used  in  this  chapter  includes  every  description 
of  word,  letter,  device,  emblem,  stamp,  imprint,  brand, 
printed  ticket,  label,  or  wrapper  usually  affixed  by  any 
mechanic,  manufacturer,  druggist,  merchant,  or  trades- 
man, to  denote  any  goods  to  be  goods  imported,  manu- 
factured, produced,  compounded  or  sold  by  him,  other 
than  any  name,  word,  or  expression  generally  denoting  any 
goods  to  be  of  some  particular  class  or  description,  and 
also  any  name  or  names,  marks  or  devices,  branded, 
stamped,  engraved,  etched,  blown,  or  otherwise  attached 
or  produced  upon  any  cask,  keg,  bottle,  vessel,  siphon,  can, 
case,  or  other  package,  used  by  any  mechanic,  manufac- 
turer, druggist,  merchant  or  tradesman,  to  hold,  contain  olr 
inclose  the  goods  so  imported,  manufactured,  produced, 
compounded  or  sold  by  him,  other  than  any  name,  word 


§§  3197-3200  MARKS   AND   BRANDS.  Ti2 

or  expression  generally  denoting  any  goods  to  be  of  some 
particular  class  or  description.  En.  March  12,  1872.  Am'd. 
1903,  80. 

Cal.  Rep.  Cit.     63,  446. 

§  3197.  Exclusive  use  of  trade  mark,  how  secured. 
Any  person  may  record  any  trade  mark  or  name  by  filing 
with  the  Secretary  of  State  his  claim  to  the  same,  and  a 
copy  or  description  of  such  trade  mark  or  name,  with  his 
affidavit  attached  thereto,  certified  to  by  any  officer  au- 
thorized to  take  acknowledgments  of  conveyances,  setting 
forth  that  he  (or  the  firm  or  corporation  of  which  he  is  a 
member)  is  the  exclusive  owner,  or  agent  of  the  owner,  of 
such  trade  mark  or  name.  En.  March  12,  1872.  Am'd. 
1885,  94. 

Cal.  Rep.  Cit.    66,  78;   102,  44. 

§  3198.  Record  of  trade  marks.  The  secretary  of  state 
must  keep  for  public  examination  a  record  of  all  trade 
marks,  or  names  filed  in  his  office,  with  the  date  when  filed 
and  name  of  claimant;  and  must  at  the  time  of  filing 
collect  from  such  claimant  a  fee  of  three  dollars  in  gold 
coin,  to  be  paid  into  the  state  library  fund.  En.  March 
12,   1872. 

§  3199.  Assignments.  Injunctions.  Any  person  who 
has  first  adopted  and  used  a  trade  mark  or  name,  whether 
within  or  beyond  the  limits  of  this  state,  is  its  original 
owner.  Such  ownership  may  be  transferred  in  the  same 
manner  as  personal  property  and  is  entitled  to  the  same 
protection  by  suits  at  law;  and  any  court  of  competent 
jurisdiction  may  restrain,  by  injunction,  any  use  of  trade 
marks,  or  names  in  violation  of  this  chapter.  En.  March 
12,  1872.     Am'd.  1885,  94. 

Cal.  Rep.  Cit.     66,  78;    102,  44. 

§  3200.  Use  of  by  labor  union.  Any  trade  union,  labor 
association,  or  labor  organization,  organized  and  existing 
in  this  state,  whether  incorporated  or  not,  may  adopt  and 
use  a  trade  mark  and  affix  the  same  to  any  goods  made, 
produced  or  manufactured  by  the  members  of  such  trade 
union;  labor  association,  or  labor  organization,  or  to  the 
box.  cask,  case,  or  package  containing  such  goods,  and 
may  record  such  trade  mark  by  filing  or  causing  to  be 
filed  with  the  Secretary  of    State  its  claim  to  the  same, 


733  WEIGHTS    AND    MEASURES.  5§  3201,  3a)a 

and  a  copy  or  description  of  such  trade  mark,  with  the 
affidavit  of  the  president  of  such  trade  union,  labor  asso- 
ciation, or  labor  organization,  certified  to  by  any  officer 
authorized  to  take  acknowledgments  of  conveyances,  set- 
ting forth  that  the  trade  union,  labor  association,  or  labor 
•organization  of  which  he  is  the  president  is  the  exclusive 
owner,  or  agent  of  the  owner,  of  such  trade  mark;  and  all 
the  provisions  of  article  three,  chapter  seven,  title  seven, 
part  three,  of  the  Political  Code,  are  hereby  made  ap- 
plicable to  such  trade  mark.    En.  Stats.  1887,  167. 

§  3201.  Infringement  of  trade  mark  used  by  trade  union. 
The  president  or  other  presiding  officer  of  any  trade  union, 
labor  association,  or  labor  organization,  organized  and  ex- 
isting in  this  state,  which  shall  have  complied  with  the 
provisions  of  the  preceding  section,  is  hereby  authorized 
and  empowered  to  commence  and  prosecute  in  his  own 
name  any  action  or  proceedings  he  may  deem  necessary 
for  the  protection  of  any  trade'  mark  adopted  or  in  use 
under  the  provisions  of  the  preceding  section,  or  for  the 
protection  or  enforcement  of  any  rights  or  powers  which 
may  accrue  to  such  trade  union,  labor  association,  or  labor 
organization  by  the  use  or  adoption  of  said  trade  mark. 
En.  Stats.  1887,  168. 


CHAPTER  VIII. 

VfEIGHTS    AND    MEASURES. 

§  3209.  The   standard   of   wtig-hts   and   measures. 

§  3210.  The    unit    of    extension. 

§  3211.  Division    of    the    yard. 

§  3212.  The  rod,   the  mile,   and   the  chain. 

§  3213.  The    acre. 

§  3214.  The   unit   of  weights. 

§  3215.  Division    of  the  pound. 

Jj  321tj.  TTnit   of   liquid   measures. 

§  3217.  The    barrel,    the    hogshead. 

§  3218.  ITnit   of   solid   measure. 

I  3219.  Division    of   the    l':alf   bushel. 

§  3220.  Division   of   capacity   for   commodities. 

§  "221.  Heap    measure. 

§  3222.  Contracts    construed    accordingly. 

§  3223.  W^eights  of  bushels  of  various  products. 

§  3209.  The  standard  of  weiglits  and  measures.  The 
standard  weights  and  measures  now  in  charge  of  the  Sec- 
retary of  State  being  the  same  that  were  furnished  to 
this  state  by  the  government  of  the  United  States,  and  con- 


§§  3210-3215  WEIGHTS    AND    MEASURES.  734 

sisting  of  one  standard  yard  measure;  one  set  of  standara 
weights,  comprising  one  troy  pound,  and  nine  avoirdupois 
weights  of  one,  two,  three,  four,  five,  ten,  twenty,  twenty- 
five,  and  fifty  pounds,  respectively;  one  set  of  standard 
troy  ounce  weights,  divided  decimally  from  ten  ounces  to 
the  one  ten-thousandths  of  an  ounce;  one  set  of  standard 
liquid  capacity  measures,  consisting  of  one  wine  gallon  of 
two  hundred  and  thirty-one  cubic  Inches,  one  half-gallon, 
one  quart,  one  pint,  and  one  half-pint  measure;  and  one 
standard  half  bushel,  containing  one  thousand  and  seventy- 
five  cubic  Inches  and  twenty-one  hundredths  of  a  cubic 
inch,  according  to  the  inch  hereby  adopted  as  the  standard, 
are  the  standards  of  weights  and  measures  throughout 
the  state.    En.  March  12,  1872. 

Sealers  of  weights  and  measures:  Ante,  sees.   561-567. 

False  weights  and  measures:  Pen.  Code,  sees.  552-555. 

§  3210.  The  unit  of  extension.  The  standard  yard  is 
the  unit  or  standard  measure  of  length  and  surface  from 
which  all  other  measures  of  extension,  whether  lineal, 
superficial,  or  solid,  are  derived  and  ascertained.  En. 
March  12,  1872. 

§  3211.  Division  of  the  yard.  The  yard  Is  divided  into 
three  equal  parts,  called  feet,  and  each  foot  Into  twelve 
equal  parts,  called  Inches;  for  measures  of  cloths  and  other 
commodities  commonly  sold  by  the  yard,  It  may  be  divided 
into  halves,  quarters,  eighths,  and  sixteenths.  En.  March 
12,  1872. 

§  3212.  The  rod,  the  mile,  and  the  chain.  The  rod,  pole, 
or  perch,  contains  five  and  a  half  yards,  and  the  mile  one 
thousand  seven  hundred  and  sixty  yards;  the  chain  for 
measuring  land  is  twenty-two  yards  long,  and  divided  into 
one  hundred  equal  parts,  called  links.     En.  March  12,  1872. 

§  3213.  The  acre.  The  acre  for  land  measure  must  be 
measured  horizontally,  and  contains  ten  square  chains, 
and  is  equivalent  in  area  to  a  rectangle  sixteen  rods  in 
length  and  ten  in  breadth;  six  hundred  and  forty  acres 
being  contained  in  a  square  mile.     En.  March  12,  1872. 

§  3214.  The  unit  of  weights.  The  standard  avoirdupois 
and  troy  weights  are  the  units  or  standards  of  weight  from 
which  all  other  weights  are  derived  and  ascertained.  En. 
March  12.  1872. 

§  3215.  Division  of  the  pound.  The  avoirdupois  pound, 
which  bears  to  the  troy  pound  the  ratio  of  seven  thousand 


735  WEIGHTS    AND    MEASURES^  §§  3216-3222 

to  five  thousand  seven  hundred  and  sixty,  is  divided  into 
sixteen  equal  parts,  called  ounces;  the  hundredweight 
consists  of  one  hundred  avoirdupois  pounds,  and  twenty 
hundredweight  constitute  a  ton.  The  troy  ounce  is  equal 
to  the  twelfth  part  of  the  troy  pound.  En.  March  12,  Ui2. 
Cal.  Rep.  Cit.     109,  310;   120,  630. 

§  3216.  Unit  of  liquid  measures.  The  standard  gallon 
and  its  parts  are  the  units  or  standards  of  measure  of  ca- 
pacity for  liquids,  from  which  all  other  measures  of  liquids 
are  derived  and  ascertained.     En.  March  12,  1872. 

§  3217.  The  barrel,  the  hogshead.  The  barrel  is  equal 
to  thirty-one  and  a  half  gallons,  and  two  barrels  constitute 
a  hogshead.    En.  March  12,  1872. 

§3218.  Unit  of  sol rd  measure.  The  standard  half  bushel 
is  the  unit  or  standard  measure  of  capacity  for  substances 
other  than  liquids,  from  which  all  other  measures  of  such 
substances  are  derived  and  ascertained.  En.  March  12, 
1872. 

§  3219.  Division  of  the  half  bushel.  The  peck,  half  peck. 
Quarter  peck,  quart,  and  pint  measures  for  measuring 
commodities  other  than  liquid  are  derived  from  the  half 
bushel  by  successively  dividing  that  measure  by  two.  En. 
March  12,  1872. 

§  3220.  Division  of  capacity  for  commodities.  The 
measures  of  capacity  for  coal,  ashes,  marl,  manure,  Indian 
corn  in  the  ear,  fruit  and  roots  of  every  kind,  and  for  all 
other  commodities  commonly  sold  by  heap  measure,  are  the 
half  bushel  and  its  multiples  and  subdivisions;  and  the 
measures  used  to  measure  such  commodities  must  be  made 
cylindrical,  with  plane  and  even  bottom,  and  must  be  of 
the  following  diameters  from  outside  to  outside;  the  bushel, 
nineteen  and  a  half  inches;  half  bushel,  fifteen  and  a  half 
inches,  and  the  peck,  twelve  and  a  third  inches.  En. 
March  12,  1872. 

§  3221.  Heap  measure.  All  commodities  sold  by  heap 
measure  must  be  duly  heaped  up  in  the  form  of  a  cone; 
the  outside  of  the  measure,  by  which  the  same  are  meas- 
ured, to  be  the  limit  of  the  base  of  the  cone,  and  such  cone 
to  be  as  high  as  the  article  will  admit.  En.  March  12, 
1872. 

§  3222.  Contracts  construed  accordingly.  Contracts 
made  within  this  state  for  work  to  be  done,  or  for  anything 


§§  3223-3235       LABOR,    ETC.,    ON    PUBLIC    BUILDINGS.  Tib 

to  be  sold  or  delivered  by  weight  or  measure,   must  be 
construed     according     to     the     foregoing     standards.    En. 
March  12,  1872. 
Cal.  Rep.  Cit.     120,  630. 

§  3223.  Weights  of  bushels  of  various  products.  When- 
ever wheat,  rye,  Indian  corn,  barley,  buckwheat,  or  oats, 
are  sold  by  the  bushe.',  and  no  special  agreement  as  to  the 
weight  or  measurement  is  made  by  the  parties,  the  bushel 
consists  of  sixty  pounds  of  wheat,  of  fifty-four  pounds  of 
rye,  of  fifty-two  pounds  of  Indian  corn,  of  fifty  pounds  of 
barley,  of  forty  pounds  of  buckwheat,  and  of  thirty-two 
pounds  of  oats.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     47,  510. 

CHAPTER  IX. 

LABOR    AND    MATERIAL    ON    PUBLIC    BUILDINGS. 

§  3233.    Labor  must  be  done  by  day's  work. 

§  3234.    Material    must   be    furnished    by    contract. 

§  3235.     Product    of   Mongolian    labor. 

§  3233.  Labor  must  be  done  by  day's  work.  All  work 
done  upon  the  public  buildings  of  this  state  must  be  done 
under  the  supervision  of  h.  superintendent,  or  state  ofiicer 
or  officers  having  charge  of  the  work,  and  all  labor  em- 
ployed on  such  buildings,  whether  skilled  or  unskilled, 
must  be  employed  by  the  day,  and  no  work  upon  any  of 
such  buildings  must  be  done  by  contract.  En.  March  12, 
1872. 

Acts  relating  to  public  works:  See  General  Laws,  title 
Public  "Works. 

§  3234.  iViaterial  must  be  furnished  by  contract.  All 
materials  to  be  used  on  any  of  the  public  buildings  must 
be  furnished  by  contract,  in  accordance  with  the  plans  and 
specifications  and  proposals  therefor.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     47,  510. 

See  General  Laws,  title  Public  Works. 

§  3235.  Product  of  Mongolian  labor.  No  supplies  of  any 
kind  or  character,  "for  the  benefit  of  the  state,  or  to  be 
paid  for  by  any  moneys  appropriated  or  to  be  appropriated 
by  the  state,"  manufactured  or  grown  in  this  state,  which 
are  in  whole  or  in  part  the  product  of  Mongolian  labor, 
shall  be  purchased  by  the  officials  for  the  state  having  the 
control  of  any  public  institution  under  the  control  of  the 


737  HOURS    OF    LABOR.  §§  3244-3246 

state,  or  of  any   county,   city   and   county,   city,   or   town 
thereof.     En.  Stats.  1887,  171. 

CHAPTER  X. 

HOURS    OF    LABOR. 

§  3l'44.  Eight   hours   a   day's   work. 

§  324'.").  Same,   on   public   work.s. 

§  3246.  Twelve   hours   on   street  cars. 

?  .^247.  Recovery    for    labor    over    twelve    hours    dally. 

§  3247.  Preference    in    purchase    of    supplies. 

§  3248.  Form   of  complaint. 

§  3240.  Provisions    applicable    to    contracts    to    labor. 

§  .3250.  Hours   of   labor   on    street   cars.     Penalty    for   violation. 

§  3244.  Eight  hours  a  day's  work.  Eight  hours  of  labor 
constitutes  a  day's  work,  unless  it  is  otherwise  expressly 
stipulated  by  the  parties  to  a  contract,  except  those  con- 
tracts withii.  the  provisions  of  sections  three  thousand 
two  hundred  and  forty-six,  three  thousand  two  hundred  and 
forty-seven,  and  three  thousand  two  hundred  and  forty- 
eight  of  this  code.     En.  March  12,  1872.     Am'd.  1887,  101. 

§  3245.  Same,  on  public  works.  Eight  hours'  labor  con- 
stitute a  legal  day's  work  in  all  cases  where  the  same 
is  performed  under  the  authority  of  any  law  of  this  state, 
or  under  the  direction,  control,  or  by  the  authority  of  any 
officer  of  this  state  acting  in  his  oiacial  capacity,  or  under 
the  direction,  control,  or  by  the  authority  of  any  municipal 
corporation  wuthin  this  state,  or  of  any  officer  thereof 
acting  as  such;  and  a  stipulation  to  that  effect  must  be 
made  a  part  of  all  contracts  to  which  the  state  or  any 
municipal  corporation  therein  is  a  party.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     47,  f09;  98,  588;  98,  589;  98,  590;  98,  591. 

Hours  of  labor:  See  General  Laws,  title  Hours  of  La- 
bor. 

§  3246.  Twelve  hours  on  street  cars.  Twelve  hours' 
labor  constitutes  a  day's  work  on  the  part  of  drivers  and 
conductors,  and  gripmen  of  street  cars  for  the  carriage  of 
Passengers.  Any  contract  for  a  greater  number  of  hours' 
labor  in  one  day  shal.  be  and  is  void,  at  the  option  of  the 
employee,  without  regard  to  the  terms  of  employment, 
whether  the  same  be  by  the  hbur,  day,  week,  month,  or  any 
other  period  of  time,  or  by  or  according  to  the  trip  or  trips 
that  the  car  may,  might,  or  can  make  between  the  termini 
of  the  route,  or  any  less  distance  thereof.    Any  and  every 

Pol.  Code— 47 


§§  3247,  3248  HOURS    OF    LABOR.  738 

person  laboring  over  twelve  hours  in  one  day  as  driver, 
or  conductor,  of  gripman,  on  any  street  railroad,  shall  re- 
ceive from  his  employer  thirty  cents  for  each  hour's  labor 
over  twelve  hours  in  each  day.     En.  Stats.  1887,  101. 

§  3247.  Recovery  for  labor  over  twelve  hours  daily. 
In  actions  to  recover  the  value  or  price  of  labor  under 
section  three  thousand  two  hundred  and  forty-six  of  this 
code,  the  plaintiff  may  include  in  one  action  his  claim  for 
the  number  of  days,  and  the  number  of  hours'  work  over 
twelve  hours  in  each  day,  performed  by  him  for  the  de- 
fendant, and  the  court  shall  exclude  all  evidence  of  agree- 
ment to  labor  over  twelve  hours  in  one  day  for  a  less  price 
than  thirty  cents,  and  the  court  shall  exclude  any  receipt 
of  payment  for  hours  of  labor  over  twelve  hours  in  one 
day,  unless  it  be  established  that  at  least  thirty  cents  for 
each  hour  of  labor  over  twelve  hours  in  one  day  has  been 
actually  paid,  and  a  partial  payment  shall  not  be  deemed 
or  considered  a  payment  in  full.     En.  Stats.  1887,  102. 

§  3247.  Preference  in  purchase  of  supplies.  Any  person, 
committee,  board,  officer,  or  any  other  person  charged  with 
the  purchase,  or  permitted  or  authorized  to  purchase  sup- 
plies, goods,  wares,  merchandise,  manufactures  or  produce, 
for  the  use  of  the  state,  or  of  any  of  its  institutions  or 
officers,  or  for  the  use  of  any  county  or  consolidated  city 
and  county,  or  city,  or  town,  shall  always,  price,  fitness, 
and  quality  equal,  prefer  such  supplies,  goods,  wares,  mer- 
chandise, manufactures  or  produce  as  has  been  grown, 
manufactured,  or  produced  in  this  state,  and  shall  next 
prefer  such  as  have  been  partially  so  manufactured,  grown, 
or  produced  in  this  state.  All  state,  county,  city  and 
county,  city  or  town  officers,  all  boards,  commissions,  or 
other  persons  charged  with  advertising  for  any  such  sup- 
plies shall  state  in  their  advertisement  that  such  prefer- 
ences will  be  made.  In  any  such  advertisement  no  bid 
shall  be  asked  for  any  article  of  a  specific  brand  or  mark 
nor  any  patent  apparatus  or  appliances,  when  such  require- 
ment would  prevent  proper  competition  on  the  part  of 
dealers  in  other  articles  of  equal  value,  utility,  or  merit. 
En.  Stats.  1897,  208. 

§  3248.  Form  of  complaint.  In  actions  under  section 
three  thousand  two  hundred  and  forty-six  of  this  code 
the  complaint  may  be  in  the  following  form:  Title  of  case 


739  TIME.  68  3249-3255 

and  venue.  Plaintiff  complains  of  defendant,  and  for 
cause  of  action  states:  That  between  (stating  first  and 
last  dates)  he  worked  for  defendant  as  conductor,  driver, 
or  gripman,  on  defendant's  street  railroad  in  (stating 
place),  for  (stating  number  of  days),  at  the  agreed  rate  of 
(stating  price)  per  day,  week,  or  month,  and  for  such  labor 
defendant  has  paid  plaintiff  the  sum  of  (stating  sum  due), 
due  plaintiff  from  defendant  for  said  labor.  The  plaintiff 
further  states  that  during  the  said  period  of  time  he 
worked  for  defendant  as  such  (conductor,  driver,  or  grip- 
man),  on  sundry  days,  and  performed  (stating  number  of 
hours)  hours'  work  in  excess  of  twelve  hours  in  one  day, 
for  which  there  is  due  plaintiff  from  defendant  the  sum 

of  stating  the  sum  due)  and  costs.     Signed  .     En. 

Stats.  1887,  102. 

§  3249.     Provisions  applicable  to  contracts  to  labor.    The 

provisions  of  sections  three  thousand  two  hundred  and 
forty-seven  and  tnree  thousand  two  hundred  and  forty- 
eight  of  this  code  are  applicable  to  every  contract  to  labor 
made  by  the  persons  named  in  section  three  thousand  two 
hundred  and  forty-six.     En.  Stats.  1887,  102. 

§  3250.  Hours  of  labor  on  street  cars.  Penalty  for  vio- 
lation. No  person  shall  be  employed  as  conductor,  or 
driver,  or  gripman,  on  any  street  railroad,  for  more  than 
twelve  hours  in  one  day,  except  as  in  this  act  provided, 
and  any  corporation,  or  company,  Ox  owner,  or  agent,  or 
superintendent,  who  knowingly  employs  any  person  in  such 
capacity  for  more  than  twelve  hours  in  one  day,  in  viola- 
tion of  the  terms  of  this  act,  shall  forfeit  the  sum  of  fifty 
dollars  as  a  penalty  for  such  offense,  to  the  use  of  the 
person  prosecuting  any  action  therefor,  and  any  number  of 
forfeits  may  be  prosecuted  in  one  action.  En.  Stats.  1887, 
102. 

CHAPTER  XI. 

TIME. 

§  3255.  Time,    how   computed. 

§  3256.  Leap  year. 

§  Slid?.  The   year  and   Its  parts. 

§  32.58.  The   week. 

§  3259.  The  day. 

§  3260.  "Day-time,"     and     "night-time"     defined. 

§  3255.  Time,  how  computed.  Time  is  computed  ac- 
cording to  the  Gregorian  or  new  style;   and  the  first  day  of 


.  §§  3256-3260  MONET    OF    ACCOUNT.  T« 

January  in  every  year  passed  since  seventeen  hundred  and 
fifty-two,  or  to  come,  must  be  reckoned  as  the  first  day  of 
the  year.     En.  March  12,  1872. 

§  3256.  Leap  year.  The  several  years  one  thousand 
nine  hundred,  two  thousand  one  hundred,  two  thousand  two 
hundred,  two  thousand  three  hundred,  or  any  other  future 
hundredth  year,  of  which  the  year  two  thousand  is  the 
first,  except  only  every  fourth  hundredth  year,  are  not 
leap  years,  but  common  years  of  three  hundred  and  sixty- 
five  days;  and  the  years  two  thousand,  two  thousand  four 
hundred,  two  thousand  eight  hundred,  and  every  other 
fourth  hundredth  year  from  the  year  two  thousand,  inclu- 
sive, and  also  every  fourth  year,  except  as  above  men- 
tioned, which,  by  usage,  in  this  state  is  considered  a  leap 
year,  is  a  leap  year  consisting  of  three  hundred  and  sixty- 
six  days.     En.  March  12,  1872. 

§  3257.  The  year  and. its  parts.  The  term  "year"  means 
a  period  of  three  hundred  and  sixty-five  days;  a  half 
year,  one  hundred  and  eighty-two  days;  a  quarter  of  a 
year,  ninety-one  days,  and  the  added  day  of  a  leap  year, 
and  the  day  immediately  preceding,  if  they  occur  in  any 
such  period,  must  be  reckoned  together  as  one  day.  En. 
March  12,  1872. 

Fiscal  year,  act  providing  for  change  of:  See  act  ap- 
proved March  26,  1895;   Stats.  1895,  p.  128. 

§  3258.     The  week      A  week  consists  of  seven  consecu- 
tive  days.     En.   March   12,   1872. 
Cal.  Rep.  Cit.     58,  238;  121,  527. 

§  3259.  The  day.  A  day  is  the  period  of  time  between 
any  midnight  and  the  midnight  following.  En.  March  12, 
1872. 

Cal.   Rep.    Cit.     57,   332;    89,   470;    104,   522. 

§  3260.  "Day-time,"  and  "night-time"  defined.  "Day- 
time" is  the  period  of  time  between  "sunrise"  and  "sun- 
set," and  "night-time"  is  the  period  of  time  between  "sun- 
set" and  "sunrise."    En.  March  12,  1872. 

CHAPTER  XII. 

MONEY    OF    ACCOUNT. 

§  3272.     Money   of   account. 

§  3273.     I.,lmHatlon    on    preceding   section. 

S  3274.    Amount,    how   stated   In   judgments,   etc. 


741  AUCTIONS.  §§  3272-3281 

§  3272.  Money  of  account.  The  money  of  account  of  this 
state  is  the  dollar,  cent,  and  mill.  Public  accounts  and 
all  proceedings  in  courts  must  be  l^ept  and  had  in  con- 
formity to  this  regulation.     En.  March  12,  1872. 

§  3273.  Limitation  on  preceding  section.  The  provisions 
of  the  preceding  section  do  not  vitiate  or  affect  any  ac- 
count, charge,  or  entry  originally  made,  or  any  note,  bond, 
or  other  instrument,  expressed  in  any  other  money  of 
account;  but  the  same  must  be  reduced  to  dollars,  or  parts 
of  dollars,  in  any  suit  thereupon.     En.  March  12,  1872. 

§  3274.  Amount,  how  stated  in  judgments,  etc.  In  judg- 
ments and  executions  the  amount  thereof  must  be  com- 
puted and  stated  as  near  as  may  be  in  dollars  and  cents, 
rejecting  fractions.     En.  March  12,  1872. 


CHAPTE'R  XIII. 

AUCTIONS. 

Article    I.     Auctioneers,    §§    3284-3292. 

II.     Regulations   Respecting   Sales,    §§    3302-3310. 
III.     Frauds   and   Penalties,    §§    3322-3324. 

ARTICLE  I. 

AUCTIONEERS. 

§  32S4.  Who   may    become    auctioneers,    and    how. 

§  32S.5.  The    bond,    sureties,    approval,    and    filing. 

§  32SH.  Government    goods    are    exempt. 

§  32S7.  Original    application,     how    classified. 

I  3288.  Renewal   of  license. 

§  3289.  Renewal,    for  how  long;    exceeding  class  by  sales. 

§  3290.  Not    to    transfer    license. 

§  3291.  Auctioneers  ex-offlcio. 

§  3292.  Assistant,    who   may   act   and   when. 

§  3284.     Who  may  become  auctioneers,  and  how.     Any 

citizen  of  this  state  may  become  an  auctioneer  for  the 
county  in  which  he  resides,  and  i_  authorized  to  sell  real 
and  personal  property  at  public  auction,  on  giving  a  bond 
in  accordance  with  the  provisions  of  this  article  for  the 
faithful  performance  of  his  duties,  and  on  the  payment 
of  the  license  therefor.     En.  March  12,  1872. 

Auctioneer,  authority  of:  See  Civ.  Code,  sees.  2362, 
2363.  Illegally  acting  as,  is  misdemeanor:  Pen.  Code,  sec 
436. 

Sale  by  auction:  Civ.  Code,  sees.  1792-1798.  Of  delin- 
quent stock;  Civ.  Code,  sees.  341  et  seq.    Of  pledged  prop- 


§§  3285-3289  AUCTIONS.  14a 

erty:  Civ.  Code,  sec.  3005.  Mock  auctions,  punishment 
and  forfeiture  of  license  for:  Pen.  Code,  sec.  535. 

§  3285.     The   bond,   sureties,  approval,   and   filing.     The 

bond  must  be  conditioned  to  be  paid  to  the  people  of  the 
state  of  California,  with  one  or  more  sureties,  in  the  sum 
of  five  thousand  dollars,  and  approved  by  the  judge  of  the 
superior  court  of  the  county  in  which  the  auctioneer  pro- 
poses to  do  business,  and  must  be  filed  in  the  office  of  the 
county  clerk  of  the  county.  En.  March  12,  1872.  Am'd. 
1880,  23. 

§  3286.  Government  goods  are  exempt.  No  auctioneers' 
license  is  required  for  the  selling  of  any  goods  at  public 
sale  belonging  to  the  United  States,  or  to  this  state,  or 
for  the  sale  of  property  by  virtue  of  any  process  issued  by 
any  state  or  federal  court.     En.  March  12,  1872. 

§  3287.  Original  application,  how  classified.  Every 
original  application  for  auctioneers'  license  must  be  accom- 
panied with  a  verified  statement  of  the  amount  of  sales 
proposed  to  be  made  monthly,  and  the  license  charge  must 
be  for  the  first  quarter  classified  thereby.  En.  March  12, 
1872. 

Carrying  on  business  without  a  license  is  misdemeanor: 
Pen.  Code,  sec.  435. 

Amount  of  license  for  various  classes  of  auctioneers; 
Post,  sec.  3376. 

§  3288.  Renewal  of  license.  Every  auctioneer  applying 
to  the  tax  collector  for  a  renewal  of  his  license  must 
accompany  the  application  with  a  stafement,  under  oath, 
setting  forth  that  his  average  receipts  per  month  on  ac- 
count of  sales  during  the  preceding  quarter  did  not  exceed 
the  amount  specified  in  the  class  of  license  for  which 
he  applies.  The  tax  collector  must  provide  blank  forms 
of  affidavit  for  that  purpose,  and  administer  the  oath  re- 
quired to  such  applicants  without  charge.  En.  March  12, 
1872. 

§  3289.  Renewal,  for  how  long;  exceeding  class  by 
sales.  After  the  first  quarter  licenses  may  be  issued  for 
the  class  fixed  for  a  term  not  exceeding  one  year,  at  the 
option  of  the  auctioneer.  No  auctioneer  must  exceed  the 
amount  of  sales  of  the  class  in  which  his  license  is  fixed. 
For  every  violation  of  this  section,  in  addition  to  the  crim- 


7*8  AUCTIONS.   .  §§  3290-3302 

inal  penalty,  the  auctioneer  forfeits  two  hundred  and  fifty 
dollars.     En.  March  l2,  1872. 

Penalties,  recovery  and  disposition  of:  See  post,  sec. 
3323. 

§  3290.  Not  to  transfer  license.  No  auctioneer  is  per- 
mitted to  transfer  his  license  to  any  other  person  for  any 
part  of  the  time  for  which  his  license  is  issued;  nor  is 
any  auctioneer  permitted  to  use  his  license  for  the  purpose 
of  transacting  an  auction  business  in  more  than  one  store 
or  specified  place  of  business.     En.  March  12,  1872. 

More  than  one  place:   See  post,  sec.  3302. 

§  3291.  Auctioneers  ex-officio.  In  any  city  or  town 
where  there  is  no  auctioneer,  the  sheriff  or  a  constable 
thereof  is  ex-officio  auctioneer,  and  is  permitted  to  sell 
any  property,  real  or  personal,  at  public  auction;  and  for 
any  delinquency  as  such  ex-officio  auctioneer  he  is  liable  on 
his  official  bond.     En.  March  12,  1872. 

§  3292.  Assistant,  who  may  act  and  wlien.  Every  auc- 
tioneer, in  case  of  inability  to  attend  an  auction  by  reason 
of  sickness,  or  the  performance  of  any  duty  imposed  upon 
him  by  law,  or  during  a  temporary  absence  from  the  city 
or  county  within  which  he  is  auctioneer,  may  employ  a 
copartner  or  clerk  to  hold  such  auction  in  his  name,  and 
behalf,  such  employee  to  take  and  file  with  the  clerk  of 
the  county  an  affidavu  faithfully  to  perform  the  duties  of 
auctioneer.  But  any  auctioneer  may  employ  a  crier  at 
any  sale,  for  whose  acts  he  shall  be  responsible.  En. 
March   12,    1872.     An.'d.    1873-4,    136. 


ARTICLE  II. 

REGULATIONS    RKSPJECTING   SALES. 

§  3302.  Auctioneers   to   designate   places   of  business. 

§  3303.  To  sell  at  no  other  place. 

§  3304.  Power    of    city    authorities. 

§  3305.  Book   for  live  stocla. 

§  3306.  Book    of    sales. 

§  3307.  Advertisement   of  auction   sales   In   San    Francisco. 

§  3308.  Evening   sales   in    San    Francisco   and    Sacramento. 

§  3309.  Cotnmisslons,    and   penalty   of   overcharge. 

§  3310.  Quarterly    report    of    sales. 

§  3302.     Auctioneers  to  designate  places  of  business.    No 
auctioneer   in   any   city   of   this   state   must  have   at   one 


§§  3303-3307  -AUCTIONS.  f44 

time  more  than  one  rlace  for  holding  auction;  and  every 
such  aiictioneer.  before  acting  as  such,  must  file  with  the 
clerk  of  the  county  in  which  such  city  is  situated  a  writing 
signed  by  him  designating  such  place,  and  naming  therein 
the  partners,  if  any,  engaged  with  him  in  business.  En. 
March   12,    1872. 

§  3303.  To  sell  at  no  other  place.  No  auctioneer  must 
expose  to  sale  any  articles  at  any  other  place  than  that 
so  designated,  except  goods  sold  in  original  packages  as 
imported,  househ  ild  furniture,  and  such  bulky  articles  as 
have  usually  been  sold  in  warehouses,  or  in  the  public 
streets,  or  on  the  wharves.     En.  March  12,  1872. 

§  3304.  Power  of  city  authorities.  The  commcji  council 
or  other  corresponding  authority  of  each  city  may  desig- 
nate such  place  or  places  therein  for  the  sale  by  auction 
of  horses,  carriages,  and  household  furniture,  as  they 
deem  expedient.     En.  March  12.  1872. 

§  3305.  Book  for  live  stock.  Every  auctioneer  who  sells 
any  animal  of  the  horse  kind,  or  any  mules,  must  keep 
a  book,  in  which  he  must  register  the  name  of  each  and 
every  person  bringing  or  offering  any  horse  or  mule  to  be 
sold,  and  the  name  of  the  person  purchasing  such  horse 
or  mule,  together  with  the  date  of  such  sale,  and  a  descrip- 
tion of  eaf'h  horse  or  mule  sold,  together  with  the  marks 
and  brands.  The  book  is  a  public  record,  subject  to  the 
inspection  of  any  person  desiring  to  inspect  the  same. 
En.'  March  12,  1872. 

§  3306.  Book  of  sales.  Each  auctioneer  must  keep  a 
book,  in  which  he  must  enter  all  sales,  showing  the  name 
of  the  owner  of  the  goods  sold,  to  whom  sold,  and  the 
amount  paid,  and  the  date  of  each  sale,  which  book  must 
at  all  times  be  open  for  the  inspection  of  any  person  in- 
terested therein.     En.  March  12,  1872. 

5  3307.  Advertisement  of  auction  sales  in  San  Fran- 
cisco. Every  auctioneer  in  the  city  of  San  Francisco  must, 
under  his  own  name,  give  previous  notice  in  one  or  more 
of  the  publif-  newspapers  printed  in  that  city  of  every 
auction  sale  made  by  him;  and  in  case  he  is  connected 
v/ith  any  person  or  firm,  his  name  must  in  all  cases  pre- 


745  AUCTIONS.  §§  3308-3310 

cede,  separately  and  individually,  the  name  of  such  per- 
son or  the  title  of  the  firm.     En.  March  12,  1872. 

§  3308.  Evening  sales  in  San  Francisco  and  Sacramento. 
All  sales  of  goods  by  public  auction  in  the  cities  of  San 
Francisco  and  Sacramento  must  be  made  in  the  day-time, 
between  sunrise  and   sunset,   excepting: 

1.  Books,  prints,  or  paintings; 

2.  Goods  sold  in  the  original  package  as  imported,  ac- 
cording to  a  printed  catalogue,  of  which  samples  must 
have  been  opened  and  exposed  to  public  inspection  at  least 
one  day  previous  to  the  sale.     En.  March  12,  1872. 

§  3309.  Commissions,  and  penalty  of  overcharge.  No 
auctioneer  must  demand  or  receive  a  higher  compensation 
for  his  services  than  a  commission  of  one  per  cent  on  the 
amount  of  any  sales,  public  or  private,  made  by  him, 
unless  by  virtue  of  a  previous  agreement  in  writing 
between  him  and  the  owner  or  consignee.  Every  auction- 
eer who  violates  this  section,  in  addition  to  the  criminal 
penalty,  forfeits  to  the  party  aggrieved  two  hundred  and 
fifty  dollars,  and  must  refund  the  excess  of  charge.  En. 
March  12,  1872. 

§  3310.  Quarterly  report  of  sales.  Every  auctioneer 
must  quarterly  make  to  the  county  auditor  a  report,  under 
oath,  showing: 

1.  The  aggregate  amount  of  auction  sales  made  by  him 
for  the  preceding  quarter,  designating  the  months  and  the 
amount  for  each  month; 

2.  The  days  of  each  month  on  which  auction  sales  were 
made,  and  the  character  of  property  sold  by  him  during 
each  month; 

3.  The  amount  of  all  private  sales  made,  and  the  day  on 
which  they  were  made; 

4.  A  statement  of  any  partner,  clerk,  or  other  employee 
connected  with  him  in  his  business,  and  what  sales,  if  any, 
have  been  conducted     y  them,  and  why;  and, 

.     5.  The  particular  place  where  his  business  is  conducted. 
En.  March  12,  1872. 

False  report  or  neglect  to  make  any  report,  penalty  for: 
Post,  sec.  3322. 


§§  3322-3335  FIRES    AND    FIREMEN.  746 

ARTICLE  III. 

FRAUDS    AND    PENALTIES. 

§  3322.     Penalty    for   not   reporting,    or   reporting   falsely. 
§  3323.     Penalties,    how   recovered,   and   for   what. 
§  3324'.     Action   on  bend. 

§  3322.  Penalty  for  not  reporting,  or  reporting  falsely. 
For  every  false  report  made,  and  for  every  neglect  to  make 
the  report  required  in  the  preceding  article,  the  auctioneer 
thereby  forfeits  the  sum  of  two  hundred  and  fifty  dollars, 
to  be  recovered  on  his  bond.     En.  March  12,  1872. 

Penal  provisions  c.acerning  auctions:  See  Pen.  Code, 
sees.  436,  535. 

§  3323.     Penalties,    j.ow    recovered,    and    for   what.     The 

penalties  imposed  by  the  provisions  of  this  chapter,  not 
otherwise  appropriated,  must  be  prosecuted  for  by  the 
disti'ict  attorney  of  the  proper  county,  the  moneys  re- 
covered to  be  paid  to  the  county  treasurer  for  the  use  of 
the   general   fund   of  the   county.     En.   March   12,   1872. 

§  3324.  Action  on  bond.  Any  one  aggrieved  or  damaged 
by  any  act  of  an  auctioneer,  in  violation  of  or  contrary  to 
the  provisions  of  this  chapter,  has  an  action  against  him 
and  his  bondsmen  on  his  official  bond  therefor.  En.  March 
12,   1872. 

CHAPTER  XIV. 

FIRES    AND    FIREMEN. 

§  3335.  Fire    companies,    how    organized. 

§  3336.  To   elect   officers  and  adopt   by-laws. 

§  3337.  Firemen,    what   exempt   from. 

§  333S.  Exempt    certificate,    by   and    to    whom   issued. 

§  3339.  County    clerk   may    issue   exempt    certificates,    when. 

§  3340.  Seal  of  department,   who   to   use  and  keep. 

§  3341.  Record   and   certilicate   of   exemption. 

§  3342.  Duties   of   chief   of   flre   department. 

§  3343.  Chief    to    attend    fires   and    pieserve   property. 

§  "341.  S'ittiiig  woods  on   flre. 

§  3345.  Extinguishing    fire    in    woods. 

§  3335,  Fire  companies,  how  organized.  Fire  companies 
in  incorporated  cities  and  towns  are  formed  and  organized 
under  .special  laws,  or  under  authority  conferred  upon  the 
city  or  town  government.  Those  in  incorporated  towns 
and  villages  are  organized  by  filing,  with  the  recorder  of 


747  FIRES    AND    FIREMEN.  g§  3336,  3337 

the  county  in  which  they  are  located,  a  certificate  in 
writing,  signed  by  the  foreman  or  presiding  officer  and 
secretary,  setting  forth  the  date  of  the  organization,  name, 
officers,  and  roll  of  active  and  honorary  members,  which 
certificate  and  filing  must  be  renewed  every  six  months. 
I'here  shall  not  be  allowed  to  any  such  cities,  towns,  or 
villages,  more  than  one  company  for  each  one  thousand 
inhabitants,  but  one  company  shall  be  allowed  in  any 
city,  town,  or  village  where  the  population  is  less  than  one 
thousand.  There  shall  not  be  allowed  to  any  engine  com- 
pany more  than  sixty-five  certificate  members,  to  any  hook 
anu  ladder  company  more  than  sixty-five  certificate  mem- 
bers, to  any  hose  company  more  than  twenty-five  certifi- 
cate members.     En.  March  12,  1872.     Am'd.   1877-8,  61. 

Cal.  Rep.   Cit.     100,  263. 

Fire  department  and  commissioners  in  unincorporated 
towns  and  villages,  act  providing  for:  See  post.  Appendix, 
title  Fire  Department. 

Yearly  vacations  to  members:  See  post.  Appendix,  title 
fire  Department. 

Premiums  by  foreign  insurance  companies  for  benefit  of 
disabled  firemen:  bee  post,  Appendix,  title  Fire  Depart- 
ment. 

Pensions  for  disabled  firemen:  See  post,  Appendix,  title 
Fire  Department. 

Exempt  firemen's  fund  and  act  for,  enrollment  of  exempt 
firemen:   See  post,  Appendix,  title  Fire  Department. 

Act  relating  to  increasing  efficiency  of  department  in 
certain  cities:    See  post,  Appendix,  title  Fire  Department. 

j  3336.  To  elect  Oificers  and  adopt  by-laws.  Every  such 
Lre  company  must  chose  or  elect  a  foreman,  who  is  the 
presiding  officer,  and  a  secretary  and  treasurer,  rid  may 
establish  and  adopt  by-laws  and  regulations,  and  impose 
penalties,  not  exceeding  five  dollars  or  expulsion  for  each 
offense.     En.  March  12,  1872. 

Cal.   Rep.   Cit.     100,    263. 

§  3337.  Firemen,  what  exempt  from.  The  officers  and 
members  of  unpaid  fire  companies  regularly  organized, 
and  exempt  firemen,  are  entitled  to  the  following  privileges 
and  exemptions,  viz.:  Exemption  from  payment  of  poll  tax, 
road  tax,  and   head   tax  of  every   description;    exemption 


§§  3338-3340  FIKES   AND    FIREMEN.  748 

from  jury  duty;  exemption  from  military  duty,  except  in 
case  of  war,  invasion  or  insurrection.  En.  March  12,  1872. 
Am'd.  1877-8,  62. 

Cal.   Rep.   Cit.     123,   499. 

§  3338.  Exempt  certificate,  by  and  to  whom  issued. 
Every  fireman  who  has  served  five  years  in  an  organized 
fire  company  in  this  state  is  an  "exempt  fireman,"  and 
must  receive  from  the  chief  engineer  of  the  department 
to  which  he  belongs  a  certificate  to  that  effect.  Every 
active  fireman  must  have  a  certificate  of  that  fact,  signed 
by  the  chief  of  the  fire  department  or  the  foreman  of  the 
company  to  which  he  belongs;  such  certificates  must  be 
countersigned  by  the  secretary,  and  over  the  seal  of  the 
company,  if  one  is  jrovided.  Either  certificate  entitles 
the  holder  to  exemption  from  military  and  jury  duty.  En. 
March    12,    1872. 

Cal.  Rep.   Cit.     123,  499. 

False  certificate  of  exemption,  issuance  is  misdemeanor: 
Pen.  Code,  sec.  649. 

§  3339.  County  clerk  may  issue  exempt  certificates, 
when.  In  lieu  of  issuing  certificates  to  exempt  firemen 
by  the  chief  of  the  fire  department,  as  provided  in  the 
last  section,  on  the  certificate  of  the  foreman  and  secre- 
tary of  any  fire  company,  or  the  chief  of  the  department, 
provision  being  made  therefor  in  the  by-laws  of  the  com- 
pany, "exempt  certificates"  may  be  issued  by  the  clerk 
of  the  county,  over  his  official  seal  and  signature,  which 
entitles  the  holder  to  like  exemption  from  military  and 
jury  duty.     En.  March  12,  1872. 

§  3340.  Seal  of  department,  who  to  use  and  keep. 
Every  fire  department  regularly  organized  may  adopt  a 
department  seal,  having  upon  it  the  arms  of  the  state  and 
the  name  of  the  particular  fire  department  to  which  it  be- 
longs, which  must  be  under  the  control  of  and  for  the  use 
of  the  secretary,  and  be  by  him  affixed  to  exempt  certifi- 
cates, certificates  of  active  membership,  and  such  other 
documents  as  the  by-laws  may  provide.  The  secretary  of 
every  department  having  a  seal  must  take  the  constitu- 
tional oath  of  office  and  give  such  bond  as  the  by-laws  pro- 
vide for  the  faithful  performance  of  his  duties.  En. 
March  12,  1872. 


749  FIRES    AND    FIREMEN.  SS  3341-3344 

§  3341.  Record  and  certificate  of  exemption.  The  sec- 
retary of  the  fire  department,  or  fire  company,  must  keep 
a  record  of  all  certificates  of  exemption  or  active  member- 
ship, the  date  thereof,  and  to  whom  issued;  and  when  no 
seal  is  provided,  similar  entries  of  certificates  issued  to 
obtain  county  clerk's  certificates.  Every  such  certificate  is 
prima  facie  evidence  of  the  facts  therein  stated.  En. 
March  12,  1872.     Am'd.  1873-4,  43. 

Prima  facie  evidence:   See  Code  Civ.  Proc,  sec.  1833. 

§  3342.  Duties  of  chief  of  fire  department.  The  chief 
of  every  fire  department  must  inquire  into  the  cause  of 
every  fire  occurring  in  the  city  or  town  of  which  he  is 
the  chief,  and  keep  a  record  thereof;  he  must  aid  in  the 
enforcement  of  all  fire  ordinances  ualy  enacted,  examine 
buildings  in  process  of  erection,  report  violations  of  ordi- 
nances relating  to  prevention  or  extinguishment  of  fires, 
and  when  directed  by  the  proper  authorities,  institute 
prosecutions  therefor,  and  perform  such  other  duties  as 
may  be  by  i^roper  authority  imposed  upon  him.  His  com- 
pensation must  be  fixed  and  paid  by  the  city  or  town 
authorities.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     100,  263. 

Extinguishment  of  fires,  disobeying  orders  for,  or  ob- 
structing efforts  for,  etc.,  is  misdemeanor:  Pen  Code,  sec. 
385. 

Compensation  of  oflicers  in  certain  cities:  See  post,  Ap- 
pendix, title  Fire  Depa  tment. 

§  3343.     Chief    to    attend    fires    and    preserve    property. 

Every  chief  of  a  fire  department  must  attend  all  fires 
wath  his  badge  of  office  conspiciously  displayed,  must 
prevent  injury  to,  take  charge  of,  ana  preserve  all  property 
rescued  from  fires,  and  return  the  same  to  the  owner 
thereof  on  the  payment  of  the  expenses  incurred  in  saving 
and  keeping  the  same,  the  amount  thereof,  when  not 
agreed  to,  to  be  fixed  by  the  police  or  county  judge.  En. 
March   12,   1872. 

Cal.  Rep.  Cit.     100,  263. 

Property  rescued  from  fires,  punishment  for  concealing: 
Pen.  Code,  sec.  500.  Tn voluntary  deposit  of:  Civ.  Code, 
sec.  1815,  subd.  2,  sec.  1816. 

§  ?344.  Setting  woods  on  fire.  Every  person  negligently 
setting  fire  to  his  own  woods,  or  negligently  suffering  any 


§§  3345-3357  LICENSES.  760 

fire  to  extend  beyond  his  own  land,  is  liable  in  treble 
damages  to  the  party  injured.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  90,  107;  90,  109;  98,  270;  142,  617; '142, 
G19;     147,  63. 

Setting  woods  on  fire  is  misdemeanor:  Pen.  Code,  sec. 
384.  Setting  fire  to  forests  on  public  lands,  punishment 
for:   Stats.  1872,  p.  9' 

§  3345.  Extinguishing  fire  in  woods.  Whenever  the 
woods  are  on  fire,  any  justice  of  the  peace,  constable,  or 
road  overseei  of  the  .ownship  or  district  where  the  fire 
exists,  may  order  as  many  of  the  inhabitants  liable  to 
road  poll  tax,  residing  in  the  vicinity,  as  may  be  deemed 
necessary,  to  repair  to  the  place  of  the  fire  and  assist  in 
extinguishing  or  stopping  it.    En.   March   12,  1872. 

CHAPTER  XV. 

LICENSES. 

Article    I.     General    Provisions,    §§    3356-3366. 

II.    Classincatlon  and  Taxes,   §§  3376-3387. 

ARTICLE'  I. 

GENERAL    PROVISIONS. 

§  3356.  Licenses   to   be   prepared   and   printed. 

§  3357.-  Auditor   to   number,    sign  and   deliver. 

§  3358.  Auditor    to   keep   license   accounts. 

§  3359.  When   license    to   be    procured. 

§  3360.  Suit    against    delinquent;    damages. 

§  3361.  Tax   collectors;    duties. 

§  3362.  Proof  on   trials. 

§  3363.  Settlements,    when   made. 

§  3364.  Fees   for   licenses. 

§  3365.  No    section. 

§  3366.  License  tax,   upon  whom  may  be  Imposed. 

§  3356.  Licenses  to  be  prepared  and  printed.  Each 
county  auditor  must  prepare  and  have  printed  blank 
licenses  of  all  classes  mentioned  in  this  chapter,  for  terms 
of  three,  six,  and  twelve  months,  and  for  such  shorter 
terms  as  are  herein  authorized  to  be  issued,  with  a  blank 
receipt  attached  for  the  signature  of  the  tax  collector 
v.hen  sold.     En.  March  12,  1872. 

Cal.  Rep.  Cit.    74,  24. 

§  3357.  Auditor  to  number,  sign  and  deliver.  The 
county  auditor  niii.st  affix  his  official  seal  to,  number,  and 
sl^  all  llceL-es,  and  from  time  to  time  deliver  them  to 


7B1  LICENSES.  SS  3S58-336U 

the  tax  collector  in  "iich  quantity  as  may  be  required, 
taking  his  receipt  therefor,  and  charge  him  therewith, 
giving  in  the  entry  the  numbers,  classes,  and  amount 
thereof.     En.  March  12,  1872. 

§  3358.  Auditor  to  keep  license  accounts.  The  auditor 
must  keep  in  his  oiflce  the  stumps  of  all  licenses  by  him 
delivered  to  the  tax  collector,  and  a  ledger  in  which  he 
must  keep  the  collector's  account  for  all  licenses  delivered 
to  him,  sold  or  returned  unsold  by  him.  A  correct  state- 
ment of  the  collector's  license  account  must  be  certified 
to  the  country  treasurer  each  month  by  the  auditor.  En. 
March  12,   1872. 

§  3359.  When  license  to  be  procured.  A  license  must 
be  procured  immediately  before  the  commencement  of  any 
business  or  occupation  liable  to  a  license  tax  from  the  tax 
collector  of  the  county  where  the  applicant  desires  to 
transact  the  same,  which  license  authorizes  the  party 
obtaining  the  same  11  his  town,  city,  or  particular  locality 
in  the  county  to  transact  the  business  described  in  such 
license;  separate  licenses  must  be  obtained  for  each 
branch  establishment  o:  separate  house  of  business  located 
in  the  same  county.  No  license  issued  under  this  chapter 
authorizes  any  perso^.  to  carry  on  any  business  within  the 
limits  of  any  incorporated  city  or  town  having  power  by 
its  charter  to  impose  or  levy  city  or  town  license  taxes, 
unless  such  person,  in  addition  to  the  license  provided 
by  this  charter,  also  procures  the  license  required  by  the 
ordinances  or  orders  of  such  city  or  town.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     60,  155;  60,  156. 

Licenses:    See  General  Laws,   title  Licenses. 

Liquor  license:  Post,  sec.  3381. 

§  3360.  Suit  against  delinquent;  damages.  Against  any 
person  required  to  take  out  a  license  who  fails,  neglects, 
or  refuses  to  talie  out  such  license,  or  who  carries  on  or 
attempts  to  carry  on  business  without  such  license,  the 
collector  may  direct  suit  in  the  name  of  the  people  of  the 
state  of  California  as  plaintiff,  to  be  brought  for  the  re- 
covery of  the  license  tax;  and  in  such  case  either  the 
collector  or  ttorney  may  make  the  necessary  affidavit  for 
a»d   a  writ  of  attachment  may  issue  without  any  bonds 


§§  3361-3363  LICENSES.  762 

being  given  on  behalf  of  the  plaintiff;  and  in  case  of 
recovery  by  the  plaintiff,  fifteen  dollars  damages  must 
be  added  to  the  judgment  and  costs  to  be  collected  from 
tne  defendant,  and  when  collected  five  dollars  thereof 
must  be  paid  to  the  collector,  and  ten  dollars  to  the 
attorney  prosecuting  the  suit.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  bO,  154;  60,  156;  71,  468;  73,  368;  86,  256; 
100,  270;   120,  304. 

Carrying  on  business  without  a  license  is  misdemeanor: 
Pen.  Code,  sec.  435. 

§  3361.  Tax  collectors;  duties.  Each  tax  collector  must 
make  diligent  inquiry  as  to  all  persons  in  his  county  liable 
to  pay  license  as  provided  in  this  chapter,  and  must  require 
each  person  to  state,  under  oath  or  affirmation,  the 
probable  amount  of  business  which  he  or  the  firm  of  which 
he  is  a  member,  or  for  which  he  is  an  agent  or  attorney; 
or  the  association  or  corporation  of  which  he  is  president, 
secretary,  or  managing  agent,  will  do  in  the  next  succeed- 
ing three  m.onths;  and  thereupon,  such  person,  agent, 
president,  secretary,  or  other  officer  must  procure  a 
license  from  the  tax  collector  for  the  term  desired,  and  the 
class  for  which  such  party  is  liable  to  pay;  and  in  all 
cases  where  an  underestimate  has  been  made  by  the 
party  applying,  the  party  making  such  underestimate,  or 
the  company  he  represented,  are  required  to  pay  for 
a  license  for  the  next  quarter  double  the  sum  otherwise 
required.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     120,  304. 

8  3362.  Proof  on  trials.  Upon  the  trial  of  any  action 
authorized  by  this  chapter,  the  defendant  is  deemed  not 
to  have  procured  the  proper  license  unless  he  either  pro- 
duces it  or  proves  that  he  did  procure  it;  but  he  may 
plead  in  bar  of  the  action  a  recovery  against  him  and  the 
payment  by  him  in  a  civil  action  of  the  proper  license  tax, 
together  with  the  damages  and  costs.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     120,  304. 

§  3363.  Settlements,  when  made.  On  the  first  Monday 
in  each  month  the  coPector  must  return  to  the  auditor  all 
licenses,  unsold,  and  be  credited  therewith,  and  must,  with 
the  auditor,  appear  at  the  treasurer's  office  and  pay  into 
the  county  treasury,  for  the  use  of  the  county  general 
fund,  all  moneys  collected  for  licenses  sold  during  the  pre- 


7S3  LICENSES.  §§  3364-3366 

ceding  month,  take  the  treasurer's  receipt  therefor,  and  file 
duplicates  thereof  t  ith  the  auditor.  The  auditor  must 
credit  the  collector,  and  charge  the  treasurer  therewith. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     53,  572,  84,  74;  120,  305. 

§  3364.  Fees  for  licenses.  For  each  license  issued,  the 
collector  must  collect  a  fee  of  one  dollar,  which  must  be 
paid  into  the  salary  fund  of  the  county,  unless  the  auditor 
and  collector  are  paid  "oy  fees  instead  of  salaries,  in  which 
case  the  dollar  must  be  equally  divided  between  them; 
provided,  that  in  the  county  of  Sierra  the  fees  so  collected 
shall  beloner  to  the  collector.  En.  March  12,  1872.  Am'd. 
1873-4,  43;   1873-4,  137. 

§    3365.     [No  section  of  this  number.] 

§  3366.     License     tax,     upon     whom     may     be     imposed. 

Boards  of  supervisors  of  the  counties  of  the  state,  and  the 
legislative  bodies  of  the  incorporated  cities  and  towns 
therein,  shall,  in  the  exercise  of  their  police  powers,  and 
for  the  purpose  of  regulation,  as  herein  provided,  and  not 
otherwise,  have  power  to  license  all  and  every  kind  of 
business  not  prohibited  by  law.  and  transacted  and  carried 
on  within  the  limits  of  their  respective  jurisdictions,  and 
all  shows,  exhibitions,  and  lawful  games  carried  on  therein, 
to  fix  the  rates  of  license  tax  upon  the  same,  and  to 
provide  for  the  collection  of  the  same  by  suit  or  otherwise; 
provided,  tha*  every  honorably  discharged  soldier,  sailor, 
or  marine  of  the  United  States,  who  is  unable  to  obtain  a 
livelihood  by  manual  labor,  shall  have  the  right  to  hawk, 
peddle,  and  vend  any  goods,  wares  or  merchandise,  except 
spirituous,  malt,  vinous  or  other  intoxicating  liquor,  with- 
out payment  of  any  license  tax  or  fee  whatsoever,  whether 
municipal,  county  or  state,  and  the  board  of  supervisors 
ov  legislative  body  shall  issue  to  such  soldier,  sailor  or 
marine,  without  cost,  a  license  therefor;  provided,  how- 
ever, no  license  can  be  collected,  or  any  penalty  for  the 
nonpayment  thereof  enforced  against  any  commercial 
traveler  whose  business  is  limited  to  the  goods,  wares, 
and  merchandise  sold  or  dealt  in  in  this  state  at  wholesale. 
En.  Stats.  1901,  635. 

Cal.  Rep.  Cit.  134,  146;  134,  149,  134,  150;  137,  588;  137 
590;  137,  659;  141,  206;  141,  207;  141,  213;  143, 
554-;  143,  555;  143,  557;  143,  559;  143,  560;  143,  566; 
143,  572;  143.  573. 

Pol.  Code— 48 


§  3376  LICENSES.  754 

ARTICLE    II. 

CLASSIFICATION    AND   TAXKS. 

§  3376.  Classification    and    license    tax. 

§  3377.  Banlters,    express    companies    and    carriers.     (Repealed.) 

§  337S.  Bridge,    ferry,    wiiarf,    cliute,    or   pier   license. 

I  3379.  Broliers,    trust    companies,    and   others. 

§  33S0.  Different    kinds    of    licenses. 

§  3381.  Retail    liquor    licenses. 

§  3382.  Merchants'    license. 

§  33S3.  Exception    in    using   liquors. 

§  3384.  Peddlers'    and   hawkers'    license. 

I  3385.  Animals    kept    for   propagation    to    be    licensed. 

§  3386.  Certain    exhibitions,     etc.,     exempted. 

§  3387.  Present    incumbents    must    collect    licenses. 

§  3376.  Classification  and  license  tax.  Auctioneers  are 
divided  into  eight  classes,  and  must  obtain  licei  ses  from 
th-  tax  collector  as  follows: 

1.  Those  whose  average  monthly  sales  amount  to  one 
hundred  thousand  dollars  and  upwards  constitute  the  first 
class,  and  must  pay  a  license  of  four  hundred  dollars  per 
quarter; 

2.  Those  whose  average  monthly  sales  amount  to 
seventy-five  thousand  dollars,  and  less  than  one  hundred 
thousand  dollars,  constitute  the  second  class,  and  must 
pay  a  license  tax  of  three  hundred  dollars  per  quarter; 

3.  Those  whose  average  monthly  sales  amount  to  fifty 
thousand  dollars,  and  less  than  seventy-five  thousand 
dollars,  constitute  the  third  class,  and  must  pay  a  license 
tax  of  two  hundred  dollars  per  quarter; 

4.  Those  whose  average  monthly  sales  amount  to  thirty 
thousand  dollars,  and  less  than  fifty  thousand  dollars, 
constitute  the  fourth  class,  and  must  pay  a  license  tax  of 
one  hundred   and   twenty-five   dollars   per  quarter; 

5.  Those  whose  average  monthly  sales  amount  to  twenty 
thousand  dollars,  and  less  than  thirty  thousand  dollars, 
constitute  the  fifth  class,  and  must  pay  a  license  tax  of 
one  hundred  dollars  per  quarter; 

G.  Those  whose  average  monthly  sales  amount  to  ten 
thousand  dollars,  and  less  than  twenty  thousand  dollars, 
constitute  the  sixth  class,  and  must  pay  a  license  tax  of 
sixty  dollars  per  quarter; 

7.  Those  whose  average  monthly  sales  amount  to  twenty- 
five  hundred  and  less  than  ten  thousand  dollars  constitute 
the  seventh  class,  and  must  pay  a  license  tax  of  tWenty-flve 
dollars  per  quarter; 


756  LICENSES.  §§  3377-337 J 

8.  Those  whose  average  monthly  sales  are  less  than 
twenty-five  hundred  dollars  constitute  the  eighth  class, 
and  must  pay  a  license  tax  of  seven  dollars  and  a  half  per 
quarter.     En.  March  12,  1872. 

Auctions  and  auctioneers:   Ante,  sees.  3284-3324. 

§  3377.  Bankers,  express  companies  and  carriers.  (Re- 
pealed.) En.  March  12,  1872.  Repealed  after  the  passage 
of  this  code  by  section  fifty-three  of  the  act  of  April  1, 
1872,  on  file  in  the  secretary  of  state's  ofiice.  See  note  on 
page  504  of  the  original  Political  Code,  or  in  Deering 
Code  1885,  at  page  492. 

§  3378.     Bridge,    ferry,    wharf,    chute,    or    pier    license. 

Licenses  to  take  tolls  on  bridges,  ferries,  wharves,  chutes, 
or  piers  are  fixed  annually  by  the  board  of  supervisors. 
The  licenses  therein  provided  for  are  issued  by  the  county 
auditor,  and  must  be  obtained  from  the  tax  collector  of 
the   county.     En.   March  12,  1872. 

Toll-bridges  and  ferries:  See  ante,  sees.  2843-2895. 
Delinquent  license  tax,  proceedings  to  collect:  Stats.  1872, 
p.  539. 

Wharves,    chutes,   and   piers:    Ante,   sees.   2906-2921. 

Omitting  to  procure  license:   Pen.  Code,  sec.  435. 

§  3379.  Brokers,  trust  companies,  and  others.  Persons 
engaged  in  banking,  loaning  money  at  interest,  or  in  buying 
or  selling  notes,  bonds,  or  other  evidences  of  indebtedness 
of  private  persons;  or  in  buying  or  selling  state,  county,  or 
city  stocks,  or  other  evidences  of  state,  county,  or  city 
indebtedness;  or  stocks,  or  notes,  bonds,  or  other  evi- 
dences of  indebtedness  of  incorporated  companies;  or  in 
buying  or  selling  gold  dust,  gold  or  silver  bullion,  or  gold 
or  silver  coin,  are  divided  into  six  classes,  and  must  pay 
licenses  as  follows: 

1.  Those  doing  business  in  the  aggregate  to  the  amount 
of  two  hundred  and  fifty  thousand  dollars  per  quarter  and 
over,  constitute  the  first  class,  and  must  pay  a  license  of 
one  hundred  dollars  per  quarter; 

2.  Those  doing  business  to  the  amount  of  two  hundred 
thousand  dollars,  and  less  than  two  hundred  and  fifty 
thousand  dollars  per  quarter,  constitute  the  second  class, 
and  must  pay  a  license  of  eighty  dollars  per  quarter; 

3.  Those  doing  business  to  the  amount  of  one  hundred 
thousand    dollars,    and   less    than   two   hundred    thousand 


LICENSES. 


dollars  per  quarter,  constitute  the  third  class,  and  must 
pay  a  license  of  forty  dollars  per  quarter; 

4.  Those  doing  business  to  the  amount  of  fifty  thousand 
dollars,  and  less  than  one  hundred  thousand  dollars  per 
quarter,  constitute  the  fourth  class,  and  must  pay  a  license 
of  twenty -five  dollars  per  quarter* 

5.  Those  doing  business  in  any  amount  under  fifty  thou- 
sand dollars,  and  over  five  thousand  dollars  per  quarter, 
constitute  the  fifth  class,  and  must  pay  a  license  of  fifteen 
dollars  per  quarter; 

6.  Those  doing  business  in  any  amount  under  five  thou- 
sand dollars  per  quarter,  constitute  the  sixth  class,  and 
must  pay  a  license  of  three  dollars  per  quarter.  Bn. 
March  12,  1872. 

§  3380.  Different  kinds  of  licenses.  Licenses  must  be 
obtained  for  the  purposes  hereinafter  named,  for  which 
the  tax  collector  must  require  payment  as  follows: 

First — From  each  proprietor  of  a  billiard  table  not  kept 
exclusively  for  family  use,  for  each  table  five  (5)  dollars 
per  quarter;  and  for  a  bowling  alley,  five  (5)  dollars  per 
quarter  for  each  alley;  but  no  license  must  be  granted  for 
a  term  less  than  three  months. 

Two — Theaters  are  divided  into  two  classes;  those  seat- 
ing nine  hundred  and  seventy-five  or  more,  are  of  the 
first  class;  those  seating  less  than  nine  hundred  and 
seventy-five  are  of  the  second  class;  one  seat  is  twenty-two 
inches.  Licenses  shall  be  granted  to  theaters  and  other 
places  or  amusement  according  to  the  following  schedule: 


If    for  less  than  one 
month. 


1st  class,  $.5  per  day 
2d    class,  to  per  day 


If  for  one  month  llf  for  three  months 
and  Ipsg  than  and  less  than  one 
three  months—        year— 


^l;)i)per  month 
if7.'>  per  month 


$300  pe    quarter 

$200  per  quarter  $400 


If  for 
one 
year. 


Third — For  each  exhibition,  for  pay,  for  a  caravan  or 
menagerie,  or  any  collection  of  animals,  circus  or  other 
acrobatic  performance,  ten  dollars;  and  for  each  show,  for 
pay,  of  any  figures,  jugglers,  necromancers,  magicians, 
wire  or  rope  dancing,  or  sleight  of  hand  exhibition,  five 
(a,    dollars  each  day. 

Fourth — From  each  pawnbroker,  thirty  (30)  dollars  per 
quarter. 


757  LICENSES.  §§  3381,  3381: 

Five — from  each  keeper  of  all  intelligence  offices,  fifteen 
(15)  dollars  per  quarter.  En.  March  12,  1872.  Am'd. 
1873-4,  44. 

Subds.  2  and  3.  Inapplicable  to  charitable  entertain- 
ments: Post,  sec.  3386. 

§  3381.  Retail  liquoi  licenses.  Every  person  who  sells 
spirituous,  malt,  or  fermented  liquors  or  v^ine,  in  less 
quantities  than  one  quart,  must  obtain  a  license  from  the 
tax  collector  as  prescribed  in  this  chapter,  and  make 
therefor  the  following  payment: 

1.  Those  making  sales  to  the  amount  of  ten  thousand 
dollars  or  more  as  a  monthly  average,  constitute  the  first 
class,  and  must  pay  forty  dollars  per  month; 

2.  Those  making  sales  to  the  amount  of  five  thousand 
dollars,  and  not  exceeding  ten  thousand  dollars  as  a 
monthly  average,  constitute  the  second  class,  and  must 
pay  twenty  dollars  per  month; 

3.  And  those  making  sales  of  less  than  five  thousand 
dollars,  constitute  the  third  class,  and  must  pay  five  dol- 
lars per  month.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     74,  24. 

§  3382.  Merchant's  license.  Every  person  who,  at  a 
fixed  place  of  business,  sells  any  goods,  wares,  or  mer- 
chandise, wines,  or  distilled  liquors,  drugs,  or  medicines, 
jewelry,  or  wares  of  precious  metals,  whether  on  com- 
mission or  otherwise  (except  agricultural  or  vinicultural 
productions,  or  the  productions  of  any  stock,  dairy,  or 
poultry  farm  of  this  state,  when  sold  by  the  producer 
thereof,  and  except  such  as  are  sold  by  auctioneers  at 
public  sale  under  license),  and  all  persons  who  keep 
horses  or  carriages  for  hire  (except  such  as  are  used  in 
the  transportation  of  goods),  must  obtain  from  the  tax 
collector  of  the  county  in  which  the  business  is  transacted, 
and  for  each  branch  of  such  business,  license,  and  pay 
quarterly  therefor  an  amount  of  money  to  be  determined 
by  the  class  in  which  such  person  is  placed  by  the  tax 
collector;  such  business  to  be  classified  and  regulated  by 
the  amount  of  the  average  monthly  sales  made  or  hiring 
done,  and  at  the  rates  following: 

1.  Those  who  are  estimated  to  make  average  monthly 
sales  or  hiring  to  the  amount  of  one  hundred  thousand 


§  3383  LICENSES.  768 

dollars  or  more,  constitute  the  first  class,  and  must  pay 
fifty  dollars  per  month. 

2.  Of  seventy-five  thousand  dollars,  and  less  than  one 
hundred  thousand  dollars,  constitute  the  second  class,  and 
must  pay  thirty-seven  dollars  and  fifty  cents  per  month. 

3.  Of  fifty  thousand  dollars,  and  less  than  seventy-five 
thousand  dollars,  constitute  the  third  class,  and  must  pay 
twenty-five  dollars  per  month. 

4.  Of  forty  thousand  dollars,  and  less  than  fifty  thousand 
dollars,  constitute  the  fourth  class,  and  must  pay  twenty 
dollars  per  month. 

5.  Of  thirty  thousand  dollars,  and  less  than  forty  thou- 
sand dollars,  constitute  the  fifth  class,  and  must  pay 
fifteen  dollars  per  month. 

6.  Of  twenty  thousand  dollars,  and  less  than  thirty  thou- 
sand dollars,  constitute  the  sixth  class,  and  must  pay 
ten  dollars  per  month. 

7.  Of  ten  thousand  dollars,  and  less  than  twenty  thou- 
sand dollars,  constitute  the  seventh  class,  and  must  pay 
seven  dollars  and  fifty  cents  per  month. 

8.  Of  five  thousand  dollars,  and  less  than  ten  thousand 
dollars,  constitute  the  eighth  class,  and  must  pay  five 
dollars  per  month. 

9.  Of  two  thousand  five  hundred  dollars,  and  less  than 
five  thousand  dollars,  constitute  the  ninth  class,  and  must 
pay  three  dollars  per  month. 

10.  Of  all  amounts  over  twelve  hundred  and  fifty  dollars, 
and  under  two  thousand  five  hundred  dollars  per  month, 
constitute  the  tenth  class,  and  must  pay  one  dollar  and 
fifty  cents  per  month. 

11.  Of  all  amounts  less  than  twelve  hundred  and  fifty 
dollars  per  month,  constitute  the  eleventh  class,  and 
must  pay  one  dollar  per  month.  En.  March  12,  1872.  Am'd. 
1873-4,  137. 

Cal.  Rep.  Cit.     74,  24. 

Wines  or  distilled  liquors,  applicf.tion  of  provision:  Post, 
sec.   3383. 

§  3383.  Exception  in  using  liquors.  The  sale  of  liquors 
and  wines  by  persons  licensed  under  the  preceding  section 
must  not  be  in  less  quantity  than  one  quart  measure.  No 
license  must  be  required  of  physicians,  surgeons,  apothe- 


759  LICENSES.  SS  3384,  3385 

caries,  or  chemists,  for  any  wines  or  spirituous  liquors 
they  may  use  in  the  preparation  of  medicines.  En.  March 
12,  1872. 

§  3384.  Peddlers'  and  hawkers'  license.  Every  travel- 
ing merchant,  hawlver,  or  peddler,  who  carries  a  pack  and 
vends  goods,  wares,  or  merchandise  of  any  kind  other 
than  the  manufactures  or  productions  of  this  state,  must 
pay  for  a  license  five  dollars  per  month;  and  every  such 
traveling  merchant,  hawker,  or  peddler,  who  uses  a  wagon, 
or  one  or  more  animals,  for  the  purpose  of  vending  such 
goods,  wares,  or  merchandise  of  any  kind,  must  pay  for  a 
license  fifteen  dollars  per  month;  and  every  traveling 
merchant,  hawker,  or  peddler,  who  uses  a  trading  boat  or 
other  watercraft  only,  shall  pay  a  merchant's  license, 
according  to  the  provisions  and  classifications  of  section 
three  thousand  three  hundred  and  eighty-two  of  this  code. 
En.  March  12,  1872.     Am'd.  1875-6,  55. 

Cal.  Rep.  Cit.     57,  92. 

§  3385.     Animals    kept  for   propagation   to    be   licensed. 

Every  person  who  keeps  a  stallion,  jack,  or  bull,  and  who 
permits  the  same  to  be  used  for  the  purpose  of  propagation 
for  hire,  must  annually  obtain  a  license  therefor  from  the 
tax  collector,  and  pay  therefor  as  follows: 

1.  Horses  that  are  hired  for  the  purpose  of  propagation, 
by  the  season,  at  one  hundred  dollars  or  more,  constitute 
the  first  class,  and  require  a  license  of  seventy-five  dollars. 

2.  At  seventy-five  dollars,  and  less  than  one  hundred 
dollars,  constitute  the  second  class,  and  require  a  license 
of  sixty  dollars. 

3.  At  fifty   dollars,   and   less   than   seventy-five  dollars, 
^  constitute  the  third  class,  and  require  a  license  of  forty 

dollars. 

4.  At  thirty  dollars,  and  less  than  fifty  dollars,  constitute 
the  fourth  class,  and  require  a  license  of  twenty-five  dol- 
lars. 

5.  At  fifteen  dollars,  and  less  than  thirty  dollars,  con- 
stitute the  fifth  class,  and  require  a  license  of  fifteen 
dollars. 

6.  All  at  less  than  fifteen  dollars,  constitute  the  sixth 
class,  and  require  a  license  of  ten  dollars. 

7.  For  each  jack,  ten  dollars. 

8.  For  each  bull,  ten  dollars. 


J§  3386,  3387  THE    PUBLIC    LANDS.  760 

A  license  so  obtained  from  the  tax  collector,  under  the 
provisions  of  this  act,  shall  entitle  the  holder  thereof  [to] 
the  right  to  go  into  any  county  of  this  state  for  the  pur- 
poses of  propagation,  without  further  license  or  expense. 
En.  March>12,  1872.     Am'd.  1875-6,  56. 

§  3386.  Certain  exhibitions,  etc.,  exempted.  The  pro- 
visions of  subdivisions  2  and  3,  of  section  3380,  do  not 
apply  to  exhibitions  or  entertainments  given  for  the  benefit 
of  churches,  schools,  or  other  charitable  entertainments, 
by  any  amateur  dramatic  association  or  literary  society 
of  the  town  or  district  in  which  such  exhibition  or  enter- 
tainment is  given.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     76,  276. 

§  3387.     Present    incumbents    must   collect    licenses.     In 

every  county  in  this  state  where  any  oflBcer  other  than 
the  tax  collector  is  charged  with  the  collection  of  license 
taxes,  such  officer  must,  until  after  the  expiration  of  the 
term  of  the  present  incumbent,  discharge  the  duties  cast 
upon  the  tax  collector  under  the  provisions  of  articles  I 
and   II   of   this   chapter.     En.   March   12,   1872. 


TITLE  VIII. 

PROPERTY  OF  THE  STATE. 

Chapter  I.     The  Public  Lands,  §§  3395-3574. 

II.     The  Yosemite  Valley  and  Mariposa  Big  Tree 
Grove,   §§    3584-3586. 
III.     The  State  Burying  Ground,  §§  3596-3597. 

CHAPTER  I. 

THE    PUBLIC    LANDS. 

Article    I.    General    Provisions    Respecting   the    Public    Lands,    §§    3335- 
3429. 
II.    Swamp    and    Overflowed,    Salt    Marsh    and    Tide    Lands,    SS 
3'140-34:i3y2. 

III.  School    Lands,    §§    3194-3503. 

IV.  Payments,    Certiflcates    of    Purchase    and    Patents,    §§    3612- 

3523. 
V.    Selection   and   Sale   of   University    Lands,    §§    3533-3536. 
VI.     Procee>llngs    against    Delinquent    Purchasers,     §§    3546-3556. 
VII.    Miscellaneous    Provisions     Relating     to     Public     Lands,     S§ 
3566-3574. 


THE    PUBLIC    LANDS. 


3396 


ARTICLE  I. 

GENERAL    PROVISIONS     RESPECTING     THE     PUBLIC     LANDS. 

§  3395.  Register   to  keep  certain   accounts  and   records. 

§  3"9n.  Must   keep    plats   and   note   locations    thereon. 

§  3:>;i7.  Mu.=  t   note  on   plats   the   issuing   of   certificates  or   patents. 

§  33ns,  Surveyor-general    to   be    state   locating    agent. 

§  33y9.  Agent    at   Washington.     (Repealed.) 

§  3400.  Qualification   and   residence   of  agent.     (Repealed.) 

I  3401.  Duties    of   agent.     (Repealed.) 

§  3402.  Compensation.     (Repealed.) 

§  3403.  Mode  of   payment   of   agent.     (Repealed.) 

§  3401.  Purchasers   of   lands   must   pay   expenses,    etc.     (Repeale-d.) 

§  3403.  Surveyor-general   to  keep  certain   records. 

§  3406.  Duty   of   surveyor-general   on   application   for  purchase. 

§  3407.  Same. 

§  340S.  When    townships   are    surveyed.     (Repealed.) 

I  3409.  Statement  as  to  condition  of  school   sections. 

§  3410.  Registers    and    receivers,    how   compensated   for   services. 

§  3111.  Surveyor-general    to   represent   state   in   contests. 

§  3412.  Place   of   taking   testimony   to  be    fixed. 

§  3413.  Attorney-general,    attendance.     Traveling    expenses. 

§  3414.  Contest,    how   disposed    of. 

§  3415.  Same. 

§  3416.  Effect    of   judgment. 

§  3417.  Limitations. 

§  3418.  Duty    upon    application    for    survey.     (Repealed.) 

§  3419.  Same.     (Repealed.) 

§  3420.  Upon   refusal    of   ccunty    surveyor.     (Repealed.) 

5  3421.  Surveys,     how    made.     (Repealed.) 

§  3422.  County    tioasuier    to    report    to    register. 

§  3423.  Duty    of   register   on   receipt   of   report. 

§  3424.  Quarterly  reports  of  the  county  treasurers. 

§  3425.  Treasurers   to    pay    over   moneys    received. 

§  3426.  Moneys    to    be    retained    by    county   treasurers. 

§.  3427.  Interest,    how   computed   and   when   payable. 

§  3428.  Compensation    of    county    treasurer    and    auditor.     (Repealed.) 

§  3429.  Instructions  and   forms. 

§  3395.     Register  to  keep  certain  accounts  and   records. 

The  register  of  the  state  land  office  must  keep  separate 
accounts  and  records  in  relation  to  each  class  of  lands 
to  which  the  state  is  entitled,  which  must  show: 

1.  The  number  of  the  survey  or  location,  and  the  date  of 
the  approval; 

2.  The  name  of  the  locator,  the  description  of  the  lands 
by  legal  subdivisions,  the  price  per  acre  at  which  they 
are  sold,  the  amount  paid,  the  date  of  payment,  the  number 
and  date  of  the  certificate  of  purchase; 

3.  The  date  of  the  patent,  when  it  has  been  issued.  En. 
March  12,  1872. 

Register  of  the  state  land  office,  surveyor-general  is  ex- 
officio:  Ante,  sees.  350,  497.  Deputy,  same:  Ante,  sees. 
350,  497.     Clerks:   Ante,  sec.  343.     Duties,  referred  to  as 


§§  3396-3406  THE    PUBLIC    LANDS.  762 

being  prescribed  in  this  portion  of  code:  Ante,  sec.  498. 
Salary  of  clerks:  Ante,  sec.  500.  Fees:  Ante,  sec.  501. 
Bond:   Ante,  sec.  502. 

§  3396.     Must  keep  plats  and  note  locations  thereon.    He 

must  also  keep  plats  of  such  lands,  upon  which  all 
approved  locations  and  surveys  must  be  designated  by 
their  numbers.     En.  March  12,  1872. 

§  3397.  Must  note  on  plats  the  issuing  of  certificates  or 
patents.  When  certificates  of  purchase  or  patents  are 
issued,  the  fact  must  be  noted  on  the  plats.  En.  March  12, 
1872. 

Payments,  certificates  of  purchase  and  patents:  Post, 
sees.  3512-3523. 

§  3398.     Surveyor-general    to    be    state    locating    agent. 

The  surveyor-general  is  the  general  agent  of  the  state 
for  the  location  in  the  United  States  land  offices  of  the 
unsold  portion  of  five  hundred  thousand  acres  of  land 
granted  to  the  state  for  school  purposes,  and  the  sixteenth 
and  thirty-sixth  sections  granted  for  the  use  of  public 
schools,  and  lands  in  lieu  thereof.     En.  March  12,  1872. 

School  lands:  Post,  sees.  3494-3503. 

Booth  act:  See  act  of  congress,  March  2,  1853,  10 
U.  S.  Stats.  244,  for  the  act  reserving  to  California  for 
school  purposes  the  sixteenth  and  thirty-sixth  sections  of 
each  township. 

§§  3399  to  3404.  (Repealed.)  En.  March  12,  1872.  Rep. 
1873-4,  139. 

§  3405.     Surveyor-general  to   keep  certain   records.     The 

surveyor-general  must  provide  the  necessary  record  book, 
and  cause  all  lists  or  patents  for  lands  from  the  United 
States   to   be   recorded   therein.     En.   March   12,   1872. 

§  3406.  Duty  of  surveyor-general  on  application  for 
purchase.  The  surveyor-general  must,  whenever  applica- 
tion is  made  to  him  for  any  portion  of  the  lands  mentioned 
in  section  3398,  communicate  with  the  United  States  land 
office,  and  ask  that  the  lands  described  in  the  application 
l)e  accepted  in  part  satisfaction  of  the  grant  under  which 
it  is  sought  to  be  located.    En,  March  12,  1872. 

Cal.  Rep.  Cit.     81,  606. 


763  THE    PUBLIC    LANDS.  §§  3407-841JJ 

§  3407.  Same.  When  the  acceptance  of  the  register  of 
the  United  States  land  office  is  obtained,  he  must  gire 
to  the  party  applying  a  copy  of  his  approval.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     81,  606. 

§  3408.  When  townships  are  surveyed.  (Repealed.) 
En.  March  12,  1872.     Rep.  1875-6,  57. 

Cal.  Rep.   Cit.     52,  94. 

§  3409.     Statement   as    to    condition    of   school    sections. 

The  surveyor-general  must,  after  the  survey  of  any  town- 
ship by  the  United  States  surveyor-general,  obtain  from 
the  United  States  land  office  a  statement,  showing  whether 
or  not  the  sixteenth  and  thirty-sixth  sections  therein 
belong  to  the  state.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     82,  515;   82,  573. 

Application  to  purchase  sixteenth  and  thirty-sixth  sec- 
tions:   See  sec.  3495,  post. 

§  3410.  Registers  and  receivers,  how  compensated  for 
services.  The  registers  and  receivers  of  the  United 
States  land  offices  must  present  their  accounts  for  ser- 
vices rendered  the  state  to  the  surveyor-general,  who,  if 
he  finds  the  same  correct,  according  to  fees  allowed  reg- 
isters and  receivers  by  act  of  congress,  or  by  the  depart- 
ment of  the  interior,  must  certify  the  same  to  the  state 
board  of  examiners,  who  must  audit  and  allow  such 
accounts,  and  they  must  be  paid  out  of  the  general  fund. 
En.  March  12,  1872. 

State  board  of  examiners:  Ante,  sees.  654-685. 

§  3411.     Surveyor-general  to  represent  state  in  contests. 

The  surveyor-general  must  represent  the  state  in  all 
contests  between  it  and  the  United  States  in  relation  to 
public  lands.     En.  March  12,  1872. 

§  3412.  Place  of  taking  testimony  to  be  fixed.  When  he 
desires  to  take  testimony  under  the  provisions  of  the  act 
of  congress  to  quiet  land  titles  in  California,  passed  July, 
eighteen  hundred  and  sixty-six,  he  must  request  the 
United  States  surveyor-general  to  fix  a  place  convenient 
of  access  by  the  witnesses,  and  the  time  for  taking  such 
testimony.     En.  March  12,  1872. 


§§  3413-3415  THE    PUBLIC    LANDS.  764 

§  3413.  Attorney-general,  attendance.  Traveling  ex- 
penses He  may  require  the  attorney-general  to  attend 
and  represent  the  state  at  the  taking  of  such  testimony; 
and  the  traveling  expenses  of  each  are  a  charge  against 
the  state.  All  claims  for  traveling  expenses  must  be 
audited  and  allowed  by  the  board  of  examiners,  and  paid 
out  of  the  general  fund.  But  not  more  than  fifteen  hun- 
dred dollars  must  be  allowed  in  any  one  year  for  such 
expenses.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     69,   224. 

Board  of  examiners:  Ante,  sees.  654-685. 

§  3414.  Contest,  how  disposed  of.  When  a  contest 
arises  concerning  the  approval  of  a  survey  or  location 
before  the  surveyor-general,  or  concerning  a  certificate  of 
purchase  or  other  evidence  of  title  before  the  register, 
the  officer  before  whom  the  contest  is  made  may,  when 
the  question  involved  is  as  to  the  survey,  or  one  purely 
of  fact,  or  whether  the  land  applied  for  is  a  part  of  the 
swamp  or  overflowed  lands  of  the  state,  or  whether  it 
is  included  within  a  confirmed  grant,  the  lines  of  which 
have  been  run  by  authority  of  law,  proceed  to  hear  and 
determine  the  same;  but  when,  in  the  judgment  of  the 
officer,  a  question  of  law  is  involved,  or  when  either  party 
demand.-^  a  trial  in  the  courts  of  the  state,  he  must  make 
an  order  referring  the  contest  to  the  district  court  of 
the  county  in  which  the  land  is  situated,  and  must  enter 
such  order  in  a  record  book  in  his  office.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.  52,  379;  54,  632;  56,  123;  57,  75;  60,  123 
68,  481;  70,  151;  72,  237;  72,  448;  74,  582;  76,  177 
77,  101;  81,  606;  82,  515;  82,  572;  82,  574;  91,  32 
91,  34;  96,  117;  98,  402;  106,  491;  108,  63;  133,  541 
133,  543;  136,  494;  146,  541. 

Form  of  application  to  purchase  in  sixteenth  and  thirty- 
.sixth  sections:   See  post,  sec.  3495. 

Same  of  swamp  land:  Post,  sec.  3443. 

§  3415.  Same.  After  such  order  is  made  either  party 
may  bring  an  action  in  the  superior  court  of  the  county 
in  which  the  land  in  question  is  situated,  to  determine 
the  conflict,  and  the  production  of  a  certified  copy  of 
the  entry,  made  by  either  the  surveyor-general  or  the 
register,   gives   the    court   full   and    complete  jurisdiction 


765  THE    PUBLIC    LANDS.  §§  341«-3423 

to  hear  and  determine  the  action.  En.  March  12,  1872. 
Am'd.  1880,  108. 

Cal.  Rep.  Cit.  54,  632;  56,  123;  57,  76;  60,  123;  68,  482; 
70,  151;  70,  152:  72,  448;  74,  582;  82,  572;  82,  574; 
91,  32;  91,  34;  98,  402;  106,  487;  133,  542;  146,  542. 

§  3416.  Effect  of  judgment.  Upon  filing  with  the  sur- 
veyor-general or  register,  as  the  case  may  be,  a  copy  of 
the  final  judgment  of  the  court,  that  ofiicer  must  approve 
the  survey  or  location,  or  issue  the  certificate  of  pur- 
chase or  other  evidence  of  title  in  accordance  with  such 
judgment.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  57,  76;  57,  77;  60,  123;  60,  124;  60,  125; 
64,  46;   70,  151;   77,  207;   98,  403;   136,  496;   146,  542. 

Must  approve  the  survey  or  location  on  this  provision 
as  well  as  sees.  3414  and  3415,  ante. 

§  3417.  Limitations.  Unless  the  party  contestant  com- 
mences his  action  within  sixty  days  after  the  order  of 
reference  is  made,  his  rights  in  the  premises  and  under 
this  application  cease.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  72,  449;  77,  311;  79,  2;  79,  3;  143,  74. 

§§  3418  to  3421.  (Repealed.)  i3Jn.  March  12,  1872.  Rep. 
1873-4,  141. 

§  3422.     Ccunty   treasurer  to   report  to    register.     Upon 

the  first  day  of  every  month  the  county  treasurer  must 
make  a  report  to  the  register  of  all  moneys  received  for 
land  during  the  preceding  month,  showing  the  number  of 
the  location  or  survey,  the  name  of  the  purchaser,  and 
the  amount  paid  since  the  date  of  his  last  report,  whether 
as  principal  or  interest,  which  amounts  must  be  entered 
in  the  columns  belonging  to  the  particular  class  of  land 
upon  which  each  payment  has  been  made.  The  payment 
of  the  fee  for  the  certificate  of  purchase  must  also  be 
entered  in  the  proper  column,  and  the  treasurer  must 
then  send  the  report  to  the  auditor,  who  must  compare 
the  items  with  the  account  of  the  treasurer;  and  if  the 
same  agrees  with  his  entries,  countersign  the  report  and 
return  it  to  the  treasurer.     En.  March  12,  1872. 

Cal.  Rep.  Cit.      119,  516. 

Payments,  certificates  of  purchase,  and  patents:  See 
post,  sees.  3512-3523. 

J  3423.  Duty  of  i  agister  on  receipt  of  report.  These 
reports  must '  be  forwarded  to  the  register  at  once,  and 


§§  3424-3428  THE    PUBLIC   LANDS.  '86 

upon  receipt  thereof  the  register  must  enter  the  payment 
so  reported  to  the  credit  of  the  purchaser  in  the  books 
of  his  office.  He  must  notify  the  county  treasurer  of 
the  receipt  of  his  report,  and  if  it  is  not  correct,  return 
it  for  correction.     En.  March  12,  1872. 

§  3424.  Quarterly  reports  of  the  county  treasurers.  At 
the  end  of  each  quarter  the  county  treasurer  must  re- 
port to  the  controlle  of  state  he  sum  which  has  been 
received  during  the  quarter  upon  each  class  of  land; 
which  report  must  be  referred  to  the  register  for  exami- 
nation and  comparison  with  the  books  of  his  office.  En. 
March  12,  1872. 

§  3425.  Treasurers  to  pay  over  moneys  received.  When 
the  register  certifies  to  the  correctness  of  the  report  it 
must  be  returned  to  the  controller,  who  must  thereupon 
make  his  settlement  '^ith  the  county  treasurer,  who  must 
pay  over  to  the  treasurer  of  state  all  moneys,  controller's 
warrants,  or  other  evidences  of  state  indebtedness  which 
he  may  have  received  in  payment  for  such  lands,  except 
a-   provided  in  the  next  section.     En.  March  12,  1872. 

§  3426.  Moneys  to  be  retained  by  county  treasurers. 
The  county  treasurer  must  retain  all  moneys  arising 
from  the  sale  of  swamp  and  overflowed  lands,  and  place 
the  same  to  the  credit  of  a  fund  known  as  lae  "Swamp 
Land  Fund"  of  the  county.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     119,  516;  142,  449. 

Swamp  and  overflowed  lands,  salt  marsh  and  tide  lands: 
Post,  sees.  3440-^4931^. 

§  3427.     Interest,     how    computed     and     when     payable. 

The  county  treasurer  must  compute  interest  on  all  sales 
from  the  date  of  the  approval  of  the  survey,  or  the  date 
of  the  certificate  of  location,  to  the  first  of  January  fol- 
lowing such  date;  or  if  for  lands  already  purchased,  then 
up  to  the  first  of  January  following  the  day  upon  which 
the  interest  falls  due;  after  which  time  all  payments 
of  principal  or  interest  fall  due  on  the  first  day  of  Janu- 
ary.    En.  March  12,  1872. 

§  3428.     Compensation  of  county  treasurer  and  auditor. 
(Repealed.)     En.  March  12,  1872.     Rep.  1897,  427. 
Cal.  Rep.  Cit.     68,  55. 


767  THE    PUBLIC    LANDS.  S  S^^a 

§  3429.  Instructions  and  forms.  The  surveyor-general 
and  registsr  must  issue  all  instructions,  and  prepare  and 
have  printed  all  blank  forms  necessary  to  carry  into 
operation  the  provisions  of  this  chapter.  En.  March  12, 
1872. 

Actual  settlers-  state  lands  to  be  granted  only  to:  Const. 
Cal.,  art.  XVII,  sec.  3. 

ARTICLE  II. 

SWAMP    AND    OVERFLOWED,    SALT    MARSH,    AND    TIDE    LANDS. 

§  S4-10.  Swan\p  lands,   etc.,   price  and  manner  of  payment. 

§  o441.  Surveys   not   to   be  approved  until   land   segregated. 

§  34-12.  Settlers   piefei'ied   purchasers   for  six   months. 

§  344.'i.  .\ffioavit    for   purchase    of   swamp   land. 

§  3444.  If   made   by   female,    what    must   show. 

§  3445.  Land    segregated,    but    not   sectlonized. 

§  3446.  Formation   of   reclamation    districts,    petition   for. 

§  3447.  Petition     verification   and   publication  of. 

§  344S.  District    situated    partly    in    different    counties. 

§  3449.  Proceedings    on    approval    of    petition. 

§  3450.  Petition,    where   lo   be   recorded. 

§  3451.  Duty   of  register  on  receipt  of  copy. 

§  34ti2.  By-laws   for   government   of   district. 

§  3453.  Board    of    trustees. 

§  34.')4.  Poweis   of   trustees. 

§  3455.  Board    of   trustees   to   report    plans,    etc. 

§  o4'5B.  Commissioners   to   assess   charges   for   reclamation. 

§  3457.  Warrants,    presentation,    etc. 

§  345S.  District  situated  partly  in  different  counties;  charges,  where 
raid. 

§  3459.  Additional   assessments. 

§  3460.  Comm.issioners   to   make   assessment   lists. 

§  3461.  Contents   of   list. 

§  o4C2.  Lists,    where   filed. 

J  .5463.  Lien    acquired    by    filing   lists. 

§  3!64.  Credit   to   be   given   to  owner   of  land. 

5  3465.  P.iynifnt,    how   made. 

§  34(;6.  Delinquent   assessments,    how  collected. 

§  3466%.  Invalid    assessment,    crediting    payments    under. 

§  3467.  W. :rk    of    reclamation    to   be    done    under   direction   of    trustees. 

§  346S.  Accounts   to  be   kept   open   to   Inspection. 

§  346 1.  Subsequent  purchasers   governed   by  by-laws. 

§  3470.  Rights    of    such    purchasers,    how    secured. 

§  3471.  Property   may  be  condemned  for  reclamation   purposes. 

§  3472.  Owners    may    reclaim    without    intervention    of    trustees. 

§  .3473.  Their   powers    and    duties. 

I  3474.  When    works   of   reclamation    are   in   progress,    interest   to   cease. 

S  :'47.'i.  Power   of   supervisors    to    let    contracts,    etc. 

§  3476.  Certificate    of    completion    of   work,    etc. 

§  3477.  Credit  when  given,    statement  forwarded   and   moneys  paid  over. 

S  3478.  Old    districts    may    reorganize    under    this    chapter. 

§  3479.  Tiustees  may  compromise  indebtedness  of,  and  levy  tax  to 
pay   the  same. 

§  3480.  Bonds  and  warrants  redeemed  may  be  used  by  trustees  In  pur- 
chase of  land  In  district. 


§§  3440-3443  THE    PUBLIC    LANDS.  7«8 

§  34S1.     Unreclaimed    lands    may   be   set   off   in   separate   district. 

§  34S2.    Liability    of    such    district    for   original    indebtedness. 

§  3483.     Districts,    how   designated.  ' 

§  34S4'.     In   Sacramento,    supervisors   may   employ   clerk. 

§  o4S5.    Payment    on    lands    sold    for    five    years    or    less,    when    to    be 

made. 
§  34S6.    Occupants    of    land    on    banks    of    stream    liable    for    damages. 

when. 
§  3487.     Proof  In   mitigation   of  damages. 

§  34SS.     Certain   lands   excepted    from   the   provisions   of   this   chapter. 
§  3189.     Reorganizing    and    consolidating    swamp    districts. 
§  34!!0.     Injuries    to    levees. 
§  3491.    Election    of   trustees. 
§  3492.     Petition    for    reclamation    district. 
§  3493.    Dissolution    of    district. 
§  3493V4.  Action    to    determine    validity    of    assessment. 

§  3440.  Swamp  lands,  etc.;  price  and  manner  of  pay- 
ment. The  swamp  and  overflowed,  salt  marsh,  and  tide 
lands  belonging  to  the  state  must  be  sold  at  the  rate 
of  one  dollar  ($1.00)  per  acre,  in  gold  coin,  payable,  twenty 
per  cent  of  the  principal  within  fifty  days  from  the  date 
of  the  approval  of  the  survey  by  the  surveyor-general; 
and  the  balance,  bearing  interest  at  the  rate  of  seven 
per  cent  per  annum,  payable  in  advance,  is  due  and 
payable  one  j^ear  after  the  passage  of  any  act  of  the 
legislature  requiring  such  payment,  or  before,  if  desired 
by  the  purchasers.  Bonds  or  warrants  of  districts  having 
an  outstanding  indebtedness  are  receivable  in  payment 
for  lands  in  such  districts  at  par.  En.  March  12,  1872. 
Am'd.  1880,  58. 

§  3441.  Surveys  not  to  be  approved  until  land  segre- 
gated. The  surveyor-general  of  the  state  must  not  ap- 
pi'ove  any  application,  nor  must  the  register  issue  evidence 
of  title  for  swamp  and  overflowed  land,  until  six  months 
after  the  same  has  been  segr-egated  by  authority  of  the 
United  States.     En.  March  12,  1872.    Am'd.  1873-4,  141. 

Cal.  Rep.  Cit.     74,  178;   88,  277;   143,  72. 

§  3442.  Settlers  preferred  purchasers  for  six  months. 
Settlers  upon  swamp  and  overflowed  lands  belonging  to 
the  state,  who  occupy  the  same  for  farming  or  grazing 
purposes,  and  whose  occupation  is  evidenced  by  actual 
inclosure,  or  by  ditches  or  monuments  showing  the 
actual  extent  thereof,  are  preferred  purchasers  for  such 
land  for  six  months  after  segregation.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     52,  159;  82.  143;  88,  459. 

§  3443.  Affidavit  for  purchase  of  swamp  land.  Any  per- 
L.  n  desiring  to  purchase  swamp  and  overflowed,  or  tide 


769  •  THE     PUBLIC    LANDS.  §  3Ma 

lands,  above  low  tide,  must  mal^e  an  affidavit  and  file  the 
same  in  the  office  of  the  surveyor-general  of  the  state, 
that  he  is  a  citizen  of  the  United  States,  or  has  filed  his 
intention  to  become  so;  a  resident  of  the  state,  of  lawful 
age;  that  he  desires  to  purchase  lands  (describing  them) 
under  the  law  providing  for  the  sale  of  swamp  and  over- 
flowed and  tide  lands;  that  he  does  not  know  of  any  valid 
claim  to  the  same,  other  than  his  own;  and,  if  the  land 
is  swamp  and  overflowed,  that  he  knows  the  land  applied 
for  and  the  exterior  boundaries  thereof,  and  knows,  of 
hi.  own  knowledge,  that  there  are  no  settlers  thereon; 
or,  if  there  are,  that  the  land  has  been  segregated  more 
than  six  months  by  authority  of  the  United  States,  and 
that  the  land  which  he  now  owns  (swamp  and  overflowed), 
together  with  that  sought  to  be  purchased,  does  not  ex- 
ceed six  hundred  and  forty  acres. 

Any  false  statement  contained  Jn  the  affidavit  defeats 
the  right  of  the  applicant  to  purchase  the  land,  or  to 
receive  any  evidence  of  title  thereto,  and  if  willfully 
false,  subjects  him  also  to  punishment  for  perjury.  If 
at  any  time  after  such  affidavit  shall  have  been  filed 
in  the  office  of  the  surveyor-general,  and  prior  to  the 
issuance  of  patent  for  the  lands  described  therein,  whether 
such  affidavit  shall  have  been  filed  before  the  passage  of 
this  act  or  theceafter,  it  shall  be  made  to  appear  to  the 
surveyor-general  by  the  affidavit  of  any  settler  or  person 
occupying  such  land  for  farming  purposes,  that  he,  or 
those  under  whom  he  claims,  have  been  in  the  possession 
and  occupancy  of  such  lands,  or  any  part  thereof,  for 
farming  purposes,  for  over  ten  years  next  prior  to  the 
date  of  the  filing  of  the  affidavit  of  the  person  desiring  to 
purchase,  and  that  his  or  their  occupancy  was  open  and 
notorious  and  was  evidenced  by  actual  inclosure,  or  by 
ditches,  or  monuments,  or  embankments,  or  levees,  show- 
ing the  actual  extent  thereof,  and  that  he,  or  they  under 
whom  he  claims,  had,  at  the  time  of  the  filing  of  said 
affidavit  by  the  person  desiring  to  purchase,  actually  re- 
claimed such  land  and  reduced  the  same  to  a  state  of 
cultivation,  and  had  been  farming  and  cultivating  the 
same;  or  if  it  shall  appear  from  such  affidavit  filed  by 
such  person,  that  the  affidavit  filed  by  the  person  desiring 
to  purchase  the  land  is  false  in  any  of  the  statements 
made  therein,  the  surveyor-general  shall  make  an  order 
referring  the  questions  raised  by  such  affidavits  to  the 
superior  court  of  the  county  in  which  the  land,  or  some 
part   thereof,   is   situated.     Within    thirty   days   from    the 

Pol.  Code— 49 


§  3444  THE    PUBLIC    LANDS.  •  770 

date  of  such  order  of  reference,  the  party  filing  the  affi- 
davit raising  such  questions  shall  commence,  in  said 
court,  an  action  to  determine  the  same.  In  his  complaint 
in  said  action  he  shall  set  forth  copies  of  the  affidavit 
filed  by  the  person  desiring  to  purchase  said  land,  and 
of  the  affidavit  filed  by  himself  with  the  surveyor-general. 
The  production  of  a  certified  copy  of  such  order  of  refer- 
ence shall  give  such  court  full  and  complete  jurisdiction 
to  hear  and  determine  the  action.  Pending  the  final  judg- 
ment in  such  action,  all  proceedings  in  the  surveyor- 
general's  office  respecting  such  lands  shall  be  stayed. 
If  upon  the  trial  of  such  action  it  shall  appear  that  the 
statements  made  in  the  affidavit  filed  by  the  person  desir- 
ing to  purchase  the  land  were,  in  any  of  the  statements 
made  therein,  false,  or  if  it  shall  appear  that  the  state- 
ments made  in  the  affidavit  filed  by  the  settler  or  occu- 
pant of  such  land  are  true,  the  approval  of  location  or 
certificate  of  purchase,  if  any  shall  have  been  made  or 
issued,  shall  be  canceled  by  judgment  of  said  court.  But 
if  it  shall  appear  upon  the  trial  of  said  action  that  the 
statements  contained  within  the  affidavit  of  the  person 
desiring  to  purchase  the  land  are  true,  and  the  state- 
ments made  in  the  affidavit  of  the  settler  or  occupant 
are  untrue,  the  said  court  shall  enter  its  judgment  ac- 
cordingly. Upon  the  filing  with  the  surveyor-general  of 
a  copy  of  the  final  judgment  of  the  court  in  said  action, 
that  officer  must,  if  the  judgment  of  said  court  shall  can- 
cel such  location  or  certificate  of  purchase,  enter  an  order 
of  cancellation  accordingly.  But  if  by  said  judgment  it 
shall  be  decreed  that  the  person  desiring  to  purchase  said 
land  is  entitled  to  purchase  the  same,  the  surveyor-general 
shall  approve  the  location,  or  issue  the  certificate  of 
purchase  or  other  evfdence  of  title,  in  accordance  with 
such  judgment.  En.  March  12,  1872.  Am'd.  1873-4,  140; 
1903,  67. 

Cal.  Rep.  Cit.  52,  380;  54,  214;  65,  93;  73,  629;  74,  178; 
78,  117;  82,  140;  83,  4;  88,  277;  88,  459;  88,  593; 
88,  594. 

§  3444.  If  made  by  female,  what  must  show.  If  the 
applicant  is  a  female,  such  affidavit  must  also  show  that 
she  is  entitled  to  purchase  real  estate  in  her  own  name. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     73,  630. 


171  THE    PUBLIC    LANDS.  §§  3445-3447 

§  3445.  Land  segregated,  but  not  sectionized.  Any  per- 
son desiring  to  purchase  lands,  as  provided  in  section 
three  tnousand  four  hundred  and  forty-three  of  this  code, 
which  have  been  segregated  by  authority  of  the  United 
States,  but  which  have  not  been  sectionized  by  the  same 
authority,  must  apply  to  the  surveyor  of  the  county  in 
which  tne  land  is  situated,  to  have  the  land  which  he 
desires  to  purchase  surveyed,  and  a  certificate  of  such 
survey  must  be  attached  to  the  affidavit  required  for  the 
purchase  of  lands,  as  provided  in  said  section.  All  sur- 
veys, required  of  county  surveyors  by  the  provisions  of 
this  section,  must  conform,  as  nearly  as  practicable,  to 
the  system  adopted  by  the  United  States  for  the  survey 
of  the  public  lands.  En.  March  12,  1872.  Am'd.  1873-4, 
141. 

Cal.  Rep.  Cit.     74,  178;   88,  277;   88,  593;   91,  525;    143,  73. 

§  3446.     Formation  of  reclamation  districts,  petition  for, 

Whenever  the  holders  of  title  or  evidence  of  title  repre- 
senting one-half  or  more  of  any  body  of  swamp  and  over- 
flowed, salt  marsh,  or  tide  lands,  or  other  lands  subject  to 
flood  or  overflow,  susceptible  of  one  mode  of  reclamation, 
desire  to  reclaim  the  same,  they  may  present  to  the  board 
of  supervisors  of  the  county  in  which  the  lands,  or  the 
greater  part  thereof  are  situated  at  a  regular  meeting  of 
the  board,  a  petition,  setting  forth  that  they  propose  to 
form  a  district  for  the  reclamation  of  the  same,  a  descrip- 
tion of  the  lands  by  legal  subdivisions  or  other  bounda- 
ries, the  county  in  which  they  are  situated,  the  number  of 
acres  in  the  proposed  districts,  and  in  each  tract,  with  the 
names  (if  known)  of  the  owners  thereof,  and  designating 
as  unsold  any  lands  not  reduced  to  private  ownership. 
En.  March  12,  1872.     Am'd.   1873-4,  45;   1905,  70. 

Cal.  Rep.  Cit.     51,  594;  58,  124;  58,  275;  108,  316;  108,  318; 
117,  117;    130,  503;    130,  611;    130,  615;    134,   478;    143, 
329;    144,  211;    147,  25. 
Reorganization     of    district    under    the     code:    See    sec. 
3478,  post. 

Reclamation  district  a  public  corporation:  See  sec. 
3452,  post. 

§  3447.  Petition,  verification  and  publication  of.  The 
petition  must  be  verified  by  the  affidavit  of  one  of  the  peti- 


|§  3448-3451  THE    PUBLIC    LANDS.  772 

tioners,  and  must  be  published  for  four  weeks  next  pre- 
ceding the  hearing  thereof,  in  some  newspaper  published 
in  the  county  in  which  the  lands  are  situated;  or,  if 
there  is  no  newspaper  published  in  the  county,  then  it 
must  be  published  in  some  newspaper  having  a  general 
circulation  in  the  county,  and  an  affidavit  of  publication 
must  be  filed  with  such  petition.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     58,  238;   128,  517;   144,  211. 

§  3448.     District   situated     partly   in     different    counties. 

When  a  district  is  situated  partly  in  different  counties, 
the  trustees  must,  after  the  petition  has  been  ••  granted, 
forward  a  copy  thereof  to  the  clerk  of  the  board  of  super- 
visors of  each  of  the  counties  in  which  any  portion  of 
the  district  may  lie,  and  the  board  to  which  the  same  is 
forwarded  must  not  allow  another  district  to  be  formed 
within  such  district,  unless  with  the  consent  of  the  trus- 
tees thereof.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     58,  275. 

Boards  of  supervisors  of  Yolo  and  Solano  counties — 
may  approve  any  petition  presented  pursuant  to  sees. 
3446  and  3447,  whether  lands  form  part  of  another  dis- 
trict or  not:    See   Stats.   1874,   p.    602. 

§  3449.  Proceedings  on  approval  of  petition.  If  the 
board  of  supervisors  find,  on  the  hearing  of  the  petition, 
that  its  statements  are  correct,  they  must  make  an  order 
approving  the  same.  If  it  be  shown  that  any  land  has 
been  improperly  included  in  or  excepted  from  the  pro- 
posed district,  they  must  re-form  the  district  in  such  re- 
spects in  their  order.  The  order  of  approval  must  be 
indorsed  on  or  attached  to  the  petition,  and  be  signed  by 
the  president  and  attested  by  the  clerk  of  the  board.  En. 
March  12,  1872.     Am'd.  1873-4,  45. 

§  3450.     Petition,  where    to    be    recorded.     The  petition 

must  then  be  recorded  by  the  county  recorder  in  a  book 
kept  for  the  purpose  of  recording  papers  relative  to  rec- 
lamations, and  a  certified  copy  thereof  forwarded  to  the 
register.     En.  March  12,  1872. 

§  3451.  Duty  of  register  on  receipt  of  copy.  The  regis- 
ter must  thereupon  forward  to  the  county  treasurer  a 
statement   showing   the   names   of   purchasers  of   land   in 


773  THE    PUBLIC    LANDS.  §§  •J^''--  ^IJS 

the  district,  who  have  paid  in  full  therefor.     En.   March 
12,  1872.     Am'd.  1873-4,  46. 

§  3452.  By-laws  for  government  of  district.  After  the 
approval  of  the  petition,  the  owners  of  land  embraced  in 
the  district,  or  those  owning  a  majority  in  acreage 
thereof,  must  adopt  by-laws,  not  inconsistent  with  the 
laws  of  the  state,  for  the  government  and  control  of  the 
affairs  of  the  district.  The  by-laws  thus  adopted  must 
be  signed  by  the  holders  of  certificates  of  purchase,  pat- 
ents, or  other  evidences  of  title,  representing  a  majority 
in  acreage  of  the  land  embraced  in  the  district,  and  must 
be  by  them  filed  for  record  with  the  county  recorder  of 
the  count5%  and  by  him  recorded  in  a  book  kept  by  him 
for  the  purpose  of  recording  instruments  and  writings 
relating  to  reclamation.  By-laws  thus  adopted  may  be 
amended  at  any  time  in  the  same  manner  that  the  original 
by-laws  were  adopted.  En,  March  12,  1872.  Am'd.  1873-4, 
46;    1887,  238. 

Cal.  Rep.  Cit.     54,  537;   58,  124. 

§  3453.     Board   of  trustees.     After  the   approval  of  the 

petition  and  the  adoption  of  by-laws,  the  board  of  super- 
visors of  the  county  where  the  district  was  formed,  on 
the  application  of  a  land  owner  of  the  district,  must  call 
an  election  in  compliance  with  the  provisions  of  section 
thirty-four  hundred  and  ninety-one  of  this  code,  at  which 
election  there  must  be  elected,  under  and  in  pursuance 
of  the  provisions  of  said  section  thirty-four  hundred  and 
ninety-one,  three  eligible  persons,  who  shall  constitute, 
when  elected  and  qualified,  the  board  of  trustees  of  the 
district,  for  the  management  of  the  affairs  thereof,  and 
who  shall  hold  office  for  two  years  next  succeeding  their 
election,  and  until  their  successors  are  elected  and  quali- 
fied. The  board  of  trustees  must  keep  an  office  in  or  near 
the  disti'ict  for  the  transaction  of  the  business  there- 
of, and  the  books,  maps,  papers,  records,  contracts,  and 
other  documents  pertaining  to  the  affairs  of  the  district 
must  be  open  to  inspection  by  any  person  interested  at 
all  times.  From  and  after  the  election  and  qualification 
of  said  trustees  said  district  shall  be  deemed  organized 
and  shall  have  power  to  sue  and  be  sued.  En.  March  12, 
1872.  Am'd.  1887,  239;  1899,  9. 
Cal.  Rep.  Cit.  58,  125;  144,  643;  144,  644;  144,  645;  144, 
647. 


S§  3454,  3455  THE    PUBLIC    LANDS.  774 

§  3454.  Powers  of  trustees.  The  board  of  trustees 
shall  have  power  to  elect  one  of  its  members  president 
thereof;  to  employ  engineers  and  others  to  survey,  plan, 
locate,  and  estimate  the  cost  of  the  works  necessary  for 
the  reclamation  of  the  lands  of  the  district;  to  there- 
after, at  any  time,  in  its  discretion,  modify  or  change 
such  original  plan  or  plans,  or  adopt  new,  supplemental, 
or  additional  plan  or  plans,  when,  in  its  judgment,  the 
same  shall  have  become  necessary;  to  acquire,  by  pur- 
chase, condemnation,  or  otherwise,  the  right  of  way,  and 
the  right  to  take  material  for  the  construction  of  all 
works  necessary  for  the  accomplishment  of  that  object, 
including  drains,  canals,  sluices,  bulkheads,  water-gates, 
levees,  and  embankments,  and  to  construct,  maintain  and 
keep  in  repair  all  works  requisite  and  necessary  to  that 
end;  and  to  do  all  other  acts  and  things  necessary  or 
required  for  the  reclamation  of  the  lands  embraced  in 
the  district.  And  the  several  members  of  the  board  shall 
each  be  entitled  to  receive  for  actual  and  necessary  ser- 
vices performed,  and  for  expenses  incurred  by  them, 
respectively,  for  and  in  the  interest  of  the  district,  such 
compensation  as  the  board  may  determine  to  be  just  and 
reasonable,  and  shall  allow,  and  the  same  shall  constitute 
an  indebtedness  of  the  district,  for  which  warrants  of 
the  district  must  be  drawn  and  paid  in  the  same  man- 
ner and  out  of  the  same  fund  as  other  warrants  of  the 
district;  provided,  that  no  warrant  thus  drawn  shall  be 
valid  until  approved  by  the  board  of  supervisors  of  the 
proper  county.  En.  March  12,  1872.  Am'd.  1887,  239; 
1891,  436. 

Cal.  Rep.  Cit.  54,  537;  58,  125;  104,  343;  104,  336;  129, 
627. 

§  3455.     Board  of    trustees    to    report    plans,  etc.     The 

board  of  trustees  must  report  to  the  board  of  supervisors 
of  the  county,  or  if  the  district  is  in  more  than  one  county, 
then  to  the  board  of  supervisors  of  each  county,  in  which 
any  portion  of  the  district  is  situated,  such  original  plan 
or  plans  of  the  work;  and  every  such  new,  supplemental, 
or  additional  plan,  if  any,  together  with  estimates  of  the 
cost  of  the  works  necessary  for  the  reclamation  of  the 
lands  of  the  district  in  pursuance  of  any  such  plan  or 
plans;  together,  also,  with  estimates  of  incidental  ex- 
penses  of   superintendence,   repairs,   and   the   cost   of   col- 


775  THE    PUBUC    LANDS.  8S  3456.  3457 

lection    of  assessments,   etc.    En.    March    12,    1872.     Am'd. 
1891,  436. 

Cal.  Rep.  Cit.     51,  476;  54,  538;   57,  42;  58,  125;  58,  276. 

§  3456.  Commissioners  to  assess  charges  for  reclama- 
tion. The  board  of  supervisors  of  the  county  in  which 
the  district  is  situated,  or  if  the  district  is  in  more  than 
one  county,  then  the  board  of  supervisors  of  the  county 
in  which  the  greater  portion  of  the  land  in  said  district 
is  situated,  must  appoint  three  commissioners,  disinterested 
persons,  residents  of  the  county  in  which  the  district,  or 
some  part  thereof  is  situated,  who  must  view  and  assess 
upon  the  land  situated  within  the  district  a  charge  pro- 
portionate to  the  whole  expense  and  to  the  benefits  of  which 
will  result  from  such  works,  and  estimate  it  in  gold  and 
silver  coin  of  the  United  States.  The  same  must  be  col- 
lected and  paid  into  the  county  treasury  as  hereinafter  pro- 
vided, and  be  placed  by  the  treasurer  to  the  credit  of  the 
district,  and  paid  out  for  works  of  reclamation  upon  the 
warrants  of  the  trustees,  approved  by  the  board  of  super- 
visors of  the  county.  En.  March  12,  1872.  Am'd.  1873-4,  46; 
1903,  31. 
Cal.   Rep.  Cit.     51,  476;    52,  211;    54,  538;    57,  42;    57,  44; 

57,  586;   58,  276;   61,  106;  64,  208;   70,  567;  75,  450;  75. 

451;  108,  325;  121,  98;  129,  624;  129,  627;  130,  503;  134, 

674;  134,  675. 

Collection  of  assessments:   See  sec.  3466,  post. 

§  3457.  Warrants,  presentation,  etc.  The  warrants 
drawn  by  the  trustees  must,  after  they  are  approved  by  the 
board  of  supervisors,  be  presented  to  the  treasurer  of  the 
county,  and  if  they  are  not  paid  on  presentation,  such  in- 
dorsement must  be  made  thereon,  and  they  must  be  regis- 
tered and  bear  interest  from  the  date  of  presentation;  but 
said  warrants  are,  and  shall  be  considered  as  contracts  in 
writing  for  the  payment  of  money,  and  the  period  pre- 
scribed for  the  commencement  of  an  action  based  upon  said 
reclamation  warrants  or  connected  therewith,  is,  and  shSIl 
be  the  term  of  four  years  from  the  date  of  their  issuance. 
No  warrant  shall  be  paid  or  received  on  an  assessment,  ex- 
cept within  four  years  after  the  date  of  its  issuance.  The 
board  of  trustees  and  the  treasurer  must  cancel  all  warrants 
not  paid  or  received  on  assessment  within  four  years  after 
the  date  of  issuance;  provided,  that  any  warrant  not  paid 
or  received  on  assessment  within  four  years  after  its  issu- 
ance may,  before  the  expiration  of  such  four  years,  upon 


§§  3458-3460  THE    PUBLIC    LANDS.  77<; 

the  demand  of  the  owner  or  holder,  be  extended  for  a 
like  period  of  four  years  upon  the  presentation  of  the 
same  to  the  board  of  trustees  of  the  district,  such  ex- 
tension being  indorsed  thereon  by  said  board  and  a 
record  thereof  filed  with  the  treasurer.  In  case  an  ac- 
tion or  proceeding  based  upon  any  warrant,  or  connected 
therewith,  be  commenced  within  four  years  after  the  issu- 
ance of  such  warrant  and  final  judgment  obtained  in  favor 
of  the  holder  or  owner  thereof,  such  warrant  shall  be  paid 
or  received  on  assessment  the  same  as  if  it  had  been  paid 
or  received  on  assessment  before  the  expiration  of  said  four 
years  from  the  date  of  its  issuance.  En.  March  12,  1872. 
Am'd.  1873-4,  47;  1905,  69. 

Cal.  Rep.  Cit.     58,  276;  121,  98;  134,  674;  134,  675. 

§  3458.  District  situated  partly  in  different  counties; 
charges,  where  paid.  If  a  district  is  situated  partly  in 
different  counties,  the  charge  must  be  paid  into  the  treas- 
ury of  the  county  in  which  the  particular  tract  may  be  sit- 
uated.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     58,  276;  121,  98. 

§  3459.  Additional  assessments.  If  the  original  assess- 
ment is  insufficient  to  provide  for  the  complete  reclama- 
tion of  the  lands  of  the  district,  or  if  further  assessments 
are  from  time  to  time  required  to  provide  for  the  protec- 
tion, maintenance,  and  repair  of  the  reclamation  works,  the 
trustees  must  present  to  the  board  of  supervisors  of  the 
county  in  which  the  district  is  situated,  or  if  the  district 
is  situated  in  more  than  one  county,  then  to  the  board  of 
supervisors  of  the  county  in  which  the  greater  portion 
of  the  lands  in  said  district  are  situated,  a  statement  of 
the  work  done  or  to  be  done,  and  its  estimated  cost,  and 
such  board  must  make  an  order  directing  the  commissioners 
who  made  the  original  assessment,  or  other  commissioners, 
to  be  named  in  such  order,  to  assess  the  amount  of  such 
estimated  cost  as  a  charge  upon  the  lands  within  the  dis- 
trict, which  assessment  must  be  made  and  collected  in  the 
same  manner  as  the  original  assessment.  En.  March  12, 
1872.     Am'd.  1873-4,  47;  1903,  31. 

Cal.  Rep.  Cit.  49,  665;  51,  476;  51,  478;  57,  42;  58,  125; 
64,  209;   98,  53;   121,  98. 

§  3460.     Commissioners  to   make   assessment  lists.     The 

commissioners  appointed  by  the  board  of  supervisors  must 
make  a  list  of  the  charges  assessed  against  each  tract  of 


T77  THE    PUBLIC   LANDS.  §5  3461-3433 

land;  and  if  there  be  any  error  or  mistake  in  the  descrip- 
tion of  the  land,  or  in  the  name  of  the  owner,  or  if  an^ 
land  which  should  be  assessed  has  been  or  shall  be  omitted 
from  the  list,  or  if  there  is  any  error  or  mistake  in  any 
other  respect,  the  commissioners  shall  amend  or  correct  the 
same  at  any  time,  either  before  or  after  the  lists  shall  have 
been  filed  with  the  treasurer  of  the  county.  En.  March  12, 
1872.  Am'd.  1891,  286. 
Cal.  Rep.  Cit.     57,  42;  124,  178. 

§  3461.     Contents  of  list.    The  list  must  contain: 

1.  A  description  by  legal  subdiYisions,  swamp  land  sur- 
veys, or  natural  boundaries  of  each  tract  assessed. 

2.  The  number  of  acres  in  each  tract. 

8.  The  names  of  the  ow^ners  of  each  tract,  if  known;  and 
if  unknown,  that  fact;  but  no  mistake  in  the  name  of  the 
owner,  or  supposed  owner  of  the  property  assessed  shall 
render  the  assessment  thereof  invalid. 

4.  The  amount  of  the  charge  assessed  against  each  tract. 
En.  March  12,  1872.     Am'd.  1873-4,  49;   190.5,  56. 

Cal.  Rep.  Cit.  54,  538;  57,  42;  75,  451;  101,  566;  121,  656; 
121,  659;   124,  178;   124,  179. 

§  3462.  Lists,  where  filed.  The  list  so  made  must  be 
filed  with  the  treasurer  of  the  county,  or  if  the  district 
is  situated  in  different  counties,  then  the  original  list  must 
be  filed  in  the  county  where  the  petition  was  filed,  and 
copies  thereof,  certified  by  the  commissioners,  must  be 
filed  with  the  treasurer  of  each  of  the  other  counties.  En. 
March  12,  1872.     Am'd.  1873-4,  47. 

Cal.  Rep.  Cit.     54,  538;   57,  42. 

§  3463.  Lien  acquired  by  filing  lists.  From  and  after 
the  filing  of  the  list,  or  certified  copy  thereof,  the  charges 
assessed  upon  any  tract  of  land  wathin  the  county  constitute 
a  lien  thereon,  and  in  any  action  to  enforce  said  lien  or  to 
determine  its  validity,  said  list,  duly  executed  by  said  com- 
missioners, or  a  certified  copy  thereof  shall  be  prima  facie 
evidence  of  the  matters  therein  contained,  and  that  said 
commissioners  were  duly  appointed  and  qualified,  as  re- 
quired by  law,  and  that  they  did  view  and  assess  upon  the 
lands  set  forth  in  said  lists  the  charges  therein  contained. 
and  that  said  charges  are  in  proportion  to  the  whole  expense 
and  the  benefits  of  which  will  result  from  the  works  of 
reclamation  for  which  said  assessment  is  so  levied.  En. 
March  12,  1872.     Am'd.  1905,  55. 

Cal.  Rep.  Cit.     57,  42;   115,  175. 


§§  3464-3466  THE    PUBLIC    LANDS.  '''"* 

§  3464.  Credit  to  be  given  to  owner  of  land.  When  the 
list,  or  a  certified  copy  thereof,  is  filed,  the  treasurer  must 
credit  thereon,  to  each  purchaser  who  has  paid  in  full 
for  his  land,  eighty  cents  per  acre,  less  any  amount  charge- 
able against  him,  and  maist  transfer  the  amount  to  the 
credit  of  the  'district.  En.  March  12,  1872.  Am'd.  1873-4. 
48. 

§  3465.  Payment,  how  made.  The  lists  thus  prepared 
and  filed  must  remain  in  the  office  of  the  treasurer  for 
thirty  days,  or  longer,  if  ordered  by  the  board  of  trustees; 
and  during  the  time  they  so  remain  any  person  may  pay 
the  amount  of  the  charge  assessed  against  any  tract  of 
land  to  the  treasurer,  in  gold  coin  of  the  United  States, 
or  in  warrants  of  the  district  drawn  by  order  of  the  tnis- 
tees  thereof,  and  approved  by  the  board  of  supervisors  of 
the  county.  Where  payment  is  made  in  the  warrants  of 
the  district,  legal  interest  must  be  computed  thereon  from 
the  date  thereof  to  the  time  of  such  payment,  when  said 
warrants  must  be  surrendered  to  the  treasurer  and  by  him 
canceled.     En.  March  12,  1872.     Am'd.  1875-6,  57. 

Cal.  Rep.  Cit.     57,  LI;  58,  276;  70,  571. 

§  3466.     Delinquent  assessments,  how  collected.     At  the 

end  of  thirty  days,  the  treasurer  must  return  the  lists  to 
the  board  of  trustees  of  the  district,  and  all  unpaid  assess- 
ments shall  bear  legal  interest  from  the  date  of  the  return 
of  the  lists  to  said  board,  and  shall  thereafter  be  collected 
and  paid  in  separate  installments,  of  such  amounts,  and  at 
such  times,  respectively,  as  the  board,  from  time  to  time, 
in  its  discretion,  may,  by  order  entered  in  its  minutes, 
direct;  and  a  cause  of  action  for  the  collection  of  any  such 
installment  shall  accrue  at  the  expiration  of  twenty  days 
from  the  date  of  the  order  directing  its  payment;  provided, 
that  if  any  such  installment  shall  remain  unpaid  at  the  ex- 
piration of  said  twenty  days,  then  the  whole  of  the  assess- 
ment against  the  land  owned  by  the  person  failing  to  pay 
such  installment  shall  become  due  and  payable  at  once,  and 
may,  in  the  discretion  of  the  board,  be  collected  imme- 
diately, in  one  and  the  same  action.  The  board  of  trustees 
of  the  district  must  commence  actions  for  the  collection 
of  such  tlelinquent  installments,  and  delinquent  assess- 
ments, with  interest  thereon,  and  costs,  and  for  the  en- 
forcement of  the  lien  thereof  on  the  land  assessed,  in  the 
superior  court  of  the  county  in  which  the  land,  or  some 
portion  of  it,  is  situated,  in  which  action  all  persons  claim- 
ing any  interest  in  said  land  upon  which  said  assessment 


779  THE    PUBLIC   LANDS.  5  3466V4 

is  levied,  and  any  person  necessary  to  a  complete  deter- 
mination of  the  action,  may  be  joined  as  defendants  in 
said  action.  No  person  holding  a  conveyance  from  or  un- 
der the  person  to  whom  the  land  was  assessed,  or  having  a 
lien  thereon,  which  conveyance  or  lien  does  not  appear 
of  recort  in  the  proper  office  at  the  time  of  the  commence- 
ment of  the  action,  need  be  made  a  party  to  such  action, 
and  the  judgment  therein  rendered,  and  the  proceedings 
therein  had,  are  as  conclusive  against  the  party  holding 
such  unrecorded  conveyance  or  lien  as  if  he  had  been  a 
party  to  the  action.  Notice  of  the  pendency  of  such  action 
may  be  filed  in  the  office  of  the  county  recorder  of  the 
county  in  which  the  land  affected  by  said  action  is  situ- 
ated, in  the  same  manner  and  with  like  effect  as  in  other 
actions  affecting  real  property.  When  the  name  of  any 
person,  properly  a  defendant  in  any  such  action,  as  herein 
provided,  is  unknown  to  the  said  trustees  such  person 
may  be  joined  in  said  action  and  be  sued  by  a  fictitious 
name,  and  if  his  true  name  is  thereafter,  and  before,  final 
judgment,  discovered  or  ascertained  the  same  may  be, 
thereafter,  substituted  for  such  fictitious  name.  Service  of 
the  summons  in  such  action  shall  be  made  in  the  same 
manner  as  is  provided  by  law  for  the  service  or  publication 
of  summons  in  other  actions.  Assessments  on  several 
tracts  may  be  included  in  the  same  action,  if  listed  to  the 
same  persons,  and  causes  of  action  on  separate  assessments 
on  the  same  land  may  be  included  in  the  same  action.  In 
all  actions  for  the  collection  of  delinquent  assessments,  the 
court  may  decree  and  adjudge  a  lien  against  each  tract  for 
the  amount  assessed  against  the  same,  and  may  order  it  to 
be  sold,  on  execution  or  decree,  as  in  other  cases  of  sale 
of  real  estate  on  execution.  The  judgment  or  decree  must 
direct  that  the  sale  be  made  for  gold  and  silver  coin  of  the 
United  States.  The  board  of  trustees  must  pay  the  moneys 
collected  to  the  county  treasury,  who  must  place  the  same 
to  the  credit  of  the  district.  En.  March  12,  1872.  Am'd. 
1873-4,  48;  1880,  108;  1891,  288;  1905.  62. 

Cal.  Rep.  Cit.     54,  538;   56,  607;   56,  608;   57,  42;   57,  586; 

61,  106;    66,  58;    104,  340;    112,  87;   112,  88;   121,   659; 

121,  660;   130,  503;  130,  504;  131,  665. 

§  3466|/2.     Invalid  assessment,  crediting  paynnents  under. 

In  all  cases  in  which  an  assessment  shall  have  been  levied 
since  October  first,  eighteen  hundred  and  ninety-six,  or 
shall  hereafter  be  levied,  for  reclamation  purposes,  upon 
the  lands  embraced  within  any  reclamation  district,  and 
the    assessment    shall    have  thereafter    been  or  shall   be 


§§  3467-3471  THE   PUBLIC   LANDS.  780 

adjudged  invalid,  by  any  court  of  competent  jurisdiction, 
and  any  land  owner  of  the  district  shall  have  paid  the 
amount  assessed,  in  said  assessment,  against  land  belong- 
ing to  him,  before  said  assessment  shall  have  been  or 
shall  be  so  adjudged  invalid,  the  amount  so  paid  by  said 
laud  owner,  together  with  the  legal  interest  thereon  from 
the  date  of  its  payment,  shall  be  credited,  by  the  treasurer 
of  the  county  in  which  said  land  is  situated,  to  the  tract 
of  land  on  which  the  same  was  paid,  and  shall  be  applied 
upon  any  assessment  thereafter  levied  on  the  lands  of  the 
district,  to  the  payment,  pro  tanto,  of  the  amount  therein 
assessed  against  said  tract  of  land.     En.  Stats.  1899,  46. 

§  3467.  Work  of  reclamation  to  be  done  under  direction 
of  trustees.  The  work  necessary  for  reclamation  must  be 
executed  under  the  direction  and  in  the  manner  prescribed 
by  the  board  of  trustees.     En.  March  12,  1872. 

Cal.   Rep.    Cit.     58,   276. 

§  3468.  Accounts  to  be  kept  open  to  inspection.  The 
board  must  keep  accurate  accounts  of  all  expenditures, 
which  accounts,  and  all  contracts  that  may  be  made  by 
them,  are  open  to  the  inspection  of  the  board  of  super- 
visors  and  every   person  interested.    En.   March  12,   1872. 

Cal.    Rep.   Cit.    58,   276. 

§  3469.     Subsequent    purchasers     governed    by    by-laws. 

The  purchaser  of  any  tract  of  land  which  may  be  unsold 
in  any  reclamation  district  at  the  date  of  filing  of  the  by- 
laws takes  the  same,  subject  to  all  the  provisions  of  such 
by-laws,  and  to  the  charges  assessed  in  pursuance  thereof. 
En.  March  12.  1872. 
Cal.  Rep.  Cit.     59,  95. 

§  3470.  Rights  of  such  purchasers,  how  secured.  Such 
purchaser  has  all  the  rights  and  privileges  enjoyed  by 
the  original  signers  of  the  by-laws,  if  he  pays  into  the 
county  treasury  twenty  per  cent  of  the  principal,  one 
year's  interest  on  the  remaining  eighty  per  cent,  and  any 
charges  assessed  against  the  land  so  purchased  for  the 
cost  and  expense  of  reclamation,  with  interest  thereon 
from  the  date  such  charges  became  due.  En.  March  12, 
1872. 

§  3471.  Property  may  be  condemned  for  reclamation 
purposes.  The  trustees  of  any  reclamation  district  in 
which  the  by-laws  have  been  filed,  may  acquire  rights  ol 


781  THE  PUBLIC   LANDS.  §§  S^TS.  3473 

way  for  canals,  drains,  embankments,  and  otlier  work 
necessary  to  the  reclamation,  and  may  take  materials  for 
the  construction,  maintenance,  and  repair  thereof,  from 
lands  outside  of  as  well  as  within  the  limits  of  the  district; 
and  if  the  trustees  cannot  procure  the  consent  of  the  owner 
of  the  lands  or  material  needed,  they,  or,  the  president  act- 
ing in  their  behalf,  may  proceed  under  the  provisions  of 
title  VII  part  III,  of  the  Code  of  Civil  Procedure,  for  the 
condemnation  thereof.    En.  March  12,  1872. 

Cal.    Rep.    Cit.    134,    479. 

Reclamation  district,  powers  of  board  of  trustees:  Ante, 
sec.  3454. 

Condemnation  of  property  for  reclamation  purposes  pur- 
suant to  Code  of  Civil  Procedure:  See  title  Eminent  Do- 
main, sees.  1237-1263. 

§  3472.  Owners  may  reclaim  without  intervention  of 
trustees.  "V^Tienever  any  district,  susceptible  of  one  mode 
of  reclamation,  is  entirely  owned  by  parties  who  desire 
to  reclaim  the  same,  and  to  manage  the  reclamation  with- 
out the  intervention  of  trustees  of  the  establishment  of 
by-laws,  they  may  file  the  petition  provided  for  in  sections 
thirty-four  hundred  and  forty-six  and  thirty-four  hundred 
and  forty-seven,  and  must  state  therein  that  they  intend  to 
undertake  the  reclamation  on  their  own  responsibility. 
The  existence  of  a  reclamation  district  formed  to  operate 
without  the  intervention  of  trustees  shall  not  have  the 
effect  to  prevent  the  owners  of  the  land  included  in  such 
district  from  forming  a  district  to  operate  with  trustees, 
and  such  owners  may  present  to  the  board  of  supervisors 
the  petition  provided  for  in  section  thirty-four  hundred  and 
forty-six  or  in  section  thirty-four  hundred  and  ninety-two, 
and  the  presentation  of  such  petition  shall  be  deemed  an 
abandonment  and  surrender  of  the  rights,  immunities,  and 
privileges  conferred  upon  such  owners  and  their  predeces- 
sors or  predecessor  in  interest  in  such  land  by  the  crea- 
tion of  such  original  district.  En.  March  12,  1872.  Am'd 
1897,  194. 

Cal.  Rep.  Cit.     128,  517;  128,  518. 

§  3473.  Their  powers  and  duties.  If  the  petition  is 
granted,  the  owners  of  the  lands  have  all  the  rights,  im- 
munities, and  privileges  granted  to  boards  of  trustees;  and 
in  all  proceedings  the  names  of  the  owners  may  be  used 
instead  of  the  names  of  trustees.    En.  March  12,  1872. 

Cal.   Rep.   Cit.     128,   517. 


§§  3474,  3477  THE    PUBLIC    LANDS.  T82 

§  3474.  When  works  of  reclamation  are  in  progress,  in- 
terest to  cease.  Whenever  the  supervisors  of  any  county 
in  which  any  reclamation  district  has  been  formed,  certify 
to  the  register  that  works  of  reclamation  are  in  progress 
upon  a  plan  and  in  conformity  with  the  requirements 
hereinbefore  provided,  the  payment  of  interest  by  pur- 
chasers in  such  districts  is  suspended;  but  if  the  works 
are  not  completed  and  accepted  within  four  years  from 
the  date  of  the  filing  of  the  petition,  then  interest  for  the 
whole  time  must  be  charged  and  collected  by  the  register. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.    119,  516. 

§  3475.     Power  of  supervisors  to  let  contracts,  etc.     The 

supervisors  shall  have  power,  on  application  of  the  trus- 
tees or  owners  of  any  swamp  land  district,  to  approve  and 
let  any  contract  to  the  lowest  responsible  bidder,  and  order 
the  county  treasurer  to  pay  for  the  same  out  of  the  funds 
of  the  district.     En.  March  12,  1872.     Am'd.   1873-4,  49. 

§  3476.  Certificate  of  completion  of  work,  etc.  When- 
ever the  trustees,  or  owners  of  land,  if  there  be  no  trus- 
tees, certify  under  oath  to  the  board  of  supervisors  who 
form  the  district  and  show  to  their  satisfaction  that  the 
works  of  reclamation  are  completed,  or  that  two  dollars 
per  acre,  in  gold  coin,  has  been  expended  on  the  works 
of  reclamation,  the  board  of  supervisors  must  thereupon 
certify  such  facts  to  the  register.  En.  March  12,  1872. 
Am'd,  1873-4.  50. 

Cal.  Rep.  Cit.  128,  517;  128,  518;  129,  379;  142,  448;  142, 
449. 

§  3477.  Credit  when  given,  statement  forwarded  and 
moneys  paid  over.  The  register  must  thereupon  credit 
each  purchaser  in  the  district  with  payment  in  full  for 
such  lands,  and  the  purchasers  are  entitled  to  patents 
therefor;  and  the  register  must  forward  to  the  treasurer 
of  the  county  in  which  any  part  of  the  district  is 
situated,  a  statement,  showing  the  amount  paid  by  each 
purchaser  in  the  district,  including  interest,  and  the  county 
treasurer,  after  deducting  all  amounts  chargeable  against 
the  lands  in  said  district  by  reason  of  moneys  drawn  from 
the  "Swamp  Land  Fund"  of  the  county,  must  divide  the 
balance  pro  rata  amongst  the  original  purchasers  of  land 
in  the  district,  or  their  assigns,  and  must  pay  to  each 
purchaser,  or  his  assigns,  on  demand,  the  amount  found 
to  be  due  him  from  such  computation  out  of  the  moneys 


783  THE   PUBLIC   LANDS.  §§  3478-34S0 

in  his  hands  to  the  credit  of  the  "Swamp  Land  Fund"  of 
the  county.  Neither  this  nor  the  preceding  section  applies 
to  districts  having  outstanding  indebtedness  represented 
by  controller's  warrants  drawn  on  the  state  treasury,  until 
all  such  warrants  are  fully  paid.  En.  March  12,  1872. 
Am'd.    1873-4,    50. 

Cal.  Rep.  Cit.  128,  518;  128,  519;  128,  520;  129,  379;  129, 
381;   131,  404;   142,  448;   142,  451;   143,  329;   143,  330. 

Credits  allowed  purchasers  of  reclaimed  lands:  See  act 
to  facilitate  equalization  of  assessments  in  reclamation  dis- 
tricts, Stats.  1881,  p.  68. 

See,  also.  General   Laws,  title  Reclamation  Districts. 

Swamp  land  funds  arising  from  sales,  distribution  of  in 
the  several  county  treasuries:  Stats.  1874,  p.  770. 

§  3478.     Old  districts  may  reorganize  under  this  chapter. 

Districts  formed  under  laws  in  force  prior  to  May  twenty- 
eighth,  eighteen  hundred  and  sixty-eight,  may  reorganize 
under  the  provisions  of  this  chapter.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     58,  126;  64,  206;   64,  210;   74,  554;   114,  644. 

Reorganization  and  consolidation  of  swamp  land,  levee 
and  reclamation  districts:    Post,  sec.  3489. 

§  3479.  Trustees  may  compromise  indebtedness  of,  and 
levy  tax  to  pay  the  same.  But  if  such  districts  are  in  debt, 
the  trustees  thereof  have  no  power  to  impair  or  destroy 
any  indebtedness  of  the  district  without  the  consent  of 
the  creditors,  but  may  make  any  arrangement  with  the 
creditors  for  the  surrender  of  such  indebtedness  at  less 
than  par,  and  if  authorized  by  the  by-laws,  may  assess  a 
charge  on  the  property  of  the  district  for  the  payment 
thereof.     En.  March  12,  1872. 

Funding  the  indebtedness  of  reclamation  and  levee 
districts  under  charge  of  reclamation  fund  commissioners: 
Stats.  1872,  p.  835. 

§  3480.  Bonds  and  warrants  redeemed  may  be  used  by 
trustees  in  purchase  of  land  in  district.  If  the  trustees  of 
any  district  referred  to  in  the  preceding  section  redeem 
the  bonds  and  warrants  of  such  district,  they  may  select 
any  unsold  lands  therein,  and  pay  for  the  same  with  such 
bonds  or  warrants  at  par,  and  upon  such  payment  the 
register  must  issue  to  them  certificates  of  purchase,  and 
when  the  lands  have  been  reclaimed  they  are  entitled  to 
patents  therefor.  Such  lands  may  be  sold  by  the  trustees; 
and  if  sold,  the  proceeds  must  be  paid  into  the  fund  of  the 
district.    En.  March  12,  18'i2. 


§§  3481-3485  THE    PUBLIC    LANDS.  784 

§  3481.  Unreclaimed  lands  may  be  set  off  in  separate 
district.  If  the  owners  of  lands  representing  more  than 
two  thirds  of  any  body  of  lands  within  any  reclamation  or 
swamp  lanf  district,  and  in  which  the  lands  have  not  been 
reclaimed,  desire  to  have  the  said  body  of  lands  set  off 
from  such  district,  they  must,  in  addition  to  the  petition 
required  by  section  three  thousand  four  hundred  and  forty- 
six,  show  to  the  board  of  supervisors  that  the  said  body 
of  lands  is  capable  of  an  independent  reclamation.  En. 
March  12,  1872.     Am'd.  1880,  61. 

Cal.  Rep.  Cit.  51,  308;  51,  593;  73,  260;  74,  551;  74,  552; 
14,  553;  74,  554;  74,  555;  117.  117;  117,  118;  130.  609; 
134,  298;   139,  465;   142,  14;   147,  25. 

§  3482.  Liability  of  such  district  for  original  indebted- 
ness. The  district  so  set  off  shall  be  liable  for  its  just 
proportion  of  the  legal  indebtedness  of  the  original  district 
fi'om  which  it  was  set  off,  when  the  same  shall  have  been 
ascertained  by  law.  En.  March  12,  1872.  Am'd.  1873-4, 
142. 

§  3483.  Districts,  how  designated.  All  districts  organ- 
ized under  this  chapter  must  have  a  state  number,  and  the 
register,  upon  the  I'eceipt  of  a  copy  of  a  petition,  must 
number  the  same,  and  send  their  number  to  the  county 
recorder  of  the  county  from  which  the  copy  came,  and  the 
recorder  must  number  the  petition  upon  record  in  like 
manner,  and  the  district  must  thereafter  be  known  and 
designated  thereby.  Districts  organized  before  May 
twenty-eighth,  eighteen  hundred  and  sixty-eight,  may  re- 
tain their  number.     En.  March  12,  1872. 

§  3484.  In  Sacramento,  supervisors  may  employ  clerk. 
No  member  of  any  board  of  supervisors  or  any  clerk  of 
such  board  must  receive  compensation,  other  than  his 
regular  salary,  for  services  performed  under  this  chapter; 
but  the  board  of  supervisors  of  Sacramento  County  may 
employ  a  clerk  to  attend  to  matters  pertaining  to  swamp 
lands,  and  pay  such  clerk  by  orders  on  the  swamp  land 
fund  of  the  district  for  which  work  is  performed,  not  to 
exceed  five  dollars  for  each  day  he  is  actually  engaged. 
En.  March  12.  1872. 

§  3485.  Payment  on  land  sold  for  five  years  or  less, 
when  to  be  made.  The  balance  of  the  principal  on  all 
lands   in   districts    having    an    outstanding     indebtedness, 


785  THE   PUBLIC   LANDS.  S9  3486-3488 

which  Jjave  been  sold  for  five  years,  is  payable  at  once; 
and  on  all  lands  in  such  districts  which  have  been  sold 
less  than  five  years,  the  balance  is  payable  on  the  first  of 
January  follov/ing  the  expiration  of  five  years  from  the 
date  of  sale.     En.  March  12,  1872. 

§  3486.  Occupants  of  land  on  banks  of  stream  liable  for 
damages,  when.  Any  person  owning  or  occupying  lands 
upon  the  banks  of  any  stream  where  the  lands  lying  back 
of  such  stream  are  lower  than  the  bank  thereof,  is  re- 
sponsible for  all  damages  which  may  be  sustained  by  the 
owners  or  occupants  of  lower  lands  by  reason  of  any  cut 
or  embrasure  made  in  the  bank  of  such  stream  by  the 
owner  or  occupant  of  the  bank.     En.  March  12,  1872. 

§  3487.  Proof  in  mitigation  of  damages.  If  such  cuts 
were  made  fcr  the  purpose  of  irrigation,  and  headgates 
and  culverts  have  been  made  which  competent  persons 
consider  sufficient  to  restrain  the  water,  and  where  great 
diligence  has  been  made  to  prevent  damage,  these  facts 
may  be  pleaded  and  proved,  in  mitigation  of  damages. 
En.  March  12,  1872. 

§  3488.  Certain  lands  excepted  from  the  provisions  of 
this  chapter.  All  swamp  and  overflowed  salt-marsh  and 
tide  lands  within  one  mile  of  the  state  prison  at  San 
Quentin,  within  the  city  and  county  of  San  Francisco,  city 
of  Oakland,  or  within  five  miles  of  the  corporate  limits 
of  either,  and  tide  lands  within  two  miles  of  any  other 
incorporated  cities  or  towns,  are  excluded  from  the  opera- 
tion of  this  chapter;  provided,  that  the  provisions  of  sec- 
tions thirty-four  hundred  and  forty-six,  thirty-four  hun- 
dred and  forty-seven,  thirty-four  hundred  and  forty-nine, 
thirty-four  hundred  and  fifty,  thirty-four  hundred  and  fifty- 
two,  thirty-four  hundred  and  fifty-three,  thirty-four  hundred 
and  fifty-four,  thirty-four  hundred  and  fifty-five,  thirty- 
four  hundred  and  fifty-six,  thirty-four  hundred  and  fifty- 
seven,  thirty-four  hundred  and  fifty-nine,  thirty-four  hun- 
dred and  sixty,  thirty-four  hundred  and  sixty-one,  thirty- 
four  hundred  and  sixty-two,  thirty-four  hundred  and  sixty- 
three,  thirty-four  hundred  and  sixty-five,  thirty-four  hun- 
dred and  sixty-six,  thirty-four  hundred  and  sixty-seven, 
thirty-four  hundred  and  sixty-eight,  thirty-four  hundred  and 
seventy-one,  thirty-four  hundred  and  seventy-two,  thirty- 
four  hundred  and  seventy-three  of  this  chapter  shall  be  ap- 

Pol.  Code— 5f 


§  3489  1HE    PUBLIC    LANDS.  T8« 

plicable  to  any  lands  situated  within  the  limits  of  any  mu- 
nicipality in  the  state  of  Calif  nia  of  the  first  class, 
namely,  having  a  population  of  more  than  one  hundred 
thousand,  and  tide  lands  within  two  miles  of  any  other  in- 
corporated cities  or  towns  which  land  is  subject  to  overflow 
or  incursions  from  the  tide  or  inland  waters  of  the  state  in 
any  manner;  and  districts  may  be  formed  as  in  said  sec- 
tions provided  for  the  reclamation  thereof,  and  said  lands 
reclaimed  thereunder. 

The  duties  provided  for  certain  county  officers  in  said 
sections  shall  be  performed  by  the  officers  of  such  muni- 
cipality, whatever  may  be  their  title,  who  usually  perform 
like  duties. 

The  trustees  or  the  owners  indicated  in  section  thirty- 
four  hundred  and  seventy-three  shall  have  power  to  let 
any  contract  and  conduct  the  operation  of  reclamation  in 
all   respects,   and  to  issue  warrants  therefor. 

The  lands  mentioned  and  described  in  an  "Act  to  survey 
and  dispose  of  certain  salt-marsh  and  tide  lands,  belong- 
ing to  the  state  of  California,"  approved  March  thirtieth, 
eighteen  hundred  and  sixty-eight,  and  the  act  supplemen- 
tal and  amendatory  thereto,  approved  April  first,  eighteen 
hundred  and  seventj%  must  be  disposed  of  as  in  such  acts 
provided,  which  are  hereby  continued  in  force.  En. 
March  12,  1872.     Am'd.  1889,  344;    1891,  215;    1901,  329. 

Cal.  Rep.  Cit.    134,  48. 

§  3489.  Reorganizing  and  consolidating  swamp  districts. 
Swamp  land,  levee,  and  reclamation  distilcts  formed,  or- 
ganized, or  erected  into  districts  under  special  or  general 
laws  heretofore  or  now  in  force,  may  reorganize  and 
consolidate  in  the  manner  following:  Whenever  the  own- 
ers of  a  majority  of  acres  of  land  in  each  of  two  or  more 
swamp  land,  levee,  or  reclamation  districts,  shall  desire  to 
consolidate  and  reorganize,  they  may  do  so  by  filing  a 
notice  with  the  county  recorder  of  the  county  in  which 
the  greatest  portion  of  the  land  of  the  districts  is  situated, 
setting  forth  that  they  desire  to  consolidate  and  reorganize 
The  notice  must  give  the  exterior  boundaries  of  the  said 
district,  the  name  and  number  of  each  of  them,  the  number 
of  acres  of  land  that  each  contains,  and  must  be  signed 
by  the  persons  owning  the  majority  of  acres  of  land  in 
each  district,  and  shall  designate  the  numlier  of  acrea 
owned  by  each  signer  in  the  district  in  which  the  same  is 
situated.    The    county    recorder    shall    record    and    [said?] 


787  THE    PUBLIC    LANDS.  §  3489 

notice  in  a  book  kept  for  the  purpose  of  recording  papers 
in  relation  to  swamp  land  and  levee  districts.  He  shall 
make  a  certified  copy  of  said  notice,  and  forward  the  same 
to  the  state  land  register,  who  shall  designate  a  number 
for  the  I'eorganized  district,  the  same  as  provided  for  in 
original  organization;    after  which  time  the  district  shall 

be  known  as  Reclamation  District  Number  ,  and  shall 

be  under  the  operation  and  governed  by  the  general  recla- 
mation laws  of  the  state,  as  provided  in  "title  eight, 
chapter  one,"  of  the  Political  Code,  and  the  acts  amenda- 
tory thereof;  and  all  proceedings  thereafter  shall  be  the 
same  as  though  said  district  was  organized  upon  an  origi- 
nal petition  and  granted  by  the  board  of  supervisors;  pro- 
vided, however,  that  such  consolidation  and  reorganization 
shall  in  no  manner  invalidate  the  indebtedness  of  the  or- 
iginal districts;  and  all  the  laws,  rules,  and  regulations  for 
the  assessing,  levying  and  collecting  taxes  or  assessments 
in  said  district  shall  remain  and  be  in  full  force,  and  all 
levies,  assessments  and  collections  required  for  the  pay- 
ment of  the  then  outstanding  indebtedness  in  said  dis- 
tricts, shall  be  the  same  as  though  they  had  not  consoli- 
dated and  reorganized  until  such  indebtedness  shall  be 
paid  and  liquidated.  The  owners  of  a  majority  of  acres 
of  land  in  a  compact  form,  capable  of  being  embraced  in  a 
swamp  land  or  reclamation  district  contiguous  thereto  and 
not  a  part  of  another  district,  may,  by  consent  of  the  trus- 
tees of  such  district,  have  such  land  embraced  within  such 
district,  b:''  filing  a  notice  with  the  county  recorder  of  the 
county  in  which  such  district  is  organized;  the  notice 
must  give  the  exterior  boundaries  of  said  land,  the  number 
of  acres  of  land  therein,  as  near  as  may  be,  and  must  be 
signed  by  the  persons  owning  the  majority  of  acres  of 
land  therein;  and  there  shall  be  attached  thereto  or  in- 
dorsed thereon  a  written  consent  of  the  trustees  of  said 
district  that  said  land  be  embraced  therein.  Said  notice 
shall  be  filed  with  the  county  recorder  of  tue  counts' 
aforesaid,  and  recorded  by  him  in  a  book  kept  for  that 
purpose.  From  the  time  of  filing  of  such  notice,  said  land 
shall  become  and  be  held  as  a  part  of  such  district;  pro- 
vided, that  the  reorganization  and  consolidation  of  any 
two  or  more  districts  under  the  provisions  of  this  act 
shall  not  be  so  construed  as  to  legalize  the  original  or- 
ganization of  any  said  districts  reorganized  and  consoli- 
dated under  this  act;  nor  shall  any  indebtedness  or  any 
act  of  any  of  said  districts,  or  the  oflacers  thereof,  prior 


^  ;    ",-:30,  34rpl  THE    PUBLIC    LANDS.  78b 

to  the  act  of  reorganization  and  consolidation,  be  legalized 
by  this  act;  provided,  further,  that  no  land  not  included 
in  some  of  tne  original  districts  shall  be  included  in  the 
reorganization  and  consolidation  without  the  consent  of 
the  owner.  Nor  shall  any  land  purchased  of  the  United 
States  government  be  included  in  the  reorganization  and 
consolidation  without  the  consent  of  the  owner  thereof, 
although  the  said  government  land  may  have  been  in- 
cluded in  some  of  the  original  districts.  En.  Stats.  1873-4, 
51.     Am'd.,  1877-8,   62. 

Cal.  Rep.  Cit.     67,  527;   67,  528;   67,  529;    67,  531;  74,  554. 

Districts  formed  before  code  are  subject  thereto:  See 
Stats,  1885,  p.   77. 

§  3490.  Injuries  to  levees.  Any  person  who  shall  cul", 
injure,  or  destroy  any  levee  or  other  works  of  recla  nation 
in  any  district,  is  responsible  for  all  damages  which  may 
be  occasioned  thereby  to  such  levee  works;  and  an  action 
therefor  must  be  brought  in  the  superior  court  of  the 
county,  or  either  of  the  counties  in  which  such  levee  or 
works  are  situated,  in  the  names  of  the  trustees  of  the 
district.  If  there  be  no  trustees,  then  the  action  may  be 
brought  in  the  name  of  any  land  owner  in  the  district.  The 
amount  recovered  in  such  action  must  be  paid  to  the 
treasurer  of  the  county,  who  must  place  the  same  to  the 
credit  of  the  district.     En.  Stats.  1873-4,  51.     Am'd.  1880,  23. 

Injuries  to  levees  or  other  works  of  reclamation  by  mobs 
or  riots:  Post,  sec.  4457.  Punishment  for  such  and  kindred 
offenses:  Pen.  Code,  sec.  607. 

§  3491.  Election  of  trustees.  In  each  reclamation  dis- 
trict in  this  state,  formed  under  this  code  or  any  statute, 
there  shall  be  an  election  every  two  years,  held  at  such 
tim.e  and  place,  in  or  near  the  district,  and  after  such 
notice  as  the  board  of  supervisors  shall  direct;  provided, 
that  the  notice  shall  not  be  less  than  one  month,  and  at 
such  election  each  bona  fide  owner  of  lands  in  the  district 
shall  be  entitled  to  vote  in  person  or  by  proxy,  and  shall 
have  right  to  cast  one  vote  for  each  one  dollar's  worth 
of  real  estate  owned  by  him  or  her  in  the  district,  the 
value  thereof  to  be  determined  from  the  next  preceding 
assessment  roll  of  the  county,  and  a  majority  of  the  votes 
cast  at  such  election  shall  elect.  In  all  elections  for 
trustees  every  owner  of  real  estate  shall  have  the  right 
to  cumulate  his  or  her  votes,  and  give  one  candidate  as 
many  votes  as  the  number  of  trustees  to  be  elected  multl- 


7S9  THE    PUBLIC    LANDS.  S  3431 

plied  by  the  number  of  dollars'  worth  of  real  estate 
owned  by  him  or  her  shall  equal,  or  to  distribute  them  on 
the  same  principle  among  as  many  candidates  as  he 
shall  think  fit.  The  board  of  supervisors  to  which  the 
petition  for  the  formation  of  the  district  was  presented 
shall,  upon  the  application  of  any  landholder  in  the  dis- 
trict, appoint  a  time  and  place  for  holding  such  election, 
which  election  shall  be  held  within  sixty  days  from  the 
time  of  such  application;  the  place  shall  in  all  cases  be 
in  or  near  the  district.  Notice  of  such  election  shall  be 
given  by  publication  for  not  less  than  one  month  in  a 
newspaper  in  each  county  in  which  any  portion  of  the 
lands  of  the  district  are  situated,  if  any  newspaper  is  pub- 
lished therein,  and  if  not,  then  in  a  newspaper  having 
general  circulation  in  such  county.  The  trustees  elected 
under  the  provisions  of  section  three  thousand  four  hun- 
dred and  fifty-two  shall  hold  oflice  until  their  successors 
are  elected  under  the  provisions  of  this  section.  For  the 
purposes  of  such  election  the  board  of  supervisors  of  the 
county  in  which  the  whole  or  the  larger  part  of  the  lands 
of  any  district  are  situate,  must  appoint  from  the  land- 
holders of  the  district  one  inspector  and  two  judges  of 
election,  who  shall  constitute  a  board  of  election  for  such 
district;  but  in  case  the  board  of  supervisors  fail  to 
appoint,  or  the  persons  appointed  fail  to  attend  at  the 
time  and  place  appointed  for  the  election,  the  voters 
present  at  the  time  and  place  of  opening  the  polls  may 
appoint  the  board,  or  supply  the  place  of  an  absent 
member  thereof.  Each  member  of  the  board  must,  upon 
entering  upon  his  duties,  be  sworn  to  a  faithful  perform- 
ance thereof  by  some  oflicer  authorized  to  administer 
oaths.  The  board  of  election  must  canvass  the  votes  cast 
and  issue  certificates  of  election  to  the  persons  elected, 
and  must  place  the  ballots,  when  canvassed,  in  an  envelope 
and  forward  the  same,  sealed,  to  the  clerk  of  the  board  of 
supervisors.  Any  legally  qualified  voter  may  challenge 
any  vote,  and  the  board  of  election  shall  determine,  by 
the  oath  of  the  parties  or  otherwise,  as  they  may  think 
proper,  whether  or  not  the  person  challenged  is  entitled 
to  vote,  and  in  case  of  challenge,  either  one  of  the  board 
of  elecrion  is  hereby  authorized  to  administer  oaths.  The 
polls  shall  be  open  from  ten  A.  M.  until  four  P.  M.  In  case 
of  vacancy  in  the  board  of  trustees,  the  board  of  super- 
visors shall,  by  appointment,  fill  such  vacancy.  En.  Stats. 
1880,  60. 
Cal.  Rep.  Cit.    143,  329. 


§§  3492,  3493  THE    PUBLIC    LANDS.  790 

§  3492.  Petition  for  reclamation  district.  The  holders 
of  title  or  evidences  of  title  representing  one-half  or  more 
of  any  body  of  swamp  and  overflowed,  salt,  marsh,  or  tide 
lands,  susceptible  of  one  mode  of  reclamation,  and  already 
reclaimed  or  in  progress  of  reclamation,  and  not  included 
in  any  existing  reclamation  district,  who  may  desire  to 
from  a  reclamation  district  for  the  maintenance,  pro- 
tection, and  repair  of  the  reclamation  works,  in,  upon,  or 
appertaining  to  such  body  of  lands  or  for  the  completion 
of  the  reclamation  thereof,  may  present  a  similar  petition 
to  that  provided  in  section  three  thousand  four  hundred 
and  forty-six.  And  such  proceedings  shall  thereupon  be 
had  in  respect  to  such  petition  as  are  provided  in  respect 
to  other  petitions  for  the  formation  of  reclamation  dis- 
tricts; and  if  the  same  be  approved,  it  shall  be  recorded, 
and  the  register  shall  forward  his  statement,  and  by-laws 
shall  be  adopted,  filed  and  recorded,  and  elections  called 
and  held  in  the  same  manner  as  is  provided  in  other  cases. 
Such  districts,  when  formed,  and  the  board  of  trustees 
thereof,  shall  have  all  the  rights,  immunities,  powers,  and 
privileges  of  other  reclamation  districts  and  the  boards  of 
trustees  thereof.  And  assessments  may  be  made,  appor- 
tioned, and  collected  for  the  maintenance,  protection,  or 
repair  of  such  reclamation  works  or  for  the  completion  of 
such  reclamation,  in  the  like  manner  as  is  provided  for 
making,  apportioning,  and  collecting  assessments  in  case 
of  other  reclamation  districts.  En.  Stats.  1889,  336.  Am'd. 
1903,    17. 

§  3493.  Dissolution  of  district.  An  action  may  be 
brought  by  the  attorney-general  in  the  name  of  the  people 
of  this  state  upon  his  own  information  or  upon  the  com- 
plaint of  a  private  party  for  the  dissolution  of  a  swamp 
land  or  reclamation  district  for  a  nonuser  of  its  corporate 
powers.  In  such  action  the  complaint  and  summons  may 
be  served  personally  upon  a  majority  of  the  trustees  of 
such  district,  or  upon  the  president  of  the  board  of  trustees. 
If  two  or  more  districts  have  been  formed  to  include  all 
or  a  portion  of  the  same  lands,  they  may  all  be  joined  in 
the  same  action.  In  any  such  action,  when  service  of 
summons  has  been  made  upon  the  defendant  or  defendants, 
and  the  defendant  or  defendants  have  appeared  or  default 
been  entered,  the  court,  upon  the  application  of  any  of 
the  parties,  shall  thereupon  enter  an  order  fixing  a  day 
for  hearing,  which  shall  not  be  less  than  twenty-five  days 
from  the  date  of  the  order,  and  shall,  also,  enter  an  order 
directing  notice  by  publication  to  be  given  by  the  clerk 


791  THK    PUBLIC    LANDs.  5  34W 

to  all  persons  interested  in  said  district  or  districts, 
either  as  owner  or  owners  of  land  in  said  district  or  dis- 
tricts or  creditors  of  said  district  or  districts,  or  otherwise, 
requiring  them  to  be  and  appear  on  the  day  fixed  for  the 
hearing  of  said  cause,  if  any  they  have,  why  the  district 
or  districts  named  in  the  complaint,  as  defendant  or  de- 
fendants, should  not  be  dissolved.  The  court  shall  order 
the  notice  to  be  served  by  publication  in  some  newspaper 
of  general  circulation  published  in  the  county  where  the 
district  or  districts  are  situated,  for  a  period  of  not  less 
than  twenty  days.  On  the  day  fixed  for  a  hearing  or  some 
late  date  to  which  the  cause  may  be  continued,  the  court 
may  proceed  with  the  hearing,  due  proof  having  been  first 
made  of  the  service  of  the  notice  by  publication  for  the 
length  of  time  required  by  the  order.  Any  person  inter- 
ested in  the  district  or  districts  that  is  defendant  or  de- 
fendants shall  upon  showing  his  interest  be  allowed  to 
file  an  answer  or  objections  to  the  dissolutions  of  the  de- 
fendant or  defendants,  and  shall  from  the  filing  of  said 
answer  or  objections  become  a  party  defendant,  and  be 
entitled  to  all  the  rights  of  a  defendant  in  any  civil  action. 
Any  vacancy  in  the  board  of  trustees  heretofore  or  here- 
after caused  by  resignation,  death,  removal  from  the  state, 
or  otherwise,  may  be  filled  by  the  board  of  supervisors  of 
the  county  in  which  the  district  is  situated  upon  the  ap- 
plication of  any  person  or  person  owning  land  in  the  dis- 
trict. The  appointment  of  a  trustee  or  trustees  to  fill  a 
vacancy  or  vacancies  shall  not  operate  to  destroy  or  re- 
move any  cause  of  action  existing  before  such  appointment 
or  appointments  were  made,  against  the  corporation  or  dis- 
trict for  non-user  of  its  corporate  powers;  provided,  suit  be 
commenced  within  one  year  after  the  passage  of  this  act. 
If  upon  the  trial  of  any  such  action  it  be  determined  by 
the  court: 

1.  That  trustees  have  not  been  elected  for  said  corpora- 
tion within  five  years  prior  to  the  passage  of  this  act. 

2.  That  the  trustees  have  not  within  five  years,  prior  to 
the  passage  of  this  act,  exercised  any  of  the  powers  of  a 
corporation,  or  performed  any  of  the  duties  of  trustees. 

3.  That  the  corporation  is  not  in  debt,  or  if  in  debt,  that 
all  claims  are  barred  by  the  statute  of  limitations,  the 
court  shall  then  enter  a  decree  dissolving  the  corporation, 
or  make  such  further  order  as  may  be  deemed  necessary 
to  protect  the  rights  of  all  parties  interested.  En.  Stats. 
1889,  33?.     Am'd.  1897,  193. 

26 


§  31931^  THE    PUBI.IC    LANDS.  7»:i 

§  3493'/^.     Action   to  determine    validity  of    assessment. 

At  any  time  within  one  j'ear  after  the  filing  of  the  list 
mentioned  in  section  three  thousand  four  hundred  and 
sixty-two,  the  board  of  trustees  of  the  district  may.  in  the 
name  of  the  -  district,  commence  and  prosecute  an  action 
in  the  superior  court  of  the  county  in  which  the  district 
is  situated,  or  if  the  district  is  situated  in  different  coun- 
ties, then  in  the  superior  court  of  the  county  in  which  the 
greater  portion  of  the  district  is  situated,  to  determine  the 
validity  of  the  assessment;  and  in  said  action  any  one  or 
more  of  the  owners  of  land  embraced  within  the  'district 
may,  at  the  election  of  said  board  of  trustees,  be  made 
defendants  in  said  action. 

The  summons  shall  require  the  defendant  or  defendants, 
if  more  than  one,  to  answer  the  complaint  within  ten  days 
after  the  service  of  the  summons,  if  served  within  the  state; 
and  if  any  one  of  the  defendants  upon  whom  service  of 
the  summons  shall  have  been  made  shall  fail  to  answer 
the  complaint  within  the  time  specified  in  the  summons, 
his  default  shall  be  entered  by  the  clerk  of  the  court,  and 
judgment  shall  thereafter  be  given  and  made  against  him, 
without  costs. 

In  any  action  prosecuted  under  this  section,  the  court 
shall  decree  the  validity  or  invalidity  of  the  assessment  in 
accordance  with  what  the  court  may  determine  the  facts  to 
he. 

The  plaintiff  shall  only  be  required  to  allege  in  its 
complaint  that  plaintiff  is  a  swamp  land  or  reclamation 
district,  organized  and  existing  under  the  laws  of  the  state 
of  California,  having  a  board  of  trustees;  that  the  defend- 
ant, or  defendants,  as  the  case  may  be;  are  the  respective 
owners  of  certain  several  tracts  of  land  situated  in  the 
district;   that  within  one  year  next  preceding  the  date  of 

the  filing  of  the  complaint,  the  sum  of  $ (naming  the 

full  amount  of  the  assessment)  was,  by  commissioners  of 
assessment  duly  authorized  and  empowered  therefor,  legally 
assessed  upon  the  lands  situated  within  the  district,  in 
the  manner  required  by  law;  that  the  list  required  by  sec- 
tion  three  thousand  four  hundred   and  sixty  was  filed  in 

office  of  the  county  treasurer  of County  (designating 

the  county  in  which  the  district  is  situated)   on  the  

(Jay  of  ,  (specifying  the  date  of  such  filing),  or 

if  the  district  be  situated  in  different  counties,  then  that 
the   original   list   was   filed   with   the   county   treasurer   of 

County   (designating  the  county  where  the  petition 

was  filed),  and  that  a  copy  of  said  list,  certified  by  the  said 


793  THE    rUi;LIC    LA.nJjS.  S  3493% 

commissioners  of  assessment,  was  filed  with  the  county 
treasurer  of  each  of  the  other  said  counties  (respectively 
designating  the  name  of  each  county,  and  specifying  the 
day  and  date  when  such  copy  of  said  list  was  filed  with  the 
county  treasurer  thereof;  and  that  the  defendant,  or  de- 
fendants, if  more  than  one,  dispute  and  deny  the  validity 
of  said  assessment). 

The  complaint  must  also  separately  describe  the  tract 
or  tracts  of  land  belonging  to  each  of  the  defendants  in 
the  action,  designating  the  name  or  names  of  the  owners 
thereof,  respectively;  and  must  state  the  amount  assessed 
upon  and  against  each  of  said  tracts. 

Any  one  or  more  persons  owning  land  embraced  within 
the  district  who  shall  not  have  been  made  a  defendant 
or  defendants  originally  in  the  action  may,  at  any  time 
before  the  trial  of  the  action  (and  without  applying  to 
the  court  for  leave),  voluntarily  submit  themselves,  re- 
spectively, to  the  jurisdiction  of  the  court  in  the  action, 
by  filing  their  respective  answers  therein,  and  serving  cop- 
ies thereof  upon  the  plaintiff's  attorneys;  and  the  judg- 
ment thereafter  given  and  made  in  the  action  shall  be  as 
conclusive  and  as  binding  upon  each  of  them,  respectively, 
and  their  respective  executors,  administrators,  heirs  an-d 
assigns,  as  it  would  have  been  had  they  been  made  defend- 
ants in  the  action  originally,  and  service  of  the  summons 
had  been  duly  made  upon  them  as  original  defendants 
therein.  If  any  defendant  contests  the  validity  of  the  as- 
sessment, he  shall  set  forth  in  his  answer  wherein  the 
assessment  is  illegal,  and  his  answer  must  be  verified. 

Neither  the  commencement  nor  the  prosecution  of  an 
action  under  the  provisions  of  this  section  shall  be  a  bar 
to  or  prevent  the  commencement  or  the  prosecution  of  an 
action  brought  under  other  provisions  of  the  code  for  the 
recovery  of  money  assessed  upon  the  lands  situated  in  any 
reclamation  district;  but  the  judgment  given  and  made  in 
the  action  brought  under  the  provisions  of  this  section 
shall  be  conclusive  between  the  parties  thereto  as  to  the 
validity  or  invalidity  of  the  assessment;  and  all  actions 
prosecuted  under  the  provisions  of  this  section  shall  be 
tried  without  unnecessary  delay,  and  shall  have  precedence 
of  all  other  actions,  except  probate  and  criminal  actions. 
En.   Stats.  1893,  208. 

Cal.  Rep.  Cit.     117,  166;   124,  176;  124,  177. 


§§  3494,  3495  THE    PUBLIC    LA..DS.  7ri1 

ARTICLE   III. 

SCHOOL   LANDS. 

5    -194.  School   lairds;    price;    payment,    when    to   be   made. 

§  3495.  Affidavit   on   application   to   purchase. 

g  3496.  Affidavit,    when    applicant    is    a    female. 

§  3497,  Occupants   protected. 

§  3498.  Applications   must   not    be    approved    for   ninety   'days. 

§  3499.  Contest,     how    determined. 

§  3500.  Applications    for    other    than    16th    and    36th    sections. 

§  3501.  Affidavit,    when    female    is   an    applicant. 

§  3502.  Land    warrants   received    in    payment. 

§  3503.  Relinquishment    of    state    title. 

§  3494.     School  lands;   price;  payment,  when  to  be  made. 

The  unsold  portion  of  the  five  hundred  thousand  acres 
granted  to  the  state  for  school  purposes,  the  sixteenth 
and  thirty-sixth  sections,  and  lands  selected  in  lieu  thereof, 
must  be  sold  at  the  rate  of  one  dollar  and  twenty-five 
cents  ($1.25)  per  acre,  in  gold  coin,  payable,  twenty  per 
cent  of  the  principal  within  fifty  days  from  the  date  of 
the  certificate  of  location  issued  to  the  purchaser;  the  bal- 
ance, bearing  interest  at  the  rate  of  seven  per  cent  per 
annum,  in  advance,  is  due  and  payable  within  one  year 
after  the  passage  of  any  act  by  the  legislature  requiring 
such  payment,  or  before,  if  desired  by  the  purchaser.  En. 
March  12,  1872.     Am'd.  1880,  58. 

Cal.  Rep.  Cit.     64,  46;   67,  6;    67,  7;    77,  205;    77,  207;   77. 

208. 
School  lands:    Ante,  sees.  3398,  3406-3409. 
Act   providing   for   applications  for   purchase:    See   Gen- 
eral Laws,  title  School  Lands. 

§  3495.  Affidavit  on  application  to  purchase.  Any  per- 
son desiring  to  purchase  any  portion  not  less  than  the 
smallest  legal  subdivision  of  any  of  the  lands  mentioned 
in  section  thirty-four  hundred  and  ninety-four,  situated  in 
any  township  which  has  been  surveyed  by  the  United 
States,  must  make  an  affidavit  that  he  is  a  citizen  of  the 
United  States,  or  has  filed  his  intention  to  become  such, 
a  resident  of  this  state  of  lawful  age,  that  he  desires  to 
purchase  such  lands  (describing  the  same  by  legal  sub- 
divisions) under  the  provisions  of  this  title;  that  there 
is  no  occupation  of  such  lands  adverse  to  any  that  he  has, 
or  if  there  is  an  adverse  occupation  the  affidavit  must 
show  that  the  township  has  been  sectionized  three  months, 
and   that   the  adverse   occupant     (giving    his    name)     has 


795  THE    PUBLIC    LANDS.  9  3495 

been  in  such  occupation  more  than  sixty  days  since  the 
plat  was  filed  in  the  United  States  land  office;  that  he  de- 
sires to  purchase  the  same  for  his  own  use  and  benefit, 
and  for  the  use  or  benefit  of  no  other  person  or  persons 
whomsoever,  and  that  he  has  made  no  contract  or  agree- 
ment to  sell  the  same.  The  affidavit  must  also  state 
whether  the  land  is  or  is  not  suitable  for  cultivation,  and 
if  it  is,  that  the  applicant  is  an  actual  settler  thereon, 
and  that  he  has  not  entered  any  portion  of  any  lands  men- 
tioned in  section  thirty-four  hundred  and  ninety-four,, 
which,  together  with  that  now  sought  to  be  purchased, 
exceeds  three  hundred  and  twenty  acres;  but  if  the  land 
is  not  suitable  for  cultivation  the  affidavit  must  further 
state  that  the  applicant  has  not  entered  any  portion  of 
such  lands,  which,  together  with  that  now  sought  to  be 
entered,  exceeds  six  hundred  and  forty  acres.  Lands  un- 
suitable for  cultivation  may  be  sold  in  quantities  not  ex- 
ceeding SIX  hundred  and  forty  acres  to  any  one  person, 
under  the  restriction  other  than  as  to  actual  settlement 
prescribed  for  the  sale  of  cultivable  lands.  The  surveyor- 
general  and  register  of  the  land  office  must  make  and 
enforce  all  necessary  rules  and  regulations  to  prevent 
the  sale  of  school  lands  suitable  for  cultivation  to  any 
person  not  an  actual  settler  thereon;  provided,  that  any 
smallest  legal  subdivision  of  school  lands  shall  be  deemed 
suitable  for  cultivation  if  any. part  not  less  than  one  half 
of  its  area  will,  without  artificial  irrigation,  but  with  or 
without  the  clearing  of  timber  or  other  growth  therefrom, 
by  the  ordinary  processes  of  tillage,  produce  ordinary 
agricultural  crops  in  average  quantity;  and  provided,  that 
any  contest  of  the  applicant's  right  to  purchase,  arising 
from  the  character  of  the  land  as  cultivable  or  other- 
wise, may  be  referred  to  the  superior  court  of  the  proper 
county,  as  in  other  cases,  for  determination;  and  pro- 
vided further,  that  no  contest  of  the  applicant's  right  to 
purchase,  arising  from  adverse  occupation,  shall  be  main- 
tained, except  by  a  prior  adverse  occupant,  who  shall 
have  filed  an  application  to  purchase  the  land  under  the 
provisions  of  this  section,  and  no  occupation  of  land  by 
a  person  other  than  the  applicant  shall  be  an  adverse 
occupation  within  the  meaning  of  this  section,  unless 
such  occupation  is  by  a  person  who  is  entitled  to  pur- 
chase the  same  under  the  provisions  hereof,  and  who 
files  his  application  therefor  within  the  time  prescribed 
by   section   thirty-four   hundred   and    ninety-seven   of   this 


§§  3496-3498  THE    PUBLIC    LANDS.  791' 

code.  En.  March  12,  1872.  Am'd.  1880,  109;  1885,  207; 
1897,  4oO. 

Cal.  Rep.  Cit.  51,  111;  55,  398;  67,  6;  68,  270;  68,  507; 
68,  508;  68,  511;-  71,  211;  71,  321;  72,  30;  72,  31;  76, 
120;  76,  177;  76,  188;  76,  189;  77,  37;  77,  398;  78,  516; 
82,  141;  82,  517;  82,  572;  82,  574;  82,  650;  90,  44;  90, 
47;  101,521;  101,522;  102,419;  111,399;  111,400; 
136,  495;   146,  542. 

Rights  of  oQCupant:   See  post,  sec.  3497. 

§  3496.     Affidavit,   when    applicant    is    a    female.     If   the 

applicant  is  a  female,  the  aflidavit  must  show  that  she 
is  entitled  to  purchase  and  hold  real  estate  in  her  own 
name.     En.  March  12,  1872. 

§  3497.  Occupants  protected.  Every  occupant  of  a  six- 
teenth or  thirty-sixth  section  is  protected  in  his  occupancy 
for  three  months  after  the  township  has  been  sectionized; 
and  any  person  settling  upon  a  sixteenth  or  thirty-sixth 
section  after  a  township  has  been  sectionized  has  sixty 
days  after  such  settlement  in  which  to  file  the  application 
required  in  the  preceding  section.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     68,  510;   72,  31. 

Bona  fide  settlers  preferred  purchasers:  Stats.  1874,  p. 
543. 

Tract  reserved  from  sale:    Stats.  1876,  p.  679. 

Act  to  legalize  applications  approved  March  27,  1872; 
Stats.  1871-2,  p.  622. 

Act  for  relief  of  purchasers  of  state  land:  Approved 
March  27,  1872;   Stats.  1871-2,  p.  587.     Am'd.  1877-8,  p.  914. 

§  3498.  Applications  must  not  be  approved  for  ninety 
days.  All  applications,  under  whatsoever  act,  filed  in  the 
office  of  the  surveyor-general,  must  be  retained  ninety 
days  before  approval,  and  must  be  approved  (when  there 
is  no  conflict)  by  the  surveyor-general,  at  the  expiration 
of  six  months,  subject,  however,  to  the  provisions  of 
sections  three  thousand  four  hundred  and  six  and  three 
thousand  four  hundred  and  seven  of  this  code,  and  all 
unapproved  applications,  which  have  been  on  file  over  six 
months,  wherein  the  approval  has  not  been  demanded, 
and  wherein  the  contest  has  not  been  referred  to  court, 
or  a  demand  made  for  an  order  of  reference,  as  provided 


797  THE    PUBLIC   LANDS.  §§  .489-^502 

in  section  Ihirty-four  hundred  and  fourteen  of  the  Poli- 
-tical  Code  shall  be  null  and  void.  En.  March  12,  1872. 
Am'd.  1885,  139. 

Cal.  Rep.  Cit.     54.  632;   54,  633;   77,  578;   81,  605;  98,  275; 

133,  543;   133,  544. 
Disposition  of  contest:   Ante,  sees.  3414-3417. 

§  3499.  Contests,  how  determined.  If  two  or  more  claim 
the  same  land,  the  contest  must  be  determined  as  provided 
in  article  I  of  this  chapter;  but  no  person  has  a  right 
to  purchase  by  reason  of  any  settlement  or  improvement, 
unless  application  is  made  withip  the  time  above  pre- 
scribed.    En.  March  12,  lb/2. 

Cal.  Rep.  Cit.    136,  494. 
Contests:  Ante,  sec.  3414. 

§  3500.  Applications  for  other  than  16th  and  36th  sec- 
tions. Any  false  statement  contained  in  the  affidavit 
provided  for  in  section  three  thousand  four  hundred  and 
ninety-five,  defeats  the  right  of  the  applicant  to  purchase 
the  land,  or  to  receive  any  evidence  of  title  thereto,  and, 
if  willfully  false,  subjects  him  also  to  punishment  for 
perjury.  Timber  lands  belonging  to  this  state  shall  be 
sold  for  cash  only,  and  the  surveyor-general  and  register 
of  the  state  land  office  must  make  and  enforce  all  neces- 
sary rules  and  regulations  to  prevent  the  sale  of  or  issu- 
ance of  any  evidence  of  title  to  any  timber  lands  of  this 
state,  except  on  payment  in  cash,  of  the  full  price  fixed 
therefor  by  law.  En.  March  12,  1872.  Am'd.  1880,  110; 
1885,  208. 

Cal.   Rep.  Cit.     67,  6;    67,  7;    76,  189;    77,  535;    78,  8;    83. 
110;  91,  116;  101,  521;   101,  522;   121,  508;   136,  495. 

§  3501.     Affidavit,  when  female  is    an    applicant.     If  the 

applicant  is  a  female,  the  affidavit  must  also  show  that  she 
is  entitled  to  purchase  real  estate  in  her  own  name.  En. 
March  12,  1872. 

§  3502.  Land  warrants  received  in  payment.  School 
land  warrants  issued  by  authority  of  the  state  are  re- 
ceivable in  "payment  of  the  purchase  money  of  any  part 
of  the  five  hundred  thousand  acres  of  land  granted  to  the 
state  for  school   purposes.     Such   payment  must   lie   made 


§§  3503,  3512  THE    PUBLIC    LANDS.  7as 

to  the  register  and  the  warrants  canceled  before  the  cer- 
tificate of  purchase  is  issued.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     77,  207. 

Act  for  presentation  and  cancellation  of  unlocated  school 
warrants:   See  Stats.  1893,  p.  181. 

§  3503.  Relinquishment  of  state  title.  In  all  cases 
where  any  person  has  purchased  any  part  of  a  sixteenth 
or  thirty-sixth  section  from  the  United  States,  or  shall 
hereafter  make  such  purchase,  or  shall  be  an  actual  set- 
tler on  any  sixteenth  or  thirty-sixth  section,  and  entitled 
to  a  pre-emption  thereto  under  the  laws  of  the  United 
States,  for  which  lands  this  state  has  received  indemnity, 
or  will  or  would  be  entitled  to  indemnity  under  the 
laws  of  the  United  States,  the  right  of  the  state  to  such 
sixteenth  and  thirty-sixth  sections,  or  parts  thereof,  are 
relinquished  to  the  United  States  for  the  use  of  such 
purchasers  ar  d  their  assignees,  and  of  such  pre-emptors. 
When  any  person  who  is  in  good  faith  a  settler  upon  any 
such  lands,  fails  to  acquire  a  title  thereto  from  the  United 
States,  he  may,  within  six  months  after  such  failure,  ap- 
ply to  the  state  to  purchase  the  same,  and  his  application 
shall  have  preference  over  all  other  applications  for  the 
purchase  of  such  lands.     En.  Stats.  1873-4,  52. 

Act  to  protect  bona  fide  settlers  on  public  land:  See  act 
approved  March  23,  1874;  Stats.  1873-4,  p.  543. 


ARTlCLij:  IV. 

PAYMENTS,     CERTIFICATES    OP    PURCHASE,     AND     PATENTS. 

§  3512.  Payments,    how    made. 

§  3513.  Failure   to  pay   lo  work  forfeiture. 

§  3514.  Certificate   of  purchase.    Evidence  of  title. 

§  3515.  Certificates   of   purchase   may   be   sold. 

§  3516.  Sale    to   be   recorded. 

§  3517.  Compensation    of    recorder. 

§  3518.  Duplicate    for    lost    certificate   of   purchase. 

§  3519.  Regi.ster  to   prepare   patents,    when. 

§  3520.  Patent,    how   executed. 

§  3521.  When    to    issue. 

§  3522.  Patents    to   be    recorded    and    delivered. 

§  3523.  Effect   of   patent   issued    to   deceased   persons. 

§  3512.  Payments,  how  made.  Whenever  any  survey 
or  location  has  been  made  or  approved,  the  purchaser 
must,  within  fifty  days  from  the  date  of  approval  or  lo- 


799  THE    PUBLIC    LANDS.  §§  3513-3515 

cation,  present  his  copy  of  the  same  to  the  county  treas- 
urer of  *he  county  in  which  the  land,  or  some  part  thereof, 
is  situated,  who  must  receive  the  amount  *^o  be  paid,  and 
the  fee  for  the  certificate  of  purchase,  indorsing  his  re- 
ceipt therefr  •  upon  the  certificate  of  location  or  survey, 
and  returning  it  to  the  purchaser.  En.  March  12,  1872. 
Effect  of  nonpayment:   See  next  section. 

§  3513.  Failure  to  pay  to  work  forfeiture.  In  case 
payment  is  not  made  within  fifty  days,  the  lands  de- 
scribed in  the  survey  or  location  revert  to  the  state 
without  suit,  and  the  survey  or  location  is  void.  All 
subsequent  payments  must  be  made  to  the  county  treas- 
urer, in  like  manner,  who  must  indorse  the  same  upon 
the  certificate.  The  treasurer  must  direct  the  purchaser 
to  take  the  certificate  so  indorsed  to  the  auditor,  who 
must  charge  the  treasurer  with  the  amount  received, 
and  make  his  check  upon  the  indorsed  receipt.  En.  March 
12,   1872. 

Annulling  certificate  for  nonpayment:   See  post,  sec.  3548. 

§  3514.     Certificate     of     purchase.     Evidence     of     title. 

Whenever  the  register  receives  from  the  county  treasurer 
a  statement  showing  that  an  applicant  for  state  lands 
has  made  the  first  payment,  he  must  issue  to  the  person 
entitled  thereto  a  certificate  of  purchase,  showing  the 
class  of  land  purchased,  the  number  of  acres,  the  price 
per  acre,  the  date  of  payment,  the  date  from  which  in- 
terest is  to  be  computed,  the  amount  paid,  and  the  amount 
remaining  unpaid,  which  certificate  is  prima  facie  evi- 
dence of  title.     En.  March  12,  1872.     Am'd.  1873-4,  52. 

Cal.  Rep.  Cit.     78,  8;  90,  156;  96,  209;  98,  403. 

Prima  facie  evidence,  definition  of:  Code  Civ.  iProc,  sec. 
1833. 

Act  respecting  payment  in  full  by  holders  of  certificate: 
See  General  Laws,  title  State  Lands. 

§  3515.  Certificates  of  purchase  may  be  sold.  Certifi- 
cates of  purchase,  and  all  rights  acquired  thereunder, 
are  subject  to  sale,  by  deed  or  assignment,  executed  and 
acknowledged  before  any  officer  authorized  by  law  to 
take  acknowledgments  of  conveyances  of  real  property, 
or  before  the  register.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     73.  362;  84,  504;  106,  363;  115,  335. 


§§  3316-3519  THE    PUBLIC    LANDS.  KOO 

Certificate  of  purchase,  primary  evidence  of  title:  Code 
Civ.  Proc,  sec.  1925. 

§  3516.  Sale  to  be  recorded.  All  such  sales  must,  when 
the  deed  or  assignment  is  recorded  by  the  county  recorder, 
be  reported  by  him  to  the  register,  to  be  entered  in  the 
books  of  his  office.    En.  March  12,  1872. 

Cal.  Rep.  Cit.    106,  363. 

§  3517.  Compensation  of  recorder.  The  recorder  is  en- 
titled to  receive  from  the  purchaser,  for  making  such 
report,  a  fee  of  fifty  cents.     En.  March  12,  1872. 

§  3518.  Duplicate  for  lost  certificate  of  purchase.  If 
the  owner  of  a  certificate  of  purchase  claims  that  it  has 
been  lost,  destroyed,  or  is  beyond  his  control,  the  register 
must  take  testimony  concerning  the  loss,  destruction,  or 
reason  why  the  same  is  beyond  his  control.  But  the 
party  must,  before  the  hearing,  make  affidavit  that  he 
has  not  sold  the  said  certificate  of  purchase,  or  the  land 
described  therein,  and  must  publish  a  notice  in  some 
newspaper  in  the  county  where  the  land  is  situated,  or 
if  there  is  no  newspaper  published  in  the  county,  then 
in  some  newspaper  of  general  circulation  in  the  county, 
for  at  least  four  weeks,  describing  the  certificate  and  the 
lands  for  which  the  same  was  issued,  stating  the  name 
of  the  person  to  whom  the  same  was  issued  and  the  per- 
son then  claiming  to  own  it,  together  with  the  time  and 
place  of  the  hearing.  If  the  register  is  satisfied  of  the 
loss  or  destruction  of  the  certificate,  or  that  it  is  beyond 
the  control  of  the  person  owning  the  same,  he  must  issue 
to  the  owner  thereof  a  duplicate,  with  the  word  "Dupli- 
cate" written  across  the  face  thereof  in  red  ink.  Such 
duplicate  shall  have  the  same  force  and  effect  as  the 
original.  If  there  is  a  contest  as  to  the  issuing  of  a 
duplicate  certificate,  the  register  may  hear  and  determine 
the  same,  or  may  refer  it  to  the  proper  court,  as  provided 
in  section  thirty-four  hundred  and  fourteen.  En.  Marcli 
12,  1872.     Am'd.  1873-4,  53. 

Cal.  Rep.  Cit.    73,  362;   73,  363;   73,  364. 

§  3519.  Register  to  prepare  patents,  when.  Whenever 
final  payment  has  been  made  for  any  tract  of  land,  the 
selection  of  which   has   been   accepted   and    approved   by 


m  TliE   PUBLIC    LANDS.  §§  3520-35:^3 

the  United  States  authorities,  or  when  the  tract  finally 
paid  for  or  reclaimed  is  swamp  and  overflowed,  salt  marsh, 
or  tide  lands,  the  register,  upon  the  surrender  of  the 
certificate  of  purchase  by  the  person  entitled  to  the. same, 
must  prepare  a  patent  lor  the  laud,  and  send  it  to  the 
governor,  together  with  a  certificate  that  the  laws  in  re- 
lation thereto  have  been  complied  with,  that  payment  in 
full  has  been  made,  and  that  the  party  named  in  the  pre- 
pared patent  is  entitled  to  it.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     73,  362;  81,  89;  112,  315;  115,  335. 

§  3520.  Patent,  how  executed.  The  patent  must  then 
be  signed  by  the  governor,  attested  by  the  Secretary  of 
State,  sealed  with  the  great  seal  of  the  state,  and  be 
countersigned  by  the  register.     En.  March  12,  1872. 

§  3521.  When  to  issue.  No  patent  must  issue  until  after 
the  expiration  of  one  year  from  the  date  of  approval  of 
the  survey  or  location  by  the  surveyor-general,  nor  until 
the  lands  are  relinquished  to  the  state  by  authority  of 
the  general  land  office  at  Washington.  Such  relinquish- 
ment is  not  required  for  locations  of  the  sixteenth  and 
thirty-sixth  sections  in  place,  or  for  swamp  and  over- 
flowed lands,  shown  to  be  such  by  the  official  surveys 
made  by  authority  of  the  United  States  surveyor-general. 
En.  March  12,  1872. 

§  3522.     Patents    to    be     recorded     and     delivered.     The 

register  must  record  all  patents  in  books  to  be  kept  in 
his  office  for  that  purpose,  and  then  deliver  them  to 
persons  entitled  thereto.     En.  March  12,  1872. 

§  3523.  Effect  of  patent  issued  to  deceased  persons. 
Where  a  patent  for  lands  is  issued  in  the  name  of  a  de- 
ceased person,  the  title  is  vested  in  the  heirs,  devisees, 
or  assignees  of  such  person,  in  the  same  manner  as  if 
the  patent  had  issued  to  such  person  during  life.  En. 
March  12,  1872. 

Pol.  Code— 51 


§§  3533-3536  THE   PUBLIC   LANDS.  SOA 

ARTICLE  V. 

SELECTION    AND    SALE    OF    UNIVERSITY    LANDS. 

§  3533.  Regents   to    select   and    sell   certain    lands. 

§  3534.  Land    agent    of   university,    duty   of. 

§  3535.  Certain   moneys   to  be   paid   out. 

§  3536.  Purchasers    who    have   not    paid   up. 

§  3533.  Regents  to  select  and  sell  certain  lands.  The 
regents  of  the  university  may  order  the  selection  of  the 
one  hundred  and  fifty  thousand  acres  of  land  granted  to 
the  state  for  the  use  of  an  agricultural  college,  and  dis- 
pose of  the  same  at  the  price  and  in  the  manner  fixed 
by  them.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     68,  476;  71,  116. 

Selection  and  sale  of  university  lands,  act  concerning: 
Stats.  1874,  p.   356.     Am'd.  1880,   36. 

§  3534.  Land  agent  of  university,  duty  of.  The  land 
agent  of  the  university,  as  the  agent  of  the  state,  must 
select  the  lands  according  to  the  instructions  of  the  board, 
and  issue  ceriflcates  of  purchase  and  patents  to  pur- 
chasers who  comply  with  the  conditions  fixed  by  the 
board;  and  the  regents  must  invest  all  moneys  accruing 
from  the  sale  of  lands  as  they  may  deem  best,  subject  to 
the  conditions  of  the  act  of  Congress  granting  such  lands. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     68,  476;    71,  116;    123,  618. 

§  3535.  Certain  moneys  to  be  paid  out.  All  moneys, 
securities,  or  other  properties  arising  from  the  sale  of 
the  seventy-two  sections  granted  to  the  state  for  a  semi- 
nary of  learning,  and  from  the'  sale  of  the  ten  sections 
granted  to  the  state  for  the  erection  of  public  buildings, 
must  be  paid  out  of  the  state  treasury  on  the  order  of 
the  regents  of  the  university.     En.  March  12,  1872. 

§  3536.  Purchasers  who  have  not  paid  up.  All  persons 
who  have  purchased  any  portion  of  either  of  the  grants 
mentioned  in  the  preceding  section,  and  who  have  not 
paid  in  full  therefor,  must  be  included  in  the  delinquent 
list,  and  the  district  attorney  must  proceed  against  such 
delinquents  as  provided  in  sections  3547  and  3548,  and 
the  provisions  of  sections  3548  to  3556,  inclusive,  are 
made  applicable  to  such  proceedings.  If  such  lands  re- 
vert to  the  state,  they  pass  under  the  control  of  and  may 


803  THE    PUBLIC   LANDS.  §§  3546-3a48 

be  sold   by   the   board   of  regents  of   the   university.    En. 
March  12,  1872. 


ARTICLE  VI. 

PROCEEDINGS     AGAINST     DELINQUENT     PURCHASERS. 

§  3546.  Register    to    furnish    statement    of    delinquents. 

§  3.347.  Delinquent    purchasers,    and    proceedings   against. 

§  3548.  Same. 

§  3549.  Service  of  summons. 

§  3550.  Copy   of   decree   to   be  filed. 

§  3551.  When   purchaser   may  be  restored   to  rights. 

§  3552.  When   judgment   binds   assignee. 

§  35.53.  Compensation    of   district    attorney. 

§  3554'.  After   filing   'decree,    land   subject  to   sale. 

§  3555.  Costs  of  suits   taxed   and  collected. 

§  3556.  Subsequent    purchasers   may    defend,    etc. 

§  3546.     Register  to    furnish    statement  of    delinquents. 

The  register  must,  on  the  first  day  of  May  of  each  year, 
forward  to  the  district  attorney  of  each  county  a  statement 
embracing  all  the  lands  in  the  county  upon  which  pay- 
ments have  not  been  made,  which  statement  must  show 
the  name  of  the  purchaser,  the  number  and  date  of  the 
survey  or  location,  and  of  the  certificate  of  purchase,  the 
amount  paid,  the  amount  unpaid,, and  the  amount  then 
due.  No  lands  within  any  reclamation  district  milst  be  em- 
braced in  such  statement  after  the  receipt  by  the  register 
of  the  certificate  of  the  board  of  supervisors  that  works  of 
reclamation  have  been  commenced.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     58,  125;  131,  549. 

§  3547.     Delinquent  purchasers,  and  proceedings  against. 

Upon  receipt  of  the  delinquent  list,  the  district  attorney 
must  add  thereto  a  notice  that  if  the  amount  due  is  not 
paid  in  fifty  days  after  the  date  thereof  he  will  commence 
suit  to  foreclose  the  interest  of  purchasers  in  the  lands, 
and  must  publish  the  list  and  notice  for  four  weeks  imme- 
diately following  the  date  of  the  notice,  in  a  newspaper 
published  in  the  county,  or  if  there  is  no  newspaper  pub- 
lished therein,  then  he  must  post  copies  of  the  same  in  at 
least  five  public  places  in  the  county.    En.  March  12,  1872. 

§  3548.  Same.  After  the  expiration  of  the  fifty  days, 
he  must,  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, commence  actions  in  the  superior  court  against 
all  purchasers,  or  holders  of  certificates  of  purchase,  who 
have  not  either  paid   the  amount  due,  together  with   the 


§§  3549-3553  THE    PUBLIC    LANDS.  W4 

cost  of  publication,  or  surrendered  the  title  to  the  state, 
as  provided  in  section  three  thousand  five  hundred  and 
seventj',  to  obtain  a  judgment  of  foreclosure  of  the  interest 
of  the  purchaser,  or  assignee  of  the  purchaser  in  the  land, 
and  to  annul  the  certificate  of  purchase.  En.  March  12, 1872. 
Am'd.  1880,  110. 

Cal.  Rep.  Cit.     106,  363;  115,  333. 

Compare:  Ante,  sees.  3441-3498. 

§  3549.  Service  of  summons.  Service  of  the  summons 
in  such  action  may  be  made  by  publication  in  some  news- 
paper published  in  the  county  for  four  weeks,  or  if  no 
newspaper  is  published  in  the  county,  then  by  posting  one 
copy  of  the  summons  for  four  weeks  at  the  courthouse 
door  of  the  county,  and  two  copies  in  public  places  in  the 
tow.nship  where  the  land  is  situated.    En.  March  12,  1872. 

Cal.  Rep.  Cit.  101,  573;  103,  453;  107,  544;  107,  545;  144, 
423;  144,  424. 

§  3550.  Copy  of  decree  to  be  filed.  Twenty  days  after 
ihe  entry  of  judgment  the  district  attorney  must  file  in 
the  ofiice  of  the  register,  and  in  the  recorder's  office  of  the 
county  in  which  the  land  is  situated,  certified  copies  there- 
of.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     115,  333;   144,  425. 

§  3551.     When    purchaser    may    be    restored    to    rights. 

The  holder  of  the  certificate  of  purchase  may,  at  any  time 
before  such  filing,  pay  to  the  sheriff  the  amount  due  the 
state,  and  the  costs  of  suit  that  have  accrued  up  to  the 
time  of  payment;  whereupon  the  district  attorney  must  dis- 
miss the  suit  or  vacate  the  judgment,  an-d  the  purchaser  or 
holder  of  the  certificate  of  purchase  is  restored  to  his 
rights  in  the  premises.  En.  March  12,  1872. 
Cal.   Rep.   Cit.     144,   425. 

§  3552.  When  judgment  binds  assignee.  A  judgment 
against  the  purchaser  binds  the  assignee,  unless  the  notice 
of  the  assignment  was  filed  with  the  register  before  the 
commencement  of  the  action.    En.  March  12,  1872. 

§  3553.  Compensation  of  district  attorney.  The  district 
attorney  is  entitled  to  receive  ten  dollars  for  each  suit 
brought,  to  be  taxed  as  costs.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  71,  120;  131,  549;  131,  551;  135,  516;  145, 
50;  145,  51;  145,  53. 


805  THE   PUBLIC    LANDS.  §§  3554-3556 

§  3554.  After  filing  decree,  land  subject  to  sale.  After 
judgment  foreclosing  the  interest  of  the  purchaser  or  the 
holder  of  the  certificate  has  been  entered,  and  the  certified 
copies  filed,  the  land  is  again  subject  to  entry  and  sale. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.    71,  120;  106,  363. 

§  3555.  Costs  of  suits  taxed  and  collected.  Upon  the 
rendition  of  a  judgment  foreclosing  the  interest  of  the 
purchaser  or  of  his  assigns  in  the  land,  and  anqulling 
the  certificate  of  purchase,  judgment  for  costs  must  be 
entered  against  the  defendant;  but  if  execution  issued 
thereon  is  returned  not  satisfied,  the  judgment  and  costs 
must  be  paid  from  the  principal  or  interest  paid  by  the 
purchaser  at  the  time  of  the  original  location.  En.  March 
12,  1872. 

Act  to  enable  purchasers  to  redeem  the  land:  See  act 
approved  March  7,  1881;   Stats.  1881,  p.  65. 

§  3556.  Subsequent  purchasers  may  defend,  etc.  Any 
person  haying  a  conveyance  of  the  whole  or  any  portion 
of  the  lands  described  in  any  certificate  of  purchase,  to 
annul  which  suit  has  been  commenced,  but  to  whom  the 
certificate  has  never  been  surrendered,  may  defend  such 
action;  and  if  it  appears  to  the  court  that  he  is  entitled 
to  any  portion  of  the  lands  described,  and  the  holder  of 
such  certificate  does  not  pay  the  amount  due,  the  court 
must  order  the  certificate  annulled  and  a  new  one  to  issue 
to  such  person  upon  payment  into  court  by  him  of  the 
amount  due  the  state  upon  the  whole  tract;  and  such 
person  is  thereupon  entitled  to  two  certified  copies  of  the 
decree,  one  of  which  he  must  file  in  the  county  recorder's 
oflice,  and  the  other  with  the  register.    En.  March  12,  1872. 

Cal.  Rep.  Cit.    131,  549. 


§§  356S-3569  THE   PUBLIC  L,A^^DS.  WW 

ARTICLE  VII. 

MISCELLANEOUS     PROVISIONS     RELATING    TO     PUBLIC     LANDS. 

§  3566.  Duplicates    for   lost    or   defaced    land    warrants. 

§  3567.  Same. 

§  356S.  Same. 

§  35S9.  Same. 

§  3570.  Abandonment   of   entry   or   location,    how  made. 

§  3571.  If  lands  sold  are  not   the  property  of  the  state. 

§  3572.  ^Same. 

§  3.573.  Certain   applications    made   valid. 

§  3574.  Pees   on    application. 

§  3566.     Duplicates   for   lost   or   defaced   land   warrants. 

Any  person  making  application  for  a  duplicate  school 
lanri  warrant,  in  lieu  of  one  lost  or  destroyed,  must  make 
proof  by  aflBdavit  to  the  register  that  he  is  the  owner 
of  such  warrant,  that  it  has  not  been  located,  and  of  the 
facts  establishing  the  loss  or  destruction  thereof,  and  must 
file  with  the  register  a  bond,  with  two  or  more  sureties, 
to  be  approved  by  the  register,  payable  to  the  state  of 
California,  in  double  the  value  of  the  warrant,  conditioned 
that  the  warrant  will  not  be  presented  for  location.  En. 
March  12,  1872. 

§  3567.  Same.  When  for  want  of  a  proper  acknowl- 
edgment of  an  assignment  of  the  original  land  warrant,  or 
partial  destruction  or  defacement  thereof,  or  for  any  other 
cause,  it  cannot  be  made  available,  the  applicant  must 
prove  that  he  is  the  owner  of  the  warrant,  and  that  it  has3 
not  been  located,  and  must  file  the  original  for  cancella- 
tion with  the  register.    En.  March  12,  1872. 

§  3568.  Same.  The  register  must  certify  that  the  'ap- 
plicant is  entitled  to  a  duplicate  warrant  in  lieu  of  the 
one  proved  to  have  been  lost  or  destroyed  or  presented 
for  cancellation,  and  upon  presentation  of  such  certificate 
to  the  governor  he  must  deliver  to  the  applicant  a  dupli- 
cate warrant  bearing  the  same  number  as  the  original 
warrant,  with  the  word  "Duplicate"  written  across  the  face 
thereof,  which  duplicate  has  the  same  force  and  effect  as 
the  original.     En.  March  12,  1872. 

§  3569.  Same.  The  register  must  not  give  the  certifi- 
cate until  he  is  satisfied  that  the  original  has  not  been 
located,  or,  if  located,  that  the  lands  have  not  been  and 
will   not  be   charged  by  the  federal   government  as  part 


807  THE   PUBLIC    LANDS.  §§  3570-35 H 

of  the  five  hundred  thousand  acres  of  land  granted  to 
this  state.     En.  March  12,  1872. 

§  3570.     Abandonment  of  entry  or   location,   how   made. 

"Whenever  a  purchaser  of  land  upon  credit  desires  to 
abandon  the  location  or  entry  made  by  him,  he  may  do 
so  by  conveyance  of  his  title  to  the  state  and  surrender 
of  the  certificate  of  purchase,  or,  if  it  has  been  lost,  by 
filing  an  afiidavit  of  that  fact  with  the  register.  En. 
March  12,  1872. 

Forfeiture  for  non-payment  of  installments:  See  ante, 
sec.  3513. 

§  3571.     If  lands  sold  are  not  the  property  of  the  state. 

If  any  land  sold  is  not  the  property  of  the  state  the  holder 
of  the  certificate  of  purchase  or  patent  may  receive  in 
exchange  therefor  from  the  register  a  certificate  showing 
the  amounc  paid  and  the  class  of  land  upon  which  the 
payment  was  made.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     57,  558;  58,  248;  63,  248;  63,  249;  74,  399. 

§  3572.  Same.  If  the  land  sold  was  swamp  and  over- 
fiowed  the  county  auditor  of  the  county  in  which  the  land 
is  situated  must,  upon  the  surrender  to  him  of  the  cer- 
tificate mentioned  in  section  three  thousand  five  hundred 
and  seventy-one,  draw  his  warrant  in  favor  of  the  person 
surrendering  such  certificate  for  the  amount  therein  speci- 
fied, upon  the  treasurer  of  the  county,  who  must  pay  the 
same  out  of  the  swamp  and  overflowed  land  fund  of  the 
district  in  which  the  land  is  situated.  If  the  land  sold  was 
not  swamp  and  overflowed,  the  controller  of  state,  upon 
the  surrender  to  him  of  such  certiflcate,  must  draw  his 
warrant  in  favor  of  the  person  surrendering  the  same,  for 
the  amount  therein  specified,  upon  the  treasurer  of  state, 
who  must  pay  the  same  out  of  the  fund  into  which  the 
purchase  money  was  paid.  En.  March  12,  1872.  Am'd. 
1877-8,  63. 

Cal.  Rep.  Cit.     63,  249;   74,  399. 

§  3573.  Certain  applications  made  valid.  All  applica- 
tions made  prior  to  March  twenty-fourth,  eighteen  hun- 
dred and  seventy,  for  the  purchase  of  lands  under  the 
provisions  of  "An  act  to  provide  for  the  management  and 
sale  of  lands  belonging  to  the  state,"  approved  March 
twenty-eight,    eighteen    hundred    and  sixty-eight,  if  there 


§§  3574,  3584    YOSEMITE     VALLEY    AND    MARIPOSA    GROVE.  80!j 

was  not,  on  the  twenty-fourth  day  of  March,  eighteen 
hundred  anri  seventj^  two  or  more  applicants  for  the  pur- 
chase of,  or  conflicts  between  claimants  of,  the  same 
land,  -■"  the  purchase  has  been  completed  and  patent 

issued,  are  valid,  although  the  aflBdavits  on  which  such 
applications  were  based  are  neither  in  form  nor  sub- 
stance in  compliance  with  the  provisions  of  such  act.  En. 
March  12,  1872.     Am'd.  1893,  116. 

Cal.   Rep.    Cit.     99,    460. 

§  3574.  Fees  on  application.  Each  application  for  lands 
must  be  accompanied  by  a  fee  of  five  dollars,  and  no 
application  shall  be  received,  filed,  or  noted  in  any  way 
until  such  fee  is  paid.  The  surveyor-general  shall  charge 
the  same  fees  as  are  allowed  the  register  for  like  ser- 
vices; and  al.  fees  collected  by  either  the  surveyor-general 
or  register  shall  be  paid  into  the  state  treasury  on  the 
first  Monday  of  each  and  every  month,  and  placed  to 
the  credit  of  the  general  fund;  and  said  officers  shall,  on 
the  first  Monday  of  each  month,  make  a  written  report 
to  the  state  controller,  stating  the  amount  of  fees  so 
paid,  together  with  the  sources  from  which  they  were 
derived,  and  the  several  amounts,  by  items.  The  sur- 
veyor-general and  register,  whenever  it  may  be  necessary, 
may  purchase  such  maps  and  records  as  the  needs  of 
their  office  may  demand,  but  all  claims  against  the  state, 
authorized  by  this  section,  shall  be  certified  to  the  state 
board  of  examiners,  and  if  the  same  be  allowed,  the  board 
shall  direct  the  controller  of  state  to  draw  his  warrant  in 
payment  of  the  same,  payaule  out  of  the  general  fund. 
En.  March  12,  1872.     Am'd.  1873-4,  53;  1875-6,  57. 

Cal.  Rep.  Cit.     55,  307;   61,  55;   139,  626. 

CHAl  PER   II. 

THE   YOSEMITE   VALLEY   AND   MARIPOSA   BIG   TREE   GROVE. 

§  3584.    Commissioners    to    manage. 

§  3585.     Guardian    and    his    compensation. 

§  3BS6.     Report    of    commissioners. 

§  3584.  Commissioners  to  manage.  The  governor  of 
this  state  and  the  eight  other  commissioners  appointed 
by  the  governor  on  the  twenty-eighth  day  of  September, 
eighteen  hundred  and  sixty-four,  in  accordance    with    the 


809  STATE   BURYING   GROUNDS.  §§  35ko-3iS« 

terms  of  an  act  of  congress  entitled  an  act  authorizing 
a  grant  to  the  state  of  California  of  the  Yosemite  Valley 
and  of  the  land  embracing  the  Mariposa  Big  Tree  Grove, 
approved  June  thirteenth,  eighteen  hundred  and  sixty- 
four,  constitute  a  board  to  manage  such  premises.  Any  va- 
cancy occurring  in  the  board  may  be  filled  by  the  appoint- 
ment of  the  governor.  The  commissioners  are  known  as 
"The  Commissioners  to  manage  the  Yosemite  Valley  and 
the  Mariposa  Big  Tree  Grove,"  and  under  such  name 
they  and  their  successors  may  sue  and  be  sued  and  have 
full  power  to  manage  and  administer  the  grant  made  and 
the  trust  created  by  the  act  of  congress,  and  to  make  and 
adopt  all  rules,  regulations,  and  by-laws  for  their  own 
governm^"  and  the  government.  Improvement  and  preser- 
vation of  such  premises.     En.  March  12,  1872. 

Commissioners,  nine  in  number,  are  civil  executive  offi- 
cers:  Ante,  sec.  343. 

Special  laws  relating  to  Yosemite  Valley:  See  General 
Laws,  titl*^  Yosemite  Valley. 

§  3583.  Guardian  and  his  compensation.  They  may  ap- 
point a  guardian  of  the  premises,  removable  at  their 
pleasure,  who  must  perform  such  duties  as  they  may  pre- 
scribe, and  may  receive  such  compensation  as  they  may 
fix,  not  to  exceed  five  hundred  dollars  per  annum.  En. 
March  12,  1872. 

§  3586.  Report  of  commissioners.  The  commissioners 
must  make  a  report  of  their  proceedings  and  of  the  con- 
dition of  the  premises  thi'ough  the  governor,  to  the  legis- 
lature, at  every  regular  session  thereof.  En.  March  12, 
1872. 

CHAPTER   III. 

STATE     BURYING    GROUNDS. 

§  3590.     Title   vested    In    state.    Who    may    be   interred. 
§  3ri97.     Duties    of    trustees 

§  3596.     Title    vested    in    state.     Who    may    be    interred. 

The  fee  to  the  state  burying  ground,  in  the  city  cemetery 
of  the  city  of  Sacramento,  is  in  the  people  of  the  state  of 
California,  and  there  may  be  interred  therein  any  person 
who,  at  the  time  of  his  death,  was  a  state  officer  or  a  mem- 
ber of  the  senate  or  assembly.    En.  March  12,  1872. 


§§  3597,  3607  PROPERTY    LIABLE    TO    TAXATION.  8l« 

§  3597.  Duties  of  trustees.  The  board  of  trustees  of 
the  state  burying  ground  have  the  control  and  manage- 
ment of  the  grounds  and  the  expenditure  of  all  moneys 
appropriated  for  the  maintenance  or  improvement  thereof. 
En.  March  12,  1872. 

Trustees  of  state  burying  ground,  number  of:  Ante, 
sec.  343.  Are  civil  executive  officers:  Ante,  sec.  343.  Are 
appointed  by  govei^nor  with  consent  of  senate:  Ante,  sec. 
368. 

TITLE  IX. 

REVENUE. 

Chapter  I.  Property  Liable  to  Taxation,  §§  3607-3611. 

II.  Definitions,  §  3617. 

III.  Assessment  of  Property,    §§    3627-3671. 

IV.  Equalization  of  Taxes,  §§  3672-3705. 
V.  Levy  of  Taxes,  §§   3713-3719. 

VI.     Duties  of  the  Auditor  in  Relation  to  Revenue, 
§§  3727-3739. 
VII.     Collection  of   Property  Taxes,   §§    3746-3819. 
VIII.     Collection  of  Taxes  by  the  Assessor  on  Certain 
Personal  Property,   §§   3820-3831. 
IX.     Poll  Taxes,  §§  3839-3862. 

X.     Settlements  with  the  Controller  and  Payments 
into  State  Treasury,  §§  3865-3880. 
XI.     Miscellaneous   Provisions,   §§.  3881-3900. 
(General  Citation  of  Title,  147,  654.) 

CHAPTER   I. 

PROPERTY    LIABLE    TO    TAXATION. 

§  3607.  Property   subject   to    taxation. 

§  3608.  Shares    of    stock    in    corporations. 

§  3609.  Shares   ol  national    bank.s. 

§  3610.  Shares   of  national   banks. 

§  :!611.  Exemption    of    church    property. 

§  3607.  Property  subject  to  taxation.  All  property  in 
this  State,  not  exempt  under  the  laws  of  the  United 
States,  excepting  fruit  and  nut  bearing  trees  under  the 
age  of  four  years  from  the  time  of  planting  in  orchard 
form,  and  grapevines  under  the  age  of  three  years  from 
the  tinie  of  planting  in    vineyard    form,    growing    crops, 


SU  PROPERTY    LIABLE    TO    TAXATION.  8  3608 

property  used  exclusively  for  public  schools,  free  public 
libraries,  and  free  museums,  and  such  as  may  belong  to 
the  United  States,  this  state,  or  to  any  county  or  municipal 
corporation  Avithin  this  state,  is  subject  to  taxation,  as  in 
this  code  provided;  but  nothing  in  this  code  shall  be  con- 
strued to  require  or  permit  double  taxation.  En.  March  12, 
1872.     Am'd.  1880,  5;  1881,  56;  1895,  306. 

Cal.  Rep.  Cit.     62,  115;  67,  111;  99,  675;  108,  193;  134,  480; 

137,  524. 
What  objects  may  be  taxed:   See  post,  sec.  3617. 

All  property  subject  to  taxation.— "Real  estate"  includes 
what:  See  post,  sec.  3617. 

"Property"  defined:   See  post,  sec.  3617. 
Property  subject  to  taxation,  meaning  of  term  property 
in  this  connection:  Sec.  3617,  subd.  1. 

Act  establishing  tax  on  collateral  inheritance:  See  Gen- 
eral Laws,  title  Taxation. 

Act  imposing  tax  on  issue  of  certificate  of  stock,  re- 
pealed: See  General  Laws,  title  Taxation. 

Exemptions  in  this  section,  growing  crops.  The  exemp- 
tions here  enumerated  conform  to  Const.  Cal.,  art.  XIII, 
sec.  1. 

Public  schools.  Constitutional  authority  for  this  exemp- 
tion:  Art.  XIII,  sec.  1;  and  see  ante,  sees.  1817-1861. 

The  taxing  of  the  property  of  a  corporation,  as  well  as 
the  shares  of  the  stock,  is  expressly  declared  to  be  double 
taxation:  Post,  sec.  3608. 

§  3608.  Shares  of  stock  in  corporations.  Shares  of 
stock  in  corporations  possess  no  intrinsic  value  over  and 
above  the  actual  value  of  the  property  of  the  corporation 
which  they  stand  for  and  represent;  and  the  assessment 
and  taxation  of  such  shares,  and  also  all  the  corporate 
property,  would  be  double  taxation.  Therefore,  all  prop- 
erty belonging  to  corporations,  save  and  except  the  prop- 
erty of  national  banking  associations  not  assessable  by 
federal  statute,  shall  be  assessed  and  taxed.  But  no  as- 
sessment shall  be  made  of  shares  of  stock  in  any  cor- 
poration, save  and  except  in  national  banking  associations, 
whose  property,  other  than  real  estate,  is  exempt  from 
assessment  by  federal  statute.  En.  Stats.  1881,  56.  Am'd. 
1899,  96. 

Cal.  Rep.  Cit.  62,  115;  62,  117;  62,  118;  116,  22;  116,  23; 
116,  28;  116,  31;  142,  282;  142,  284;  142,  285;  142,  286. 


§§  3609,  3610  PROPERTY  LIABLE   TO   TAXATION.  812 

§  3609.  Shares  of  national  banks.  The  stockholders  in 
every  national  banking  association  doing  business  in  this 
state,  and  having  its  principal  place  of  business  located 
in  this  state,  shall  be  assessed  and  taxed  on  the  value  of 
their  shares  of  stock  therein;  and  said  shares  shall  be 
valued  and  assessed  as  is  other  property  for  taxation,  and 
shall  be  included  in  the  valuation  of  the  personal  prop- 
erty of  such  stockholders  in  the  assessment  of  the  taxes  at 
the  place,  city,  town,  and  county  where  such  national  bank- 
ing association  is  located,  and  not  elsewhere,  whether  the 
said  stockholders  reside  in  said  place,  city,  town,  or  county, 
or  not;  but  in  the  assessment  of  such  shares,  eacL  stock- 
holder shall  be  allowed  all  the  deductions  permitted  bj 
law  to  the  holders  of  moneyed  capital  in  the  form  of  solvent 
credits,  in  the  same  manner  as  such  deductions  are  allowed 
by  the  provision  of  paragraph  six  of  section  thirty-six 
hundred  and  twenty-nine  of  the  Political  Code  of  the  state 
of  California.  In  making  such  assessment  to  each  stock- 
holder, there  shall  be  deducted  from  the  value  of  his  shares 
of  stock  such  sum  as  is  in  the  same  proportion  to  such  value 
as  the  total  value  of  its  real  estate  and  property  exempt 
by  law  from  taxation  bears  to  the  whole  value  of  all  the 
shares  of  capital  stock  in  said  national  bank.  And  nothing 
herein  shall  be  construed  to  exempt  the  real  estate  of  such 
national  bank  from  taxation.  And  the  assessment  and  tax- 
ation of  such  shares  of  stock  in  said  national  banking  as- 
sociations shall  not  be  at  a  greater  rate  than  is  made  or 
assessed  upon  other  moneyed  capital  in  the  hands  of  indi- 
vidual citizens  of  this  state.    En.  Stats.  1899,  96. 

§  3610.  Shares  of  national  banks.  The  assessor  charged 
by  law  with  the  assessment  of  said  shares  shall,  within 
ten  days  after  he  has  made  such  assessment,  give  written 
notice  to  each  national  banking  association  of  such  assess- 
ment of  the  shares  of  its  respective  shareholders;  and  no 
personal  or  other  notice  to  such  shareholders  of  such  as- 
sessment shall  be  necessary  for  the  purpose  of  this  act. 
And  in  case  the  tax  on  any  such  stock  is  unsecured  by  real 
estate  owned  by  the  holder  of  such  stock,  then  the  bank 
in  which  said  stock  is  held  shall  become  liable  therefor; 
and  the  assessor  shall  collect  the  same  from  said  bank, 
which  may  then  charge  the  amount  of  the  tax  so  collected 
to  the  account  of  the  stockholder  owning  such  stock,  and 
shall  have  a  lien,  prior  to  all  other  liens,  on  his  said 
stock,  and  the  dividends  and  earnings  thereof,  for  the  re- 
imbursement to  it  of  such  taxes  so  paid.  En.  Stats.  1899, 
97. 


813  DEFINITIONS   RELATING   TO   PROPERTY.       §§  3611,  3617 

§  3611.  Exemption  of  church  property.  All  buildings, 
and  so  much  of  the  real  property  on  which  they  are  sit- 
uated as  may  be  required  for  the  convenient  use  and  oc- 
cupation of  said  buildings,  when  the  same  are  used  solelj' 
and  exclusively  for  religious  worship,  shall  be  free  from 
taxation;  provided,  that  no  building  so  used  which  may 
be  rented  for  religious  purposes  and  rent  received  by  the 
owner  therefor  shall  be  exempt  from  taxation.  That  any 
person  claiming  property  to  be  exempt  from  taxation  un- 
der this  section  shall  make  a  return  thereof  to  the  assessor 
annually,  the  same  as  property  is  listed  for  taxation,  and 
shall  accompany  the  same  by  an  affidavit  showing  that 
the  building  is  used  solely  and  exclusively  for  religious 
worship,  and  that  the  described  portion  of  the  real  prop- 
erty claimed  as  exempt  is  required  for  the  convenient  use 
and  occupation  of  such  building,  and  that  the  same  is  not 
rented  for  religious  purposes  and  rent  received  by  the  owner 
therefor.    En.  Stats.  1903,  21. 


CHAPTER  II. 

DEFINITIONS. 
§  3617.     Definition    of    terms   and    words. 

§  3617.  Definition  of  terms  and  words.  Whenever  the 
terms  mentioned  in  this  section  are  employed  in  this  act, 
they  are  employed  in  the  senses  hereafter  affixed  to  them: 

First — The  term  "property"  inclu'des  moneys,  credits, 
bonds  (except  of  railroad  or  quasi-public  corporations), 
stocks,  dues,  franchises,  and  all  other  matters  and  things, 
real,  personal,  and  mixed,  capable  of  private  ownership. 

Second — The  term  "real  estate"  includes: 

1.  The  possession  of,  claim  to,  ownership  of,  or  right  to 
the  possession  of  land. 

2.  All  mines,  minerals,  and  quarries  in  and  under  the 
land,  all  timber  belonging  to  individuals  or  corporations, 
growing  or  being  on  the  lands  of  the  United  States,  and  all 
rights  and  privileges  appertaining  thereto. 

3.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation 
by  which  a  debt  is  secured,  when  land  is  pledged  for  the 
payment  and  discharge  thereof,  shall,  for  the  purpose  of  as- 
sessment and  taxation,  be  deemed  and  treated  as  an  inter- 
est in  the  land  so  pledged. 


§  3617  DEFINITIONS   RELATING   TO  PROPERTT.  »14 

4.  Improvements. 

Third — The  term  "improvements"  includes: 

1.  All  buildings,  structures,  fixtures,  fences,  and  improve- 
ments erected  upon  or  affixed  to  the  land,  except  telephone 
and  telegraph  lines. 

2.  All  fruit,  nut-bearing,  or  ornamental  trees  and  vines, 
not  of  natural  growth,  excepting  fruit  and  nut-bearing  trees 
under  four  years  of  age,  and  grape  vines  under  three  years 
of  age. 

3.  Alfalfa,  after  the  first  year's  planting. 

Fourth — The  term  "personal  property"  includes  every- 
thing which  is  the  subject  of  ownership,  not  included  with- 
in the  meaning  of  the  term  "real  estate"  or  "improve- 
ments." 

Fifth — The  terms  "value"  and  "full  cash  value"  mean 
the  amount  at  which  the  property  would  be  taken  in  pay- 
ment of  a  just  debt  from  a  solvent  debtor. 

Sixth— The  term  "credits"  means  those  solvent  debts, 
not  secured  by  mortgage  or  trust  deed,  owing  to  the  person, 
firm,  corporation,  or  association  assessed.  The  term  "debt" 
means  those  unsecured  liabilities  owing  by  the  person,  firm, 
corporation,  or  association  assessed  to  bona  fide  residents 
of  this  state,  or  firms,  associations  or  corporations  doing 
business  therein;  but  credits,  claims,  debts,  and  demands 
due,  owing  or  accruing  for  or  on  account  of  money  de- 
posited with  savings  and  loan  corporations,  shall,  for  the 
purpose  of  taxation,  be  deemed  and  treated  as  an  interest 
in  the  property  of  such  corporation,  and  shall  not  be  as 
sessed  to  the  creditor  or  owner  thereof.  En.  March  12, 
1872.  Am'd.  1873-4,  143;  1875-6,  58;  1877-8,  64;  1880,  5; 
1881,  56;  1889,  203;  1895,  306;  1905,  192. 

Cal.  Rep.  Cit.     58,  146;   62,  115;   65,  460;  83,  449;   97,  220; 

97    221;   97,  222;   97,  223;   104,  622;  109,  402;  121,  384; 

128,   596;    128,.  605;    137,  514;    137,  526.     Subd.  1—142, 

290.     Suhd.    2—144,    153.     Subd.   3—123,   75;    144,   437. 

Subd.  5—142,  291.     Subd.  6—109,  398;  113,  400. 
Property:  See  Const.  Cal.,  art.  XIII,  sec.  1. 
Stock:  See  ante,  sec.  3608. 
How  mortgages  are  to  be  assessed:  See  post,  sec.  3627. 


815  ASSESSMENT    OF    PROPERTY.  S  3627 

CHAPTER  III. 

ASSESSMENT    OF    PROPERTY. 

§  3627.  Property,    how    assessed. 

§  3628.  Franchises.    Other    taxable    property. 

§  3629.  Contents    of    stafemcnt    required    by    assessor. 

§  3630.  Blank   forms  of  statement,    and  affidavit   therefor. 

§  3631.  Statement   to   be   filled   out   and   returned   to   assessor. 

tj  se"_'.  Power   of  assessor  to   require   affldavit  and    testimony. 

§  :)ii33.  Property  or  person  neglecting  or  refusing  to  give  statement, 
how    assessevi. 

§  3634.  Sufficient  description  and  survey  of  property,  how  obtained  by 
assessor  by   aid  of  court. 

§  S63.\i.  Assessment    of   unknown    or    absent   owners   of   property. 

§  3636.  Same. 

§  3637.  Projjerty    situated    in    another    county. 

§  363S.  Consigned   property. 

§  3639.  Trustees,    guardians,    executors,    and    administrators. 

§  3640.  Enrollment    of    persons    subject   to    poll    tax.     (Repealed.) 

§  3641.  Property   of    firm    or   corporation   assessed   where   situated. 

§  3642.  Undistributed   property   of   deceased   persons. 

§  3643.  Ferries  an'd   toll   bridges,    where  assessed. 

§  3644.  Vessels,    where    assessed. 

§  3645.  Same. 

§  3646.  Boats    and    small    craft. 

§  3647.  Property    and    money    In    litigation. 

§  3648.  Property   concealed,    misrepresented,    etc. 

§  3G49.  Property   not    taxed    in    previous   year. 

§  3650.  Property,    how   listed. 

§  3651.  Index    to   assessment   book. 

§  "6-52.  .^ffldavit   to   completed   assessment    book. 

§  3653.  Copy   of  assessment   book   to  be   furnished  cities  and   towns. 

§  3654.  Delivery  of  assessment  book,  etc.,  to  clerk  of  supervisors.  No- 
tice  of   meeting   to   equalize   assessments. 

§  3655.  Statement  by  assessor  to  state  board  of  equalization,  to  show 
what. 

§  3656.  Penalty  for  failure  of  assessor  to  complete  assessment  book 
and  transmit   statement. 

§  3657.  Persons  claiming  ownership  of  property  and  desiring  to  be  as- 
sessed. 

§  36.58.  Supervlsois    to    furnish    assessor    with    maps,    books,    etc. 

§  365Sa.  Official   maps;   assessment   by   reference   to. 

§  3659.  Duty    of    surveyor-general    in    relation    to    lands    sold    state. 

§  3660.  When   assessor   liable   for    taxes   on   unassessed    property. 

§  -3661.  District   attorney   to   prosecute   assessor  for   unpaid   taxes,    when. 

§  3662.  Judgment,    when    entered    against    assessor. 

§  3663.  Assessment    of    water    ditches,    toll    roads    and    telegraph    lines. 

§  3664.  Agent  of  corporation,  statement  by  to  state  board  of  equaliza- 
tion. 

§  3G63.  Assessment    of   railway   franchises    and   properties. 

§  3666.  Record    of  assessment   of  railways. 

§  3C67.  Notice   to   controller   of   county  rate   of   taxation. 

§  ."fiOS.  Publication    by    controller. 

§  3669.  Certain   taxes  to  br  pai-d  state  treasurer. 

§  3670.  Controller   to   sue   for    delinquent   taxes. 

§  3671.  Basis    of    taxation    for    counties. 

§  3627.  Property,  how  assessed.  All  taxable  property 
must  be  assessed  at  its  full  cash  value.  Land  and  improve- 
ments  thereon    shall    be    separately    assessed.    Cultivated 


§  3628  ASSESSMENT   OF   PROPERTY.  816 

and  uncultivated  land  of  the  same  quality,  and  similarly 
situated,  shall  be  assessed  at  the  same  value.  A  mort- 
gage, deed  of  trust,  contract,  or  other  obligation  by  which 
a  debt  is  secured,  shall,  for  the  purposes  of  assessment 
and  taxation,  be  deemed  and  treated  as  an  interest  in 
the  property  affected  thereby,  except  as  to  railroad  and 
other  quasi-public  corporations.  In  case  of  debts  so 
secured,  the  value  of  the  property  affected  by  such  mort- 
gage, deed  of  trust,  contract,  or  obligation,  less  the  value 
of  such  security,  shall  be  assessed  and  taxed  to  the  owner 
of  the  property,  and  the  value  of  such  security  shall  be 
assessed  and  taxed  to  the  owner  thereof,  in  the  county, 
city,  or  district  in  which  the  property  affected  thereby  is 
situated.  The  taxes  so  levied  shall  be  a  lien  upon  the 
property  and  security,  and  may  be  paid  by  either  party  to 
such  security;  if  paid  by  the  owner  of  the  security,  the 
tax  so  levied  upon  the  property  affected  thereby  shall 
become  a  part  of  the  debt  so  secured.  If  the  owner  of  the 
property  shall  pay  the  tax  so  levied  on  such  security,  it 
shall  constitute  a  payment  thereon,  and,  to  the  extent  of 
such  payment,  a  full  discharge  thereof.  If  any  such  se- 
curity or  indebtedness  shall  be  paid  by  any  such  debtor  or 
debtors  after  assessment  and  before  the  tax  levy,  the 
amount  of  such  levy  may  likewise  be  retained  by  such 
debtor  or  debtors,  and  shall  be  computed  according  to  the 
tax  levy  for  the  preceding  year;  and  every  contract  by 
which  a  debtor  is  obliged  to  pay  any  tax  or  assessment  on 
money  loaned,  or  on  any  mortgage,  deed  of  trust,  or  other 
lien,  shall,  as  to  any  interest  specified  therein  and  as  to 
such  tax  or  assssment,  be  null  and  void.  En.  March  12, 
1872.     Am'd.  1880.  6;   1881,  57. 

Cal.  Rep.  Cit.  67,  87;  68,  499;  72,  36;  83,  449;  96,  635; 
96,  636;  96,  637;  120.  340;  121,  384;  145,  55;  145,  58. 

"Improvements"  defined:  See  ante,  sec.  3617,  subd.  4. 
Full  cash  value  defined:  Ante,  sec.  3617,  subd.  5.  Lands, 
provision  for  assessment  of,  conforms  to  Const.  Cal.,  art. 
XIII.    sec.    2. 

Mortgages  and  similar  obligations,  provision  in  section 
for  assessment  of,  nearly  identical  with  Const.  Cal.,  art. 
XIII,  sec.  4,  except  last  clause,  which  is  taken  from  sec- 
tion 5  of  same  article  of  constitution. 

Taxation,  acts  in  relation  to:  See  General  Laws,  title 
Taxation. 

§  3628.  Franchises.  Other  taxable  property.  The  fran- 
chise,   roadway,    roadbed,    rails,    and  rolling  stock  of  all 


817  ASSESSMENT   OP  PROPERTY.  g  3628 

railroads  operated  in  more  than  one  county  in  this  state 
shall  be  assessed  by  the  state  board  of  equalization,  as 
hereinafter  provided  for.  Other  franchises,  if  granted  by 
the  authorities  of  a  county,  city,  or  city  and  county,  must 
be  assessed  in  the  county,  city,  or  city  and  county  within 
which  they  were  granted;  if  granted  by  any  other  authority, 
they  must  be  assessed  in  the  county  in  which  the  corpora- 
tions, firms,  or  persons  owning  or  holding  them  have  their 
principal  place  of  business.  All  other  taxable  property 
shall  be  assessed  in  the  county,  city,  or  city  and  county, 
town,  township  or  district  in  which  it  is  situated.  Land 
shall  be  assessed  in  parcels  or  subdivisions  not  exceeding 
six  hundred  and  forty  acres  each;  and  tracts  of  land  con- 
taining more  than  six  hundred  and  forty  acres,  which  have 
been  sectionized  by  the  United  States  government,  shall  be 
assessed  by  sections  or  fractions  of  sections.  Lands  sold 
by  the  state  for  which  no  patent  has  been  issued  shall 
be  assessed  the  same  as  other  lands,  but  the  owner  shall 
be  entitled  to  a  deduction  from  such  assessed  valuation  in 
the  amount  due  the  state  as  principal  upon  the  purchase 
price.  The  assessor  must,  between  the  first  Mondays  in 
March  and  July  of  each  year,  ascertain  the  names  of  all 
taxable  inhabitants,  and  all  the  property  in  his  county 
subject  to  taxation,  except  such  as  is  required  to  be 
assessed  by  the  state  board  of  equalization,  and  must 
assess  such  property  to  the  persons  by  whom  it  was  owned 
or  claimed,  or  in  whose  possession  or  control  it  was,  at 
twelve  o'clock  meridian,  of  the  first  Monday  in  March  next 
preceding;  but  no  mistake  in  the  name  of  the  owner  or 
supposed  owner  of  real  property  shall  render  the  assess- 
ment thereof  invalid.  In  assessing  solvent  credits,  not 
secured  by  mortgage  or  trust  deed,  a  reduction  therefrom 
shall  be  made  of  debts  due  to  bona  fide  residents  of  this 
state.    En.  March  12,  1872.     Am'd.  1880,  7;  1895,  307. 

Cal.  Rep.  Cit.  53,  666;  55,  367;  58,  137;  63,  527;  66;  19; 
66,  20;  66,  21;  66,  22;  68,  561;  69,  539;  84,  302; 
86,  124;  87.  502;  90,  465;  93,  473;  96.  636;  99,  38; 
99,  675;  121,  660;  129,  95;  130,  131;  131,  82;  131,  83; 
131,  359;  139,  523;  143,  432;  146,  536. 

Franchises  subject  to  taxation:   See  sec.  3617,  subd.  1. 

Railroad   property,   assessment  of:   See   Const.   Cal.,   art. 
XIII,  sec.  10. 

Act  as  to  the  manner  of  assessing  railroads:   See  post, 
sees,  3664.  3665. 

Pol.  Code— 52 


§  3629  ASSESSMENT    OF    PROPERTY.  81S 

Place  of  assessment:  See  post,  sees.  3641-3646.  Pro- 
vision for,  follows  Const.  Cal.,  art.  XIII,  sec.  10. 

Assessment  of  lands:  Provision  follows  Const.  Cal.,  art. 
XIII,   sec.   3. 

Corporation  and  firm  names:   See  post,  sec.  3641. 

§  3629.  Contents  of  statement  required  by  assessor. 
He  must  exact  from  each  person  a  statement,  under  oath, 
setting  forth  specifically  all  the  real  and  personal  property 
owned  by  such  person,  or  in  his  possession,  or  under  his 
control,  at  twelve  o'clock  M.  on  the  first  Monday  in  March. 
Such  statement  shall  be  in  writing,  showing  separately: 

1.  All  property  belonging  to,  claimed  by,  or  in  the  pos- 
session or  under  the  control  or  management  of  such  person. 

2.  All  property  belonging  to,  claimed  by,  or  in  the  pos- 
session or  under  the  control  or  management  of  any  firm 
of  which  such  member  is  a  member. 

3.  All  property  belonging  to,  claimed  by,  or  in  the  pos- 
session or  under  the  control  or  management  of  any  cor- 
poration of  which  such  person  is  president,  secretary, 
cashier,  or  managing  agent. 

4.  The  county  in  which  such  property  is  situated,  or  in 
which  it  is  liable  to  taxation,  and  (if  liable  to  taxation 
in  the  'bounty  in  which  the  statement  is  made)  also  the 
city,  town,  township,  school  district,  road  district,  or  other 
revenue  districts  in  which  it  is  situated. 

5.  An  exact  description  of  all  lands  in  parcels  or  sub- 
divisions not  exceeding  six  hundred  and  forty  acres  each, 
and  the  sections  and  fractional  sections  of  all  tracts  of 
land  containing  more  than  six  hundred  and  forty  acres, 
which  have  been  sectionized  by  the  United  States  govern- 
ment, improvements  and  personal  property,  including  all 
vessels,  steamers,  and  other  watercraft;  and  all  taxable 
state,  county,  city,  or  other  municipal  or  public  bonds, 
and  the  taxable  bonds  of  any  person,  firm,  or  corporation, 
and  deposits  of  money,  gold  dust,  or  other  valuables,  and 
the  names  of  the  persons  with  whom  such  deposits  are 
made,  and  the  places  in  which  they  may  be  found;  all 
mortgages,  deeds  of  trust,  contracts,  and  other  obligations 
by  which  a  debt  is  secured  and  the  property  in  the  county 
affected  thereby. 

C.  All  solvent  credits,  unsecured  by  deed  of  trust,  mort- 
gage, or  other  lien  on  real  or  personal  property,  due  or 
owing  to  such  person,  or  any  firm  of  which  he  is  a  member. 


819  ASSESSMENT   OF  PROPERTY.  S  3630 

or  due  or  owing  to  any  corporation  of  which  he  is  presi- 
dent, secretary,  cashier,  or  managing  agent,  deducting 
from  the  sum  total  of  such  credits  such  debts  only,  un- 
secured by  trust  deed,  mortgage,  or  other  lien  on  real  or 
personal  property,  as  may  be  owing  by  such  person,  firm, 
or  corporation,  to  bona  lide  residents  of  this  state.  No 
debt  shall  be  so  deducted  unless  the  statement  shows  the 
amount  of  such  debt  as  stated  under  oath  in  aggregate; 
provided,  in  case  of  banks  the  statement  is  not  required 
to  show  the  debt  in  detail,  or  to  whom  it  is  owing;  but 
the  assessor  shall  have  the  privilege  of  examining  the 
books  of  such  banks  to  verify  such  statement.  Whenever 
one  member  of  a  firm,  or  one  of  the  proper  officers  of  a 
corporation,  has  made  a  statement  showing  the  property 
of  the  firm,  or  corporation,  another  member  of  the  firm, 
or  another  officer,  need  not  include  such  property  in  the 
statement  made  by  him;  but  his  statement  must  show 
the  name  of  the  person  or  officer  who  made  the  statement 
in  which  such  property  is  included.  En.  March  12,  1872. 
Am'd.  1880,  7;   1881,  58. 

Cal.  Rep.  Cit.  46.  505;  58,  138;  61,  103;  62,  117;  63,  527 
64,  483;  65,  107;  67,  626;  68,  15;  71,  207;  73,  51 
80,  88:  83,  570;  85,  200;  85,  201;  97,  221;  112,  596 
112,  597;  115,  78;  131,  39;  132,  76.  Subd.  6—97,  220 
116,  29;   121,  384. 

Sworn  statement  required  by  section,  pursuant  to  Const. 
Cal.,  art.  XIII,  sec.  8. 

Refusing  to  give  statement:   See  post,  sec.  3633. 

Subd.  4.  Revenue  district  wherein  property  situated  is 
place  of  assessment:  See  ante,  sec.  3628. 

Subd.  5.     i^ands,  assessment  of:   Ante,  sec.  3627. 

Vessels,  steamers,  and  other  watercraft,  where  taxed: 
See  post,  sees.   3644-3646. 

Mortgages  and  like  obligations,  how  assessed:  See  ante, 
sec.    3627. 

Subd.  6.  Solvent  credits,  definition  of  terms  "credits" 
and  "debts":  Ante,  sec.  3617,  subd.  6.  Deduction  of  debts 
due  bona  fide  residents:   See  ante,  sec.  3628. 

§  3630.     Blank  forms  of  statement,  and  affidavit  therefor. 

The  board  of  supervisors  must  furnish  the  assessor  with 
blank  forms,  as  prescribed  by  the  state  board  of  equaliza- 
tion, of  the  statements  provided  for  in  the  preceding  sec- 


§§  3631,  3G32  ASSESSMENT    OF    PROPERTY.  fM 

tions  affixing  thereto  an  affidavit,  which  must  be  substan- 
tirJly  as  follows:  , 

"I, ,  do  swear  that  I  am  a  resident  of  the 

county  of  (naming  it) ;  that  the  above  list  contains  a  full 
and  correct  statement  of  all  property  subject  to  taxation 
which  I,  or  any  firm  of  which  I  am  a  member,  or  any 
corporation,  association,  or  company  of  which  I  am  presi- 
dent, cashier,  secretary,  or  managing  agent,  owned, 
clairced,  possessed,  or  controlled,  at  twelve  o'clock  M., 
on  the  first  Monday  i^  March  last,  and  which  is  not  already 
assessed  this  year;  and  that  I  have  not,  in  any  manner 
whatsoever,  transferred  or  disposed  of  any  property,  or 
placed  any  property  out  of  said  county  or  my  possession 
for  the  purpose  of  avoiding  any  assessment  upon  the  same, 
or  of  making  this  statement;  and  that  the  debts  therein 
stated  as  owing  by  me  are  owing  to  bona  fide  residents 
of  this  state,  c-  to  firms  or  corporations  doing  business 
in  this  state." 

The  affidavit  to  the  statement  on  behalf  of  a  firm  or 
corporation  must  state  the  principal  place  of  business  of 
th  J  firm  or  corporation,  and  in  other  respects  must  con- 
form substantially  to  the  preceding  form.  En.  March  12, 
1872.     Am'd.  1873-4,  143;   1880,  9;   1895,  308. 

Cal.  Rep.  Cit.     C8,  15;  85,  200. 

§  3631.  Statement  to  be  filled  out  and  returned  to  as- 
sessor. The  assessor  may  fill  out  the  statement  at  the 
time  he  presents  it,  or  he  may  deliver  it  to  the  person 
and  require  him,  within  an  appointed  time,  to  return  the 
same  to  him,  properly  filled  out.     En.  March  12,  1872. 

§  3632.  Power  of  assessor  to  require  affidavit  and  testi- 
mony.    Every  assessor  shall  have  power: 

1.  To  I'eqv.ire  any  person  found  within  such  assessor's 
respective  county  to  make  and  subscribe  an  affidavit, 
giving  his  name,  place  of  residence  or  place  of  business 
and  whether  he  is  t'^e  owner  of  any  taxable  property; 

2.  To  subpoena  ana  examine  any  person  in  relation  to 
auy  statement  furnished  him,  or  which  discloses  property 
which  is  assessable  i  his  respective  county  that  may  be 
stored  with,  in  possession  of,  or  controlled  by  such  person. 
And  he  may  exercise  this  power  in  any  county  where  the 
persons  whom  he  desires  to  examine  may  be  found,  but 
snail  have  no  power  to  require  such  persons  to  appear 
before  him  in   any  other  county  than  that  in  which  the 


821  ASSESSMENT    OP    PROPERTY.  8  36S3 

subpoena  is  served  upon  them.  Every  person  who  shall 
refuse  to  furnish  the  statement  hereinbefore  required  in 
this  chapter,  or  to  make  and  subscribe  such  affidavit 
respecting-  his  name  and  place  of  residence,  or  to  appear 
ana  testify  when  requested  to  do  so  by  the  assessor,  as 
above  provided,  shall,  for  each  and  every  refusal,  and  as 
often  as  the  same  is  repeated,  forfeit  to  the  people  of 
the  state  the  sum  of  one  hundred  dollars,  in  gold  coin  of 
the  United  States,  to  be  recovered  by  action  brought  in 
their  name  by  the  re.^pective  assessor  in  any  police  or 
justice's  court.  lu  case  such  affidavit  shall  show  the 
residence  of  the  person  making  the  same  to  be  in  any 
county  other  than  that  in  which  it  is  taken,  or  the  state- 
ment shall  disclose  property  in  any  county  other  than  that 
in  which  it  is  made,  the  assessor  sLall,  in  the  respective 
case,  file  the  affidavit  or  statement  in  his  office,  and  trans- 
mit a  copy  of  the  same,  certified  by  him,  to  the  assessor 
of  the  county  in  which  such  residence  or  property  is 
therein  shown  to  be.  One  half  of  all  moneys  recovered 
by  any  assessor  under  the  provisions  of  this  section  must 
by  him  be  paid  into  the  treasury  of  his-  county,  and  the 
other  half  may  be  retained  by  the  assessor  for  Ms  own 
use.     En.  March  12,  1872.     Am'd.  1873-4,  144;   1901,  647. 

Cal.  Rep.  Cit.     85    200;  85,  201;  123,  56,  137,  513. 

§  3633.  Property  of  person  neglecting  or  refusing  to 
give  statement,  how  assessed.  If  any  person,  after  demand 
made  by  the  assessor,  neglects  or  refuses  to  give,  under 
oath,  the  statement  herein  provided  for,  or  to  comply  with 
the  other  requirements  of  this  title,  the  assessor  must 
note  the  refusal  on  the  assessment  book,  opposite  the 
name  of  such  person,  and  must  make  an  estimate  of  the 
value  of  such  property  of  such  person,  and  the  assessor 
must  transmit  on  or  before  the  first  day  of  July  of  each 
year  to  the  board  of  supervisors  a  verified  report  in 
writing,  separate  from  the  assessment  roll,  containing  a 
complete  list  of  all  persons  who  refuse  or  neglect  to 
furnish  a  statement  of  their  property  as  herein  pro- 
vided for,  or  to  comply  with  the  requirements  of  this  title, 
the  amount  of  the  assessment  upon  the  property  of  such 
persons,  with  a  statement  of  the  particular  facts,  if  any, 
upon  which  the  assessment  has  been  made,  and  the  valua- 
tion of  the  propei'ty  so  assessed  ascertained.  The  board 
of  supervisors  must  investigate  and  inquire  into  all  as- 
sessments and  values   so  fixed  by  the  assessor,  as   pre- 


§  3634  ASSESSMENT   OF   PROPERTY.  »22 

scribed  by  this  section,  and  for  that  purpose  must  require 
each  taxpayer  affected  by  such  assessment  and  valuation 
to  make  a  statement  under  oath,  within  ten  days  from 
making  an  order  requiring  such  statement,  setting  forth 
specifically,  all  the  property  owned  or  controlled,  or  in 
the  possession  of  such  taxpayer  on  the  first  Monday  of 
March.  If  any  taxpayer,  after  demand  made  by  the  board 
of  supervisors,  shall  neglect  or  refuse  to  make  and  deliver 
to  the  said  board  of  supervisors  the  statement,  duly 
verified,  herein  provided  for,  or  to  comply  with  the  other 
requirements  of  this  title,  the  said  board  of  supervisors, 
sitting  as  a  county  board  of  equalization,  must  increase 
such  assessment  and  valuation  to  such  an  amount  as  the 
said  board  shall  deem  just;  but  the  value  fixed  by  the 
assessor  must  not,  in  any  case,  be  reduced  by  the  board 
of  supervisors.     En.  March   12,  1872.     Am'd.  1897,  64. 

Cal.  Rep.  Cit.     61,  103;  65,  107;  67,  626;  71,  207;  75,  174; 
83,  570;  123,  56;  131,  359. 

§  3634.  Sufficient  description  and  survey  of  property, 
how  obtained  by  assessor  by  aid  of  court.  When  the 
assessor  has  not  received  from  the  owner  of  a  tract  of 
land  the  statement  required  by  section  three  thousand  six 
hundred  and  twenty-nine,  or  when  such  statement  does  not 
sufficiently  describe  a  tract  of  land  to  enable  the  assessor 
to  assess  the  same  as  required  by  law,  and  the  owner  or 
his  agent,  or  in  case  they  cannot  be  found  or  are  unknown, 
the  person  in  possession  thereof,  neglects  for  ten  days 
after  demand  by  the  assessor  to  furnish  said  assessor 
with  such  description,  the  assessor  shall  cite  such  owner, 
or  agent,  or  person  in  possession,  to  appear  before  the 
superior  court  of  the  county  wherein  such  land  is  situated, 
within  five  days  after  service  of  such  citation,  and  the 
said  superior  court  shall,  upon  the  day  named  in  such 
citation,  to  the  exclusion  of  all  other  business,  proceed  to 
hear  the  return  and  answer  of  the  said  owner,  or  agent, 
or  person  in  possession,  to  the  said  citation;  and  if  the 
court  shall  find  that  the  land  has  not  been  surveyed  or 
divided  into  subdivisions  of  six  hundred  and  forty  acres, 
or  less,  so  that  each  part  or  parcel  may  be  described  by 
metes  and  bounds,  then  the  court  shall,  by  order  duly 
entered  in  open  court,  direct  the  county  surveyor  to  make 
a  survey,  and  define  the  boundaries  and  location  of  said 
land  by  parcels  or  subdivisions  not  exceeding  six  hundred 
and  forty  acres  each,  and  deliver  the  same  to  the  county 
assessor.    The  expense  of  making  such  survey  and  descrip- 


823  ASSESSMENT  OF  PROPERTY.  §§  3635-3638 

tion  by  the  county  surveyor  shall  be  a  lien  upon  the  land, 
and  shall  when  approved  by  the  said  superior  court,  be 
certified  by  said  court  to  the  tax  collector  of  the  county 
where  the  land  is  situated,  and  be  added  to  the  taxes  upon 
said  land,  and  be  collected  as  other  taxes  are  collected. 
En.  March  12,  1872.     Am'd.  1880,  9. 

Cal.  Rep.  Cit.     73,  51;  85,  200;  137,  513;  144,  154. 
Description  of  lands  in  parcels  or  subdivisions,  required 
in  statement  by:  Ante,  sec.  3629,  subd.  5. 

§,  3635.  Assessment  of  unknown  or  absent  owners  of 
property.  If  the  owner  or  claimant  of  any  property,  not 
listed  by  another  person,  is  absent  or  unknown,  the  as- 
sessor must  make  an  estimate  of  the  value  of  such  prop- 
erty.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     53,  666. 

Absent  owner,  known  or  unknown,  how  assessed:  Post, 
sec.  3636. 

§  3636.  Same.  If  the  name  of  the  absent  owner  is 
known  to  the  assessor,  or  if  it  appears  of  record  in  the 
office  of  the  county  recorder  where  the  property  is  situated, 
the  property  must  be  assessed  to  such  name.  If  unknown 
to  the  assessor,  and  if  it  does  not  appear  of  record  as 
aforesaid,  the  property  must  be  assessed  to  unknown  own- 
ers.    En.  March  12,  1872.     Am'd.  1891,  107. 

Cal.   Rep.  Cit.     53,  666;    55,  367;    59,  51;    64,  605;    66,  21; 

80,  395;  131,  83. 
Asessment  book:   See  post,  sec.  3650. 

§  3637.  Property  situated  in  another  county.  The  as- 
sessor, as  soon  as  he  receives  a  statement  of  any  taxable 
property  situated  in  another  county,  must  make  a  copy 
of  such  statement  for  each  county  in  which  the  same  is 
situated,  and  transmit  the  same,  by  mail  or  express,  to 
the  assessor  of  the  proper  county,  who  must  assess  the 
same  as  other  taxable  property  therein.  En.  March  12, 
1872. 

Migratory  live  stock:  See  Genueral  Laws,  title  Taxation. 

Assessment  of  animals:  See  General  Laws,  title  Taxation. 

§  3638.  Consigned  property.  All  personal  property  con- 
signed for  sale  to  any  person  within  this  state,  from  any 
place  out  of  this  state,  or  from  other  county  or  counties 

27 


§§  3639-3643  ASSESSMENT    OF    PROPERTY.  824 

in  this  state,  must  be  assessed  in  the  county  where  the 
property  is  situated,  as  other  property.  En.  March  12,  1872. 
Am'-d.  1901,  648. 

§  3639.  Trustees,  guardians,  executors,  and  adminis- 
trators. When  a  person  is  assessed  as  agent,  trustee, 
bailee,  guardian,  executor,  or  administrator,  his  representa- 
tive designation  must  be  axided  to  his  name  and  the  assess- 
ment entered  on  a  separate  line  from  his  individual  assess- 
ment.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     62,  116;  93,  471. 

§  3640.  Enrollment  of  persons  subject  to  poll  tax.  (Re- 
pealed.) En.  March  12,  1872.  Am'd.  1880,  10.  Rep.  1881, 
59.     En.  Stats.  1895,  308.     Rep.  1901,  648. 

Cal.  Rep.  Cit.     58,  137;  58,  138;   58,  140;   62,  117;  63,  471; 
63,  527;   64,  507;   116,  26;   123,  155;   142,  284,   142,  285. 

§  3641.  Property  of  firm  or  corporation  assessed  where 
situated.  The  property  of  every  firm  and  corporation  must 
be  assessed  in  the  county  where  the  property  is  situate, 
and  must  be  assessed  in  the  name  of  the  firm  or  corpora- 
tion.    En.   March  12.  1872. 

Cal.  Rep.  Cit.     64,  507. 

County  where  property  situated,  assessment  in:  See  ante, 
sec.  3628. 

§  3642.     Undistributed     property    of    deceased     persons. 

The  undistributed  or  unpartitioned  property  of  deceased 
persons  may  be  assessed  to  the  heirs,  guardians,  execu- 
tors, or  administrators;  and  a  payment  of  taxes  made  by 
either  binds  all  the  parties  in  interest  for  their  equal  pro- 
portions.   En.  March  12,  1872. 

Cal.  Rep.  Cit.     93,  471;  93,  475. 

No  distribution  of  estate  until  all  taxes  paid:  Post,  sec. 
3752. 

§  3643.     Ferries    and    toll-bridges,    where    assessed.       A 

ferryboat  is  a  vessel  traversing  across  any  of  the  waters 
of  the  state,  between  two  constant  points,  regularly  em- 
ployed for  the  transfer  of  passengers  and  freight,  author- 
ized by  law  so  to  do,  and  also  any  boat  employed  as  a 
part  of  the  system  of  a  railroad  for  the  transfer  of  pas- 


825  ASSESSMENT    OF    PROPERTY.  5§  3644-3648 

sengers  and  freight,  plying  at  regular  and  stated  periods 
between  two  points.  Where  ferries  connect  more  than  one 
county,  the  wharves,  storehouses,  and  all  stationary  prop- 
erty belonging  to  or  connected  with  such  ferries,  must  be 
assessed,  and  the  taxes  paid,  in  the  county  where  located. 
The  value  of  the  franchise,  and  watercraft,  and  of  all  toll- 
bridges  connecting  more  than  one  county,  must  be  as- 
sessed in  equal  proportions  in  the  counties  connected  by 
such  ferries  or  toll-bridges.  En.  March  12,  1872.  Am'd. 
1880,  10;  1885,  93. 

§  3644.  Vessels,  where  assessed.  All  vessels,  except 
ferryboats,  which  may  be  registered,  of  every  class  which 
are  by  law  required  to  be  registered,  must  be  assessed,  and 
the  taxes  thereon  paid,  only  in  the  county,  or  city  and 
county,  where  the  same  are  registered,  enrolled,  or  licensed. 
En.  March  12,  1872.     Am'd.  1885,  93. 

Cal.  Rep.  Cit.     63,  487. 

§  3645.  Same.  Vessels  registered,  licensed,  or  enrolled 
out  of  and  plying  in  whole  or  in  part  in  the  waters  of  this 
state,  the  owners  of  which  reside  in  this  state,  must  be 
assessed  in  this  state.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     63,  487;   63,  489. 

§  3646.  Boats  and  small  craft.  All  boats  and  small 
craft  not  required  to  be  registered,  must  be  assessed  in  the 
county  where  their  owner  resides.    En.  March  12,  1872. 

§  3647.  Property  and  money  in  litigation.  Money  and 
property  in  litigation  in  possession  of  a  county  treasurer, 
of  a  court,  county  clerk,  or  receiver,  must  be  assessed  to 
such  treasurer,  clerk,  or  receiver,  and  the  taxes  be  paid 
thereon  under  the  direction  of  the  court.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     87,  502;  137,  702. 

§  3648.     Property    concealed,    misrepresented,    etc.     Any 

property  willfully  concealed,  removed,  transferred,  or  mis- 
represented by  the  owner  or  agent  thereof,  to  evade  tax- 
ation, upon  discovery,  must  be  assessed  at  not  exceeding 
ten  times  its  value,  and  the  assessment  so  made  must  not 
be  reduced  by  the  board  of  supervisors.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     59,  96;  112,  594;   112,  595;   137,  468. 


§§  3649,  3650  ASSESSMENT   OF   PROPERTY.  tfiW 

§  3649.     Property     not     taxed     in     previous     year.     Any 

property  discovered  by  the  assessor  to  have  escaped  assess- 
ment for  the  last  preceding  year,  if  such  property  is  in  the 
ownership  or  under  the  control  of  the  same  person  who 
owned  or  controlled  it  for  such  preceding  year,  may  be 
assessed  at  double  its  value.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     87.  500;   112,  594;   112,  595;    112,  596. 

§  3650.  Property,  liow  listed.  The  assessor  must  pre- 
pare an  assessment  book,  with  appropriate  headings  as 
directed  by  the  state  board  of  equalization,  in  which  must 
be  listed  all  property  within  the  county,  under  the  appro- 
priate head. 

1.  The  name  and  post-office  address,  if  known,  of  the 
person  to  whom  the  property  is  assessed. 

2.  Land,  by  township,  range,  section,  or  fractional  sec- 
tion; and  when  such  land  is  not  a  congressional  -division  or 
subdivision,  by  metes  and  bounds,  or  other  description  suf- 
ficient to  identify  it,  giving  an  estimate  of  the  number  of 
acres,  not  exceeding  in  each  and  every  tract  six  hundred 
and  forty  acres,  locality,  and  the  improvements  thereon. 
When  any  tract  of  land  is  situated  in  two  or  more  school, 
road,  or  other  revenue  districts  of  the  county,  the  part  in 
each  township  or  district  must  be  separately  assessed.  The 
improvements  to  be  assessed  against  the  particular  section, 
tract,  or  lot  of  land  upon  which  they  are  located. 

3.  City  and  town  lots,  naming  the  city  or  tov/n,  and  the 
number  of  the  lot  and  block,  according  to  the  system  of 
numbering  in  such  city  or  town,  and  the  improvements 
thereon. 

4.  All  personal  property,  showing  the  number,  kind, 
amount,  and  quality;  but  a  failure  to  enumerate  in  detail 
such  personal  property  does  not  invalidate  the  assessment. 

5.  The  cash  value  of  real  estate,  other  than  city  or  town 
lots. 

6.  The  cash  value  of  improvements  on  such  real  estate. 

7.  The  cash  value  of  city  and  town  lots. 

8.  The  cash  value  of  improvements  on  city  and  town 
lots. 

9.  The  cash  value  of  improvements  on  real  estate  as- 
sessed to  persons  other  than  the  owners  of  the  real  estate. 

10.  The  cash  value  of  all  personal  property,  exclusive  of 
money. 

11.  The  amount  of  money. 


827  ASSESSMENT   OF  PROPERTY.  9  "W5U 

12.  The  assessment  of  the  franchise,  roadway,  roadbeds, 
rails,  and  rolling  stock  of  any  railroad,  as  apportioned  to 
his  county  by  the  state  board  of  equalization,  and  also  such 
other  apportionments  of  such  franchises,  roadways,  road- 
beds, rails,  and  rolling  stock  as  may  be  made  by  such 
board,  and  furnished  to  him  for  the  purpose  of  taxation  in 
any  district  in  his  county.  Taxable  improvements  owned 
by  any  person,  firm,  association,  or  corporation,  located 
upon  land  exempt  from  taxation,  shall,  as  to  the  manner 
of  assessment,  'be  assessed  as  other  real  estate  upon  the 
assessment  book.  No  value  shall,  however,  be  assessed 
against  the  exempt  land,  nor  under  any  circumstances 
shall  the  land  be  charged  with  or  become  responsible  for 
the  assessment  made  against  any  taxable  improvements 
located  thereon. 

13.  The  school,  road,  and  other  revenue  districts  in 
which  each  piece  of  property  assessed  is  situated. 

14.  The  total  value  of  all  property. 

15.  When  any  property,  except  that  owned  by  a  railroad 
or  other  quasi-public  corporation,  is  subject  to  or  affected 
by  a  mortgage,  deed  of  trust,  contract,  or  other  obligation 
by  which  a  debt  is  secured,  he  must  enter,  in  the  proper 
column,  the  value  of  such  security,  and  deduct  the  same. 
In  entering  assessments  containing  solvent  credits  subject 
to  deductions,  as  provided  in  section  three  thousand  six 
hundred  and  twenty-eight  of  this  code,  he  must  enter  in 
the  proper  column  the  value  of  the  debts  entitled  to  exemp- 
tion and  deduct  the  same.  In  making  the  deductions  from 
the  total  value  of  property  assessed,  as  above  directed,  he 
must  enter  the  remainder  in  the  column  provided  for  the 
total  value  of  all  property  for  taxation.  Each  franchise 
must  be  entered  in  the  assessment  book  without  combin- 
ing the  same  with  other  property  or  the  valuation  thereof. 

16.  The  figure  (1),  in  separate  columns,  opposite  the 
name  of  every  person  liable  to  pay  a  poll  tax. 

17.  Such  other  things  as  the  state  board  of  equalization 
may  require.  En.  March  12,  1672.  Am'd.  1875-6,  11;  1880, 
10;  1881,  59.  Rep.  1883,  72  (in  part  only).  Am'd.  1895, 
309;    1905,  134. 

Cal.  Rep.  Cit.  46,  670;  53,  666;  60,  33;  62,  116;  64,  505; 
64,  508;  64,  604;  66,  21;  66,  22;  68,  497;  73,  50;  80, 
89;  84,  301;  84,  303;  93,  468;  93,  470;  94,  322;  112, 
597;  123,  76;  137,  247;  139,  99;  146,  536;  146,  680;  146, 


§§  3651,  3652  ASSESSMENT   OP    PROPERTY.  Va 

681;    147,    561.     Subd.    2—137,    515.  Subd.    3—131,    83. 

Subd.  4—64,  509;   62,  116;   131,  360.  Subd.  10—62,  116. 

Subd.     12—123,     75.     Subd.     13—46,  505.     Subd.    15— 
46,  505. 

Name  of  person  assessed.  If  the  owner's  name  cannot 
be  ascertained,  the  assessment  must  be  to  "unknown 
owners":  Ante,  sec.  3636. 

Correcting  assessment  book:    See  post,  sec.   3881. 

§  3651.  Index  to  assessment  book.  The  assessor  must 
prepare  an  index  to  the  assessment  book,  which  must  show 
the  name  of  the  taxpayer,  each  page  whereon  his  assess- 
ment appears,  the  postoffice  address,  or  the  postoffice  ad- 
dress of  his  agent,  secretary,  or  managing  agent,  when 
known.  The  state  board  of  equalization  shall  prescribe 
the  form  of  such  index.  En.  March  12,  1872.  Am'd.  1873- 
4,  145;    1875-6,  12;   1880,  12;    1881,  60;   1895,  310. 

Cal.  Rep.  Cit.     64,  508;    73,  51;   96,  634;    124,  4. 

§  3652.  Affidavit  to  completed  assessment  book.  On  or 
befoi'e  the  first  Monday  in  July,  in  each  year,  the  assessor 
must  complete  his  assessment  book.  He  and  his  deputies 
must  take  and   subscribe  an  affidavit    in    the    assessment 

book,   to   be   substantially  as  follows:    "I  ,   assessor 

of  (or  deputy  assessor,  as  the  case  may  be),  County, 

do  swear  that  between  the  first  Monday  in  March  and  the 

first  Monday  in  July,  eighteen  hundred  and  ,  I  have 

made  diligent  inquiry  and  examination  to  ascertain  all  the 
property  within  the  county  (or  within  the  subdivision 
thereof  assessed  by  me,  as  the  case  may  be),  subject  to 
assessment  by  me,  and  that  the  same  has  been  assessed 
on  the  assessment  book,  equally  and  uniformly,  according 
to  the  best  of  my  judgment,  information,  and  belief,  at 
its  full  cash  value;  and  that  I  have  faithfully  complied 
with  all  the  duties  imposed  on  the  assessor  under  the 
revenue  laws;  and  that  I  have  not  imposed 'any  unjust  or 
double  'ssessment  through  malice  or  ill-will  or  otherwise; 
nor  allowed  any  one  to  escape  a  just  and  equal  assessment 
through  favor,  or  reward,  or  otherwise."  But  the  failure 
to  take  or  subscribe  such  an  affidavit,  or  any  affidavit, 
will  not  in  any  manner  a  .ect  the  validity  of  the  assess- 
ment.    En.  March  12,  1872.     Am'd.  1880,  13;    1881,  61. 

Cal.  Rep.  Cit.  62,  116;  64,  508;  93,  473;  123,  56;  123.  58; 
129,  299;   137,  523;   139,  100. 

Failure  to  comply  with  this  section:  Pen.  Code,  sec.  176. 


S29  ASSESSMENT    OF    PROPERXi'.  S§  3653,  36.i4 

§  3653.  Copy  of  assessment  book  to  be  furnished  cities 
and  towns.  1.  On  oi"  before  the  third  Monday  in  July  of 
each  year,  the  assessor  must  furnish  such  incorporated 
cities  and  towns  within  the  county  as  shall  make  written 
request  for  the  same,  on  or  before  the  first  Monday  in 
March  of  each  year,  a  complete  certified  copy  of  his  as- 
sessment book,  so  far  as  such  assessment  book  pertains  to 
property  within  the  limits  of  said  incorporated  cities  and 
towns. 

2.  The  assessor  may  charge  incorporated  cities  and  towns 
five  cents  per  folio  of  one  hundred  words  for  each  copy  of 
his  assessment  book,  furnished  such  incorporated  cities 
and  towns. 

3.  The  assessor  must,  on  the  first  Monday  of  each 
month,  furnish  all  such  incorporated  cities  and  towns 
within  the  county  as  shall  make  written  request  for  the 
same,  a  description  of  all  personal  property,  the  name 
and  address,  by  street  and  number,  of  the  owners,  and 
assessed  value  thereof,  whenever  the  tax  on  such  property 
is  collected  by  the  assessor. 

4.  The   assessor    may    charge    incorporated    cities    and  ■ 
towns  five  cents  per  folio  of  one  hundred  words  for  such 
description     of    personal    property.     En.    March    12,    1872. 
Am'd.  1891,  14;   1895,  311. 

Cal.  Rep.  Cit.     62,  116;   64,  508;   85,  647. 

§  3654.  Delivery  of  assessment  book,  etc.,  to  clerk  of 
supervisors.  Notice  of  meeting  to  equalize  assessments. 
As  soon  as  completed,  the  assessment  book,  together 
with  the  map  books,  statements,  and  military  roll,  must 
be  delivered  to  the  clerk  of  the  board  of  supervisors, 
who  must  immediately  give  notice  thereof,  and  of  the  time 
the  board  will  meet  to  equalize  assessments,  by  publica- 
tion in  a  newspaper,  if  any  is  printed  in  the  county;  if 
none,  then  in  such  manner  as  the  board  may  direct.  In 
the  mean  time  the  assessment  book,  map  book  and  state- 
ments must  remain  in  his  office  for  the  inspection  of  all 
persons  interested.  After  the  board  of  equalization  has 
completed  its  labors,  the  map  books  and  statements  shall 
be  returned  to  the  county  assessor's  office,  and  shall  be 
kept  in  said  office  for  future  reference.  En.  March  12, 
1872.     Am'd.  1895,  311. 

Cal.  Rep.  Cit.     53,  394;   62,  116;   64,  508. 


§§  3655-3658  ASSESSMENT    OF    PROPERTY.  83u 

§  3655.  Statement  by  assessor  to  state  board  of  equaliza- 
tion, to  show  what.  On  the  second  Mondaj'  in  July  of  each 
year,  the  assessor  of  each  county  must  transmit  to  the 
state  board  of  equalization,  in  such  form  as  said  board 
shall  require,  a  statement  showing: 

1.  The  several  kinds  of  personal  property. 

2.  The  average  and  total  value  of  each  kind. 

3.  The  number  of  livestock,  number  of  bushels  of  grain, 
number  of  gallons  of  wines  or  liquors,  number  of  pounds 
or  tons  of  any  article  sold  by  the  pound  or  ton. 

4.  When  practicable,  the  separate  value  of  each  class 
of  land,  specifying  the  classes  and  the  number  of  acres  of 
each. 

5.  A  true  statement  of  the  agricultural  and  industrial 
pursuits  and  products  of  the  county,  with  such  other 
statistical  information  as  said  board  shall  require.  En. 
March  12,  1872.     Am'd.  1895,  311. 

Cal.  Rep.  Cit.     46,  505;  68,  497;   129,  299. 

§  3656.  Penalty  for  failure  of  assessor  to  complete  as- 
sessment book  and  transmit  statement.  Every  assessor 
who  fails  to  complete  his  assessment  book,  or  who  fails 
to  transmit  the  statement  mentioned  in  the  preceding 
section  to  the  state  board  of  equalization,  forfeits  the 
sum  of  one  thousand  dollars,  to  be  recovered  on  his  oflBcial 
bond,  for  the  use  of  the  county,  in  an  action  brought  in  the 
name  of  the  people  by  the  attorney-general  when  directed 
to  do  so  by  the  state  board  of  equalization.  En.  March  12, 
1872.     Am'd.  1895,  311. 

Cal.  Rep.  Cit.     76,  279;  129,  299. 

§  3657.  Persons  claiming  ownership  of  property  and  de- 
siring to  be  assessed.  Lands  once  described  on  the  assess- 
ment book  need  not  be  described  a  second  time,  but  any 
person  claiming  the  same,  and  desiring  to  be  assessed 
therefor,  may  have  his  name  inserted  with  that  of  the 
person  to  whom  such  land  is  assessed.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     99,  675. 

§  3658.     Supervisors    to     furnish     assessor     with  maps, 

books,   etc.     The   board    of    supervisors    of    each  county 

must   provide   and    furnish   the   assessor   with    the  proper 

books,    blanks,   maps,   and  plat   books  for   the   use  of  his 


831  ASSESSMENT    OF   PROPERTY.  fi  3658a 

office.  Such  maps  and  plat  books  shall  show  the  private 
lands  owned  or  claimed  in  the  county  and  if  surveyed 
under  the  authority  of  the  United  States,  the  divisions 
and  subdivisions  thereof,  with  their  acreage,  according  to 
such  survey;  if  held  under  Spanish  grant,  the  exterior 
boundaries  of  such  grants,  the  divisions  and  subdivisions 
and  number  of  acres  claimed.  The  proper  maps  and 
plat  books  of  cities,  towns,  villages,  school  districts,  and 
road  districts  must  in  like  manner  be  provided  and  fur- 
nished. The  state  board  of  equalization  shall  prescribe 
the  forms  for  such  books,  blanks,  maps,  and  plat  books, 
and  may  require  such  map  and  plat  books  to  be  indexed 
to  show  owners'  names,  give  correct  description  for 
assessment,  show  improvements  and  assessed  value.  The 
board  of  supervisors  of  each  county  shall  in  like  manner 
furnish  the  assessor  the  necessary  office  room,  furniture, 
and  stationery.  If  the  board  of  supervisors  of  any  county 
fails  or  refuses  to  provide  and  furnish  the  assessor  with 
the  proper  books,  blanks,  maps,  and  plat  books,  and  the 
necessary  office  room,  furniture  and  stationery,  as  in  this 
section  provided,  then  the  state  board  of  equalization 
must,  upon  the  application  of  the  assessor,  provide  and 
furnish  the  same.  The  cost  of  such  books,  blanks,  maps, 
plat  books,  office  room,  furniture,  and  stationery  shall 
be  a  county  charge,  whether  the  same  be  provided  and 
furnished  by  the  board  of  supervisors  or  by  the  state 
board  of  equalization,  and  must  be  paid  in  the  same  man- 
ner as  other  county  charges  from  the  county  general  fund. 
En.  March  12,  1872.  Am'd.  1895,  312;  1901,  51. 
Cal.  Rep.  -Cit.  73,  61. 

§  3658a.     Official     maps;     assessment    by     reference    to. 

Whenever  any  city,  town,  or  subdivision  of  land  is  platted 
or  divided  into  lots  or  blocks,  and  whenever  any  addition 
to  any  city,  town,  or  such  subdivision  shall  be  or  nas 
been  laid  out  into  lots  or  blocks  for  the  purpose  of  sale 
or  transfer,  it  shall  be  lawful  for  the  city  engineer,  or 
the  county  or  city  and  county  surveyor,  under  the  direc- 
tion and  with  the  approval  of  the  city  council  or  board 
of  supervisors  of  said  city,  county,  or  city  and  county, 
to  make  an  official  map  of  such  city,  town,  or  subdivision, 
giving  to  each  block  on  such  map  a  number,  and  to  each 
lot  or  subdivision  in  such  block  a  separate  number  or 
letter,  and  giving  names  to  such  streets,  avenues,  lanes, 
courts,  commons,  or  parks  as  may  be  delineated  on  such 
official    map.     WTienever    the    city    council    or    board    of 


§  36oSa  ASSESSMENT   OF   PROPERTY.  83:2 

supervisors  of  such  city,  county,  or  city  and  county,  shall 
adopt  such  map  as  the  official  map  of  the  subdivision, 
town,  city,  county,  or  city  and  county,  it  shall  be  lawful 
to,  and  the  assessor  shall,  describe  such  lots,  blocks,  or 
parcels  of  land  by  numbers  or  letters  as  delineated  on 
such  map  in  assessing  such  property,  and  it  shall  be  law- 
ful and  sufficient  to  describe  such  lots  or  blocks  in  any 
deeds,  conveyances,  contracts,  or  obligations  affecting 
any  such  lots  or  blocks  as  '^esi^nated  on  such  official 
map,  a  reference  to  such  map  sufficient  for  the  identifica- 
tion thereof  being  coupled  with  such  description.  Such 
engineer  or  surveyor,  under  the  direction  and  with  the 
approval  of  the  city  council  or  board  of  supervisors  of 
such  city,  county,  or  city  and  county,  may  compile  such 
map  from  maps  on  file,  or  may  resurvey  or  renumber  the 
blocks,  or  renumber  or  reletter  the  lots  in  such  blocks,  or 
change  the  names  of  streets.  All  surveys  and  the  field 
notes  thereof  made  by  any  such  engineer  or  surveyor, 
under  the  provisions  of  this  section,  or  in  surveying  offi- 
cially any  lots  or  parcels  of  land  in  any  city,  town,  county, 
or  city  and  county,  for  the  purposes  of  any  such  map,  shall 
be  filed  in  the  office  of  the  surveyor  or  engineer  as  the 
case  may  be,  and  shall  become  a  part  of  the  public  records 
of  such  city,  town,  county,  or  city  and  county.  Each  and 
every  map,  made  and  adopted  as  hereinabove  proviaed, 
-hall  be  certified  under  the  hands  of  a  majority  of  the 
members  and  the  presiding  officer  and  secretary  and  offi- 
cial seal,  if  any,  of  the  authority  adopting  the  same. 
Such  certificate  shall  set  forth  in  full  the  resolution 
adopting  such  map,  with  the  date  of  adoption ;  and  such 
map,  so  certified,  shall  be  forthwith  filed  in  the  office 
of  the  county  recorder  of  the  county,  or  city  and  county, 
wherein  the  platted  lands  are  situate,  and  the  said  re- 
corder shall  immediately  securely  fasten  and  bind,  in 
one  of  a  series  of  firmly  bound  books  to  be  provided, 
together  with  the  proper  indexes  thereof  and  appropri- 
ately marked  for  the  reception  of  the  maps  herein  pro- 
vided for,  each  such  map  so  filed  with  him;  and  the 
same  shall  become  an  official  map  for  all  the  purposes  of 
this  section  when  so  certified,  filed  and  bound,  but  not 
before.  This  section  is  hereby  made  applicable  to  all 
cities,  towns,  and  villages  in  this  state,  as  well  as  to 
the  counties,  and  cities  and  counties  thereof,  whether 
the  same  be  incorporated  or  not;  and  the  words  "city 
council  or  board  of  supervisors"  wherever  used  herein 
shall  be  deemed  to  include  the  proper  corresponding  gov- 
erning board  and  authority  in  each  such  place;   and  the 


833  ASSESSMENT    OF    PROPERTY.  §§  3659-3661 

words  "city  engineer"  and  "county  or  city  and  county 
surveyor"  shall  be  deemed  to  include  the  like  or  corre- 
sponding officer,  subject  to  the  direction  of  such  "corre- 
sponding governing  board  and  authority"  in  each  such 
place;  or,  if  there  be  no  such  officer  subject  to  such 
direction,  such  "corresponding  board  and  authority"  may 
employ  competent  engineers  and  surveyors  to  the  extent 
necessary  for  the  carrying  out  of  the  purposes  of  this 
act  in  the  places  subject  to  its  jurisdiction,  and  the  per- 
sons so  appointed  shall  have  the  same  authority  and 
shall  perform  the  same  duties  as  are  given  to  and  enjoined 
upon  "city  engineers"  and  "county  or  city  and  county 
surveyors,"  respectively,  in  like  cases.  The  services  of 
such  engineers  and  sui-veyors  so  employed  shall  be  con- 
tracted for,  examined,  passed  upon,  audited,  and  paid  as 
are  other  debts  contracted  by  such  governing  boards  and 
authorities.    En.  Stats.  1903,  408. 

§  3659.     Duty   of   surveyor-general    in    relation   to    lands 

sold  state.  On  or  before  the  first  Monday  in  March  in 
each  year,  the  surveyor-general  of  the  state  and  the  tide 
land  commissioners  must  make  out  and  transmit  to  the 
assessor  of  each  county  where  lands  or  lots  lie  that  may 
have  been  sold  by  the  state,  for  which  certificates  of  pur- 
chase, patents  or  deeds  have  issued,  during  the  year  pre- 
ceding, certified  lists  of  such  lands  or  lots,  giving  a 
description  thereof  by  congressional  divisions  and  subdi- 
visions, or  lots  and  blocks,  together  with  the  names  of 
the  purchasers  thereof,  and  the  amount  of  the  principal 
unpaid,  if  any,  on  the  first  Monday  in  March.  En.  March 
12,  1872.     Am'd.  1897,  427. 

Cal.  Rep.  Cit.     58,   146;    73,   51. 

Tide  land  commissioners,  board  of,  abolished  by  repeal 
of:  Ante,  sees.   365   and   698. 

§  3660.  When  assessor  liable  for  taxes  on  unassessed 
property.  The  assessor  and  his  sureties  are  liable  on 
his  oflSicial  bonds  for  all  taxes  on  property  within  the 
county,  which,  through  his  willful  failure  or  neglect  is 
unassessed.    En.  March  12,  1872. 

Official  bonds:  Ante,   sees.   947-987. 

§  3561.  District  attorney  to  prosecute  assessor  for  un- 
paid taxes,  when.  Any  taxpayer  who  shall  have  knowl- 
edge of  any  property  that  has  escaped  taxation  as  pro- 
vided in  the  preceding    section,  may  file  with  the  board 

Pol.  Code— 53 


§§  3662-3664  ASSESSMENT    OF    PROPERTY.  834 

of  supervisors  an  affidavit  setting  forth  the  fact  that  such 
property  has,  through  the  willful  failure  or  neglect  of 
the  assessor,  escaped  taxation,  together  with  a  description 
of  the  property  as  near  as  such  taxpayer  may  be  able 
to  give;  whereupon  said  board  shall  direct  the  district 
attorney  to  commence  an  action  on  the  assessor's  bond 
for  the  amount  of  taxes  lost  from  such  willful  failure 
or  neglect.     En.   March   12,   1872.    Am'd.   1895,   312. 

§  3662.  Judgment,  when  entered  against  assessor.  On 
the  trial  of  such  action,  the  value  of  the  property  un- 
assessed  being  shown,  judgment  for  the  amount  of  taxes 
that  should  have  been  collected  thereon  must  be  entered. 
The  amount  thus  recovered  shall  be  distributed  as  pro- 
vided in  section  three  thousand  eight  hundred  and  six- 
teen of  this  code.     En.  March  12,  1872.     Am'd.  1895,  312. 

§  3663.  Assessment  of  water  ditches,  toll  roads  and 
telegraph  lines.  Water  ditches  constructed  for  mining, 
manufacturing  or  irrigating  purposes,  and  wagon  and 
turnpike  toll  roads  must  be  assessed  the  same  as  real 
estate  by  the  assessor  of  the  county,  at  a  rate  per  mile 
for  that  portion  of  such  property  as  lies  within  his  county. 
All  telegraph  and  telephone  lines  shall  be  described  in 
the  same  manner  as  real  estate  is  described,  but  assessed 
as  personal  property  by  the  assessor  of  the  county,  at 
a  rate  per  mile  for  that  portion  of  such  property  as  lies 
within  his  county.  En.  March  12,  1872.  Am'd.  1873-4,  158; 
1880,  13;  1880,  59;   1895,  312. 

Cal.  Rep.  Cit.     79,  590;    84,  74;   137,  515. 

§  3664.  Agent  of  corporation,  statement  by  to  state 
board  of  equalization.  The  president,  secretary  or  man- 
aging agent,  or  such  other  officer  as  the  state  board  of 
equalization  may  designate  of  any  corporation,  and  each 
person,  or  association  of  persons,  owning  or  operating 
any  railroad  in  more  than  one  county  in  this  state,  shall, 
on  or  before  the  first  Monday  in  April  of  each  year  furnish 
the  said  board  a  statement,  signed  and  sworn  to  by  one 
of  such  officers,  or  by  the  person  or  one  of  the  persons 
forming  such  association,  showing  in  detail  for  the  year 
ending  on  the  first  Monday  in  March  in  each  year: 

1.  The  whole  number  of  miles  of  railway  in  the  state, 
and,  where  the  line  is  partly  out  of  the  state,  the  whole 
number  of  miles  without  the  state,  and  the  whole  number 


835  ASSESSMENT    OF    PROPERTY.  5  3664 

within  the  state,  owned  or  operated  by  such  corporation, 
person   or  association; 

2.  The  value  of  the  roadway,  roadbed  and  rails  of  the 
whole  railway,  and  the  value  of  the  same  within  the 
state ; 

3.  The   width  of  the  right   of  way; 

4.  The  number  of  each  kind  of  all  rolling  stock  used 
by  such  corporation,  person  or  association  in  operating 
the  entire   railway,  including  the  part  without  the  state; 

5.  Number,  kind  and  value  of  rolling  stock  owned 
and  operated  in  the  state; 

6.  Number,  kind,  and  value  of  rolling  stock  used  in 
the  state,  but  owned  by  the  party  making  the  returns; 

7.  Number,  kind  and  value  of  rolling  stock  owned,  but 
used  out  of  the  state,  either  upon  divisions  of  road  oper- 
ated by  the  party  making  the  returns,  or  by  and  upon  other 
railways. 

Also  showing  in  detail  for  the  year  preceding  the  first 
of  January: 

1.  The  gross  earnings  of  the  entire  road; 

2.  The  gross  earnings  of  the  road  in  the  state,  and 
where  the  railway  is  let  to  other  operators,  how  much 
was  derived  by  the  lessor  as  rental; 

3.  The  cost  of  operating  the  entire  road,  exclusive  of 
sinking  fund,  expenses  of  land  department,  and  money 
paid  to  the  United  States; 

4.  Net  income  for  such  year  and  amount  of  dividend 
declared; 

5.  Capital  stock  authorized; 

6.  Capital  stock  paid  in; 

7.  Funded  debt; 

8.'  Number  of  shares  authorized; 

9.  Number  of  shares  of  stock  issued; 

10.  Any  other  facts  the  state  board  of  equalization  may 
require; 

11.  A  description  of  any  part  or  portion  of  such  rail- 
road which  may  be  in  the  possession  and  control  of  any 
other  railroad  company  or  corporation,  and  operated  by 
such  other  corporation  under  a  lease  or  other  contract. 

12.  The  president,  secretary  or  managing  agent,  or 
such  other  officer  as  the  state  board  of  equalization  may 


§  3665  ASSESSMENT    OF    PROPERTY.  83ti 

designate  of  any  corporation  or  association  of  persons 
operating  in  this  state  any  portion  of  a  line  of  railroad 
owned  by  and  belonging  to  some  other  corporation  or 
association,  which  runs  in  more  than  one  county,  shall 
make  the  same  statement  as  is  herein  required  to  be 
made  by  the  foregoing  provisions  of  this  section  by  the 
owner  of  such  railroc  d. 

13.  A  description  o2  the  road,  giving  the  points  of  en- 
trance into  and  the  points  of  exit  from  each  county,  with 
a  statement  of  the  number  of  miles  in  each  county.  When 
a  description  of  the  road  shall  once  have  been  given, 
no  other  annual  description  thereafter  is  necessary,  un- 
less the  road  shall  have  been  changed.  Whenever  the 
road,  or  any  portion  of  the  road,  is  advertised  to  be 
sold,  or  is  sold  for  taxes,  either  state  or  county,  no  other 
description  is  necessary  than  that  given  by,  and  the  same 
is  conclusive  upon,  the  corporation,  person,  or  association 
g.ving  the  description.  No  assessment  is  invalid  on  ac- 
count of  a  misdescription  of  the  railway,  or  the  right  of 
way  for  the  same. 

If  such  statement  is  not  furnished  as  above  provided, 
the  assessment  made  by  the  state  board  of  equalization 
upon  the  property  of  the  corporation,  person  or  associa- 
tion failing  to  furnish  the  statement  is  conclusive  and 
final.     En.   Stats.   1880,   13.     Am'd.   1883,   65;    1897,   400. 

Cal.  Rep.  Cit.     60,  27;   60,  28;  60,  29;   60,  30;   60,  31;  60, 
32;    60,  34;    68,  552;    105,  591;    124,  502. 

§  3665.  Assessment  of  railway  franchises  and  properties. 
The  state  board  of  equalization  must  meet  at  the  state 
capitol  on  the  third  Tlonday  in  July,  and  continue  in  open 
session  from  day  to  day,  Sundays  excepted,  until  the 
first  Monday  in  August.  At  such  meeting  the  board  must 
assess  the  franchise,  roadway,  roadbed,  rails  and  rolling 
stock  of  all  railroads  operated  in  more  than  one  county, 
but  franchises  derived  from  the  United  States  shall  not 
be  assessed.  Assessments  must  be  made  to  the  corpora- 
tion, person  or  association  of  persons  owning  the  same. 
If  any  portion  of  any  raili'oad  less  than  the  whole  is  oper- 
ated by  some  corporation  or  association  of  individuals 
other  than  the  owner  of  such  railroad,  under  lease  or 
other  contract,  and  such  portion  so  operated  runs  in 
more  than  one  county,  the  value  of  such  part  or  portion 
of  such  railroad  shall  be  assessed  separate  and  apart 
from   the  balance  of  said  railroad,  and  the  board  shall 


837  ASSESSMENT    OF    PROPERTY.  §  3B65 

assess  the  roadway,  roadbed  and  rails  of  such  portion 
of  said  railroad,  together  with  the  rolling  stock  used 
thereon  by  the  corporation  or  association  of  individuals 
operating  the  same.  The  depots,  stations,  shops  and 
buildings  erected  upon  the  space  covered  by  the  right 
of  way,  and  all  other  property  owned  by  such  person, 
corporation  or  association  of  persons,  are  assessed  by 
the  assessor  of  the  county  wherein  they  are  situate. 
Within  twenty  days  after  the  first  Monday  of  August, 
the  board  must  apportion  the  total  assessment  of  the 
franchise,  roadway,  roadbed,  rails  and  rolling  stock  of 
each  railway  to  the  counties,  or  cities  and  counties,  in 
which  such  railway  is  located,  in  proportion  to  the  num- 
ber of  miles  of  railway  laid  in  such  counties,  and  cities  and 
counties.  The  board  must  also,  within  said  time,  trans- 
m.c  by  mail  to  the  county  auditor  of  each  county,  or  city 
and  county,  to  which  such  apportionment  shall  have  been 
made,  a  statement  showing  the  length  of  the  main  track 
of  such  railway  within  the  county,  or  city  and  county, 
with  a  description  of  the  said  track  within  the  county, 
or  city  and  county,  including  the  right  of  way,  by  metes 
and  bounds,  or  other  description  sufficient  for  identifica- 
tion, the  assessed  value  per  mile  of  the  same,  as  fixed 
by  a  pro  rata  distribution  per  mile  of  the  assessed  value 
of  the  whole  franchise,  roadway,  roadbed,  rails  and  roll- 
ing stock  of  such  railway  within  the  state,  and  the 
amount  apportioned  to  the  county,  or  city  and  county. 
The  auditor  must  enter  the  statement  on  the  assessment 
roll  or  book  of  the  county,  or  city  and  county,  and  where 
the  county  is  divided  into  assessorial  townships  or  dis- 
tricts, then  on  the  roll  or  book  of  any  township  or  dis- 
trict he  may  select,  and  enter  the  amount  of  the  assess- 
ment apportioned  to  the  county,  or  city  and  county,  in 
the  column  of  the  assessment  book  or  roll  as  aforesaid, 
which  shov.fs  the  total  value  of  all  property  for  taxation, 
either  of  the  county,  city  and  county,  or  such  township 
or  district.  On  the  third  Monday  in  September,  the 
board  of  supervisors  must  make  and  cause  to  be  entered 
in  the  proper  record  book  an  order  stating  and  declaring 
the  length  of  main  track  of  the  railway  assessed  by 
the  state  board  of  equalization  within  the  county,  the 
assessed  value  per  mile  of  such  railway,  the  number  of 
miles  of  track,  and  the  assessed  value  of  such  railway 
lying  in  each  city,  town,  township,  school  and  road  dis- 
trict, or  lesser  taxation  district  in  the  county,  or  city 
and  county,  through  which  such  railway  runs,  as  fixed  by 


§  3666  ASSESSMENT   OF  PROPERTY.  JI88 

the  state  board  of  equalization  which  shall  constitute 
the  assessment  value  of  said  property  for  taxable  pur- 
poses in  such  city,  town,  township,  school,  road  or  other 
district;  and  the  clerk  of  the  board  of  supervisors  must 
transmit  a  copy  of  each  order  or  equalization  to  the 
city  council,  or  trustees,  or  other  legislative  body  of 
incorporated  cities  or  towns,  the  trustees  of  each  school 
district  and  the  authorized  authorities  of  other  taxation 
districts  through  which  such  railway  runs.  All  such  rail- 
way property  shall  be  taxable  upon  said  assessment  at  the 
same  rates,  by  the  same  officers,  and  for  the  same  purposes, 
as  the  property  of  individuals  within  such  city,  town,  town- 
ship, school,  road  and  lesser  taxation  districts,  respectively. 
If  the  owner  of  a  railway  assessed  by  the  state  board  of 
equalization  is  dissatisfied  with  the  assessment  made  by 
the  board,  such  owner  may,  at  the  meeting  of  the  board, 
under  the  provisions  of  section  three  thousand  six  hun- 
dred and  ninety-two  of  the  Political  Code,  between  the 
first  Monday  in  August  and  the  first  Monday  in  Septem- 
ber, apply  to  the  board  to  have  the  same  corrected  in 
any  particular,  and  the  board  may  correct  and  increase 
or  lower  the  assessment  made  by  it  so  as  to  equalize 
the  same  with  the  assessment  of  other  property  in  the 
state.  If  the  board  shall  increase  or  lower  any  assess- 
ment previously  made  by  it,  it  must  make  a  statement  to 
the  county  auditor  of  the  county  affected  by  the  change 
in  the  assessment  of  the  change  made,  and  the  auditor 
must  note  such  change  upon  the  assessment  book  or  roll 
01  the  county,  as  directed  by  the  board.  En.  Stats.  1880, 
14.  Am'd.  1883,  66;  1889,  349;  1891,  438;  1897,  401;  1897, 
427. 

Cal.  Rep.  Cit,  60,  27;  60,  28;  60,  29;  60,  30;  60,  32; 
68,  552;  83,  403;  105,  591;  124,  502. 

On  the  same  day  another  section  3665  was  approved, 
p.  401.  This  differed  from  the  one  in  the  text  only  in  that 
the  supervisors  must  make  the  entry  on  the  fourth  instead 
of  the  third  Monday. 

§  3666.  Record  of  assessment  of  railways.  The  state 
board  of  equalization  must  prepare  each  year  a  book,  to 
be  called  "Record  of  Assessments  of  Railways,"  in  which  ■ 
must  be  entered  each  assessment  made  by  the  board,  either 
in  writing  or  by  both  writing  and  printing.  Each  assess- 
ment so  entered  must  be  signed  by  the  chairman  and  clerk. 
The  record  of  the  apportionment  of  the  assessments  made 


839  ASSESSMENT    OF   PROPERTY.  §  3667 

by  the  board  to  the  counties,  and  cities  and  counties,  must 
be  made  in  a  separate  book,  to  be  called  "Record  of  Ap- 
portionment of  Railway  Assessments."  In  such  last-de- 
scribed book  must  be  entered  the  names  of  the  railways 
assessed  by  the  board;  the  names  of  the  corporations  to 
which,  or  the  name  of  the  person  or  association  to  whom 
was  assessed  each  railway  in  the  state;  the  number  of  miles 
thereof  in  each  county,  or  city  and  county;  the  total  assess- 
ment of  the  franchise,  roadway,  roadbed,  rails  and  rolling 
stock,  for  purposes  of  state  taxation;  and  the  amount  of 
the  apportionment  of  such  total  assessment  to  each  county, 
and  city  and  county,  for  county,  or  city  and  county  taxa- 
tion. Before  the  third  Monday  in  September  of  each  year, 
the  clerk  of  the  state  board  of  equalization  must  prepare 
and  transmit  to  the  controller  of  state  duplicates  of  the 
"Record  of  Assessment  of  Railways"  and  "Record  of  Ap- 
portionment of  Railway  Assessments,"  each  certified  by  the 
chairman  and  clerk  of  the  board,  and  to  be  known,  respec- 
tively, as  "Duplicate  Record  of  Assessment  of  Railways" 
and  "Duplicate  Record  of  Apportionment  of  Railway  As- 
sessments." In  the  last-named  duplicate  all  necessary  ap- 
propriate columns  must  be  added,  in  which  the  controller 
must  enter  the  amount  of  taxes  in  installments  due  the 
state  upon  the  whole  assessment,  by  each  corporation,  per- 
son or  association,  and  the  amount  of  taxes,  in  install- 
ments, due  each  county,  or  city  and  county,  upon  the  as- 
sessment apportioned  to  each  county,  or  city  and  county, 
by  each  corporation,  person  or  association.  The  two  dupli- 
cates constitute  the  warrant  for  the  controller  to  collect 
the  state  and  county,  and  city  and  county  taxes  levied 
upon  such  property  assessed  by  the  board,  and  the  amount 
of  the  apportionment  of  the  assessment  to  each  county, 
and  city  and  county,  respectively.  En.  Stats.  1883,  68. 
Am'd.  1891,  440;  1895,  313. 
Cal.  Rep.  Cit.     60,  34;  124,  502. 

§  3667.  Notice  to  controller  of  county  rate  of  taxation. 
When  the  board  of  supervisors  of  each  county,  and  city 
and  county,  to  which  the  state  board  of  equalization  has 
apportioned  the  assessment  of  railways,  shall  have  fixed 
the  rate  of  county,  or  city  and  county,  taxation,  the  clerk 
of  the  board  of  supervisors  must,  within  three  days  after 
such  rate  has  been  fixed,  transmit  by  mail,  postage  paid, 
to  the  controller,  in  such  form  as  the  controller;  shall 
direct,  a  statement  of  the  rate  of  taxation  levied  by  the 
board  of  supervisors  for  county,  or  city  and  county,  taxa- 
tion.   If   the    clerk    fails   to    transmit   such   statement   in 


§  366S  ASSESSMENT    OF   PROPERTY.  S4<) 

the  time  herein  provided  for,  he  shall  forfeit  to  the  state 
one  thousand  dollars,  to  be  recovered  in  an  action  brought 
by  the  attorney-general  in  the  name  of  the  controller.  On. 
or  before  the  second  Monday  of  October  the  controller 
must  compute  and  enter  in  separate  money  columns,  in 
the  "Duplicate  Record  of  Apportionment  of  Railway  As- 
sessments" the  respective  sums,  in  dollars  and  cents,  re- 
jecting fractions  of  a  cent,  to  be  paid  by  the  corporation, 
person  or  association  liable  therefor,  as  the  state  tax 
upon  the  total  amount  of  the  assessment,  and  the  countj', 
or  city  and  county,  tax  upon  the  apportionment  of  the 
assessment  to  each  county,  and  city  and  county,  of  the 
property  assessed  to  such  corporation,  person  or  associa- 
tion named  in  said  duplicate  record.  En.  Stats.  1883,  69. 
Am'd.  1891,  440;   1895,  813. 

Cal.   Rep.   Cit.     124,  502. 

§  3668.  Publication  by  controller.  Within  ten  days  after 
the  second  Monday  in  October,  the  controller  must  pub- 
lish a  notice  for  two  weeks  in  one  daily  newspaper  of  gen- 
eral circulation  at  the  state  capital,  and  in  two  daily  news- 
papers of  general  circulation  published  in  the  city  of  San 
Francisco,  specifying — 

1.  That  he  has  received  from  the  state  board  of  equaliza- 
tion the  "Duplicate  Record  of  Assessments  of  Railways" 
and  the  "Duplicate  Record  of  Apportionment  of  Railway 
Assessments." 

2.  That  the  taxes  on  all  personal  property  and  one  half 
of  the  taxes  on  all  real  property  are  now  payable,  and 
will  be  delinquent  on  the  last  Monday  in  November  next, 
at  six  o'clock  P.  M.,  and  that  unless  paid  to  the  state 
treasurer  at  the  capitol,  prior  thereto,  five  per  cent  will 
be  added  to  the  amount  thereof,  and  unless  so  paid  on 
or  before  the  last  Monday  in  April  next,  at  six  P.  M.,  an 
additional  five  per  cent  will  be  added  to  the  amount  there- 
of. That  the  remaining  one  half  of  the  taxes  on  all  real 
property  will  be  due  and  payable  at  any  time  after  the 
first  Monday  in  January  next,  and  will  be  delinquent  on  the 
last  Monday  in  April  next,  at  six  o'clock  P.  M.,  and  that 
unless  paid  to  the  state  treasurer,  at  the  capitol,  prior 
thereto,  five  per  cent  will  be  added  to  the  amount  thereof. 

On  the  last  Monday  in  April  of  each  year,  at  six  o'clock 
P.  M.,  all  unpaid  taxes  are  delinquent,  and  thereafter  there 
must  be  collected  by  the  state  treasurer,  or  other  proper 
officer,  an  addition  of  ten  per  centum  upon  those  taxes 


S41  ASSESSMENT    OF   PROPERTY.  §  36K9 

which  became  'delinquent  the  preceding  November,  and 
have  not  been  paid,  prior  to  the  said  time,  on  the  last 
Monday  in  April  of  each  year,  and  an  addition  of  five 
per  centum  upon  all  taxes  for  the  preceding  year,  which 
became  delinquent  on  the  said  last  Monday  in  April,  which 
sum,  when  collected,  must  be  set  aside  by  the  treasurer 
as  a  fund  with  which  to  pay  the  contingent  expenses  of 
actions  against  any  delinquents,  the  said  expenses  to  be 
audited  by  the  board  of  examiners,  and  any  surplus  re- 
maining shall  go  into  the  general  school  fund  of  the 
state.  When  any  taxes  are  paid  to  the  state  treasurer 
by  order  of  the  controller,  upon  assessments  made  and 
apportioned  by  the  state  board  of  equalization,  the  con- 
troller must  forthwith  notify  the  auditor  and  treasurer, 
respectively,  of  each  county,  and  city  and  county,  that 
such  taxes  have  been  paid,  and  of  the  amount  thereof 
to  which  each  county,  and  city  and  county,  interested  is 
entitled.  The  state's  portion  of  the  taxes  must  be  dis- 
tributed by  the  treasurer  to  each  fund  entitled  thereto,  and 
the  portion  belonging  to  the  counties  and  cities  and  coun- 
ties must  be  placed  in  a  fund,  to  be  called  "Railway  Tax 
Fund,"  to  the  credit  of  each  county  and  city  and  county 
entitled  thereto.  When  any  taxes  are  placed  in  the  "Rail- 
way Tax  Fund"  to  the  credit  of  a  county,  or  city  and 
county,  the  controller,  at  the  next  settlement  with  the 
controller  by  the  treasurer  of  such  county,  or  city  and 
county,  must  draw  and  deliver  to  such  treasurer  his  war- 
rant upon  the  state  treasurer  for  the  amount  in  the  fund 
to  the  credit  of  such  county,  or  city  and  county.  En.  Stats. 
1883,  69.     Am'd.  1891,  441. 

Cal.  Rep.  Cit.     83,  396;   105,  583;    105,  594;   124,  502. 

§  3669.  Certain  taxes  to  be  paid  state  treasurer.  Each 
corporation,  person  or  association  assessed  by  the  state 
board  of  equalization  must  pay  to  the  state  treasurer,  upon 
the  order  of  the  controller,  as  other  moneys  are  required  to 
be  paid  into  the  treasury,  the  state  and  county  and  city  and 
county  taxes  each  year  levied  upon  the  property  so  assessed 
to  it  or  him  by  said  board.  Any  corporation,  person  or  as- 
sociation dissatisfied  with  the  assessment  made  by  the 
board,  upon  the  payment  of  the  taxes  due  upon  the  assess- 
ment complained  of,  and  the  percentage  added,  if  to  be 
added,  on  or  before  the  first  Monday  in  June,  and  the  filing 
of  notice  with  the  controller  of  an  intention  to  begin  an 
action,  may,  not  later  than  the  first  Monday  in  June,  bring 


§  3669  ASSESSMENT    OF    PROPERTY.  si'J 

an  action  against  the  state  treasurer  for  the  recovery  of 
the  amount  of  taxes  and  percentage  so  paid  to  the  treas- 
urer, or  any  part  thereof,  and  in  the  complaint  may  allege 
any  fact  tending  to  show  the  illegality  of  the  tax,  or  of  the 
assessment  upon  which  the  taxes  are  levied,  in  whole  or  in 
part.  When  any  person,  corporation  or  association  has 
made  payment  of  any  of  the  taxes,  penalties,  percentages, 
or  costs  herein  referred  to,  which  have  been  subsequently 
adjudged  illegal,  and  still  remain  in  the  hands  of  the  state 
treasurer  such  person,  corporation  or  association  shall  be 
entitled  to  a  refund  thereof,  although  the  payment  of  such 
taxes,  penalties,  percentages  and  costs  may  not  have  been 
under  protest,  nor  a  notice  filed  with  the  controller  of  an 
intention  to  begin  an  action  to  recover  the  same,  as  here- 
inbefore provided.  And  in  case  of  failure  or  refusal  by  the 
state  treasurer  to  pay  the  same  to  such  person,  corporation 
or  association  upon  its  demand,  an  action  may  he  brought 
against  the  state  treasurer  for  the  recovery  of  the  amount 
of  taxes  and  percentage  so  paid  to  the  treasurer  or  any 
part  thereof. 

Whenever,  under  the  provisions  of  this  section,  an  action 
is  commenced  against  the  state  treasurer,  a  copy  of  the 
complaint  and  of  the  summons  must  be  served  upon  the 
treasurer  within  ten  days  after  the  complaint  has  been 
filed,  and  the  treasurer  has  thirty  days  within  which  to 
demur  or  answer. 

At  the  time  the  treasurer  demurs  or  answers,  he  may  be- 
mand  that  the  action  be  tried  in  the  superior  court  of  the 
county  of  Sacramento.  The  attorney-general  must  defend 
the  action.  The  provisions  of  the  Code  of  Civil  Procedure 
relating  to  pleadings,  proofs,  trials  and  appeals  are  ap- 
plicable to  the  proceedings  herein  provided  for.  If  the  final 
judgment  be  against  the  treasurer,  upon  presentation  of  a 
certified  copy  of  such  judgment  to  the  controller  he  shall 
draw  his  warrant  upon  the  state  trea:aurer,  who  must  pay 
to  the  plaintiff  the  amount  of  the  taxes  so  declared  to  have 
been  illegally  collected ;  and  the  cost  of  such  action,  audited 
by  the  board  of  examiners,  must  be  paid  out  of  any  money 
in  the  general  fund  of  the  treasury,  which  is  hereby  appro- 
priated and  the  controller  may  demand  and  receive  from 
the  county,  or  city  and  county  interested,  the  proportion 
of  such  costs,  or  may  deduct  such  proportion  from  any 
money  then  or  to  become  due  to  said  county,  or  city  and 
county.  Such  action  must  be  begun  on  or  before  the  first 
Monday  in  June  of  ttie  year  succeeding  the  passage  of  this 


S43  ASSESSMENT    OF    PROPERTY.  §  3670 

act  in  the  case  of  taxes  heretofore  paid,  and  on  or  before 
t'  J  first  Monday  in  June  of  the  year  succeeding  ihe  year  in 
which  the  taxes  were  levied,  and  a  failure  to  begin  such 
action  is  deemed  a  waiver  of  the  rights  of  action.  En. 
Stats.   1883,  70.     Am'd.  1891,  442;    1905,   823. 

Cal.  Rep.  Cit.     83,  39G;  105,  583;  117,  440;  124,  502. 

§  3670.  Controller  to  sue  for  delinquent  taxes.  Within 
sixty  days  after  the  first  Monday  in  June  of  each  year, 
the  controller  must  begin  an  action  in  the  proper  court, 
in  the  namo  of  the  people  of  the  state  of  California,  to 
collect  the  delinquent  taxes  upon  the  property  assessed 
by  the  state  board  of  equalization;  such  suit  must  be  for 
the  taxes  d;-e  th'  state,  and  all  the  counties,  and  cities 
and  counties,  upon  property  assessed  by  the  board  of 
equalization  and  appearing  delinquent  upon  the  "Duplicate 
Pecord  of  Apportionment  of  Railway  Assessments."  The 
provisions  of  the  Code  of  Civil  Procedure  relating  to 
pleadings,  proofs,  trials  and  appeals  are  applicable  to 
the  proceedings  herein  provided  for.  In  such  action, 
should  a  writ  of  attachment  be  demanded  aud  issued, 
no  bond  nor  affidavit  previous  to  the  issuing  of  said 
attachment  is  reruired.  If  in  such  action  the  plain- 
t.J  recover  judgment,  there  shall  be  included  in  the 
judgment  aL  counsel  fees,  and  in  case  of  judgment  of 
taxes,  after  suit  brought  but  before  judgment,  the  de- 
fendant must  pay  as  counsel  fees  such  sum  as  the  court 
may  determine  to  be  reasonable  and  just.  Payment  of  the 
taxes,  or  the  amount  of  the  judgment  in  the  same,  must 
be  made  to  the  state  treasurer.  In  such  actions  the 
"Duplicate  Record  of  Assessments  of  Railways"  and  the 
"Duplicate  Record  of  Apportionment  of  Railv/ay  Assess- 
ments," or  a  copy  ot  them,  certified  by  the  controller, 
showing  unpaid  taxes  against  any  corporation,  person  or 
association  for  property  assessed  by  the  state  board  of 
equalization,  is  prim^  facie  evidence  of  the  assessment, 
t^e  property  assessed,  the  delinquency,  the  amount  of 
th:  taxes  due  and  urpaid  to  the  state,  and  counties,  or 
cities  and  counties  therein  named,  and  that  the  corporation, 
person  or  association  is  indebted  to  the  people  of  the 
state  of  California  in  the  amount  of  taxes,  state  and  coun- 
ty, and  city  and  county,  therein  appearing  unpaid,  and 
that  all  the  forms  of  law  in  relation  to  the  assessment 
and  levy  of  such  taxes  have  been  complied  with.  En 
Stats.  1883,  71.     Am'd.  1891,  442;    1895,  314. 


§§  3671,  3672  EQUALIZATION    OF    TAXES.  8*4 

Cal.  Rep.  Cit.  68,  5':2;  69,  648;  83,  396;  83,  398;  83,  403; 
105,  583;  105,  588;  105,  591;  105,  59G;  108,  48;  137, 
661. 

§  3671.  Basis  of  taxation  for  counties.  The  assessment 
made  by  the  county  assessor,  and  that  of  the  state  board 
of  equalization,  as  apportioned  by  the  boards  of  super- 
visors to  each  city,  .own,  township,  school,  road  or  other 
district  in  their  respective  counties,  or  cities  and  coun- 
ties, shall  oe  the  only  basis  of  taxation  for  the  county, 
or  any  subdivision  thereof,  except  in  incorporated  cities 
and  towns,  and  may  also  be  taken  as  such  basis  in  incor- 
porated cities  and  towns  when  the  proper  authorities  may 
so  elect.  All  taxes  upon  townships,  road,  school  or  other 
local  districts  shall  be  collected  in  the  same  manner  as 
county  taxes.     En.  Stats.  1883,  72. 

Cal.  Rep.  Cit.     68,  552;  91,  434;  137,  661;  137,  66z. 


CHAPTER  IV. 

EQUALIZATION   OF    TAXES. 

Article    I.     County    Boards    of    Equalization,     §§  3672-36S2. 
II.     State   Board    or    Equalization,    §§    3692-3705. 

ARTICLE   I. 

COUNTY  BOARDS  OF  EQUALIZATION. 

§  3672.     Supervisors,    when   to   equalize   assessment. 

§  3673.     Supervisors    empowered    to    equalize   assessment. 

§  3674.  No  reduction  to  be  made  unless  on  application  of  person  as- 
sessed. 

§  3675.  Examination  of  person  assessed  by  supervisors  for  purposes  of 
equalization. 

8  3676.     Supervisors    may    subpoena    witnesses    and    take    evidence. 

§  3677^     Assessor  and    deputy   to  attend   upon   hearing   of  application. 

8  3678.  Abstract  of  incumbrances  furnished  by  recorder,  and  action 
thereon. 

8  3679.     Supervisors    to   use    records    in    equalizing   assessments. 

§  36SU.     Sale   of   land   for   taxes,    stamping   on   later   bills. 

§  3681.     Suporvisois    may    revise    assessment    list. 

8  3(;S2.  Clerk's  record  of  alterations,  etc.,  and  oath  to  correctness 
of  same. 

§  3672.  Supervisors,  when  to  equalize  assessment.  The 
board  of  supervisors  of  each  county  must  meet  on  the 
first  Monday  of  July  in  each  year  to  examine  the  assess- 
ment  book   and   equalize   the   assessment  of   property   in 


845  EQUALIZATION    OF    TAXES.  §§  3673-367H 

the  county.  It  must  continue  in  session  for  that  purpose, 
from  time  to  time,  until  the  business  of  equalization 
is  disposed  of,  but  not  later  than  the  third  Monday  in 
July.     En.  March  12,  1872.     Am'd.  1891,  444. 

Cal.  Rep.  Cit.  75,  174;  116,  352;  116,  354;  129,  299;  131, 
228. 

§  3673,     Supervisors  empowered  to  equalize  assessment. 

The  board  has  power,  after  giving  notice  in  such  manner 
as  it  may  by  rule  prescribe,  to  increase  or  lower  the  entire 
assessment  roll  or  any  assessment  contained  therein,  so 
as  to  equalize  the  assessment  of  the  property  contained 
in  said  roll,  and  make  the  assessment  conform  to  the 
true  value  of  such  property  in  money.  En.  March  12, 
1872.     Am'd.  1880,  15. 

Cal.  Rep.  Cit.  46,  671;  62,  116;  64,  508;  82,  216;  104. 
164;  112,  597;  131,  228;  131,  230;  137,  522. 

County  boards  of  equalization  provided  for  by  Const. 
Cal.,  art.  XIII,  sec.  9. 

§  3674.  No  reduction  to  be  msde  unless  on  application 
of  person  assessed.  No  reduction  must  be  made  in  the 
valuation  of  property  unless  the  party  affected  thereby, 
or  his  agent,  makes  and  files  with  the  board  a  written  ap- 
plication therefor,  verified  by  his  oath,  showing  the  facts 
upon  which  it  is  claimed  such  reduction  should  be  made. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     64,  508. 

§  3675.  Examination  of  person  assessed  by  supervisors 
for  purposes  of  equalization.  Before  the  board  grants  the 
application  or  makes  any  reduction  applied  for,  it  must 
first  examine,  on  oath,  the  person  or  the  agent  making  the 
application,  touching  the  value  of  the  property  of  such 
person.  No  reduction  must  be  made  unless  such  person 
or  the  agent  making  the  application  attends  and  answers 
all  questions  pertinent  to  the  inquiry.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     61,  55;  64,  508. 

§  3676.  Supervisors  may  subpoena  witnesses  and  take 
evidence.  Upon  the  hearing  of  the  application  the  board 
may  subpoena  such  witnesses,  hear  and  take  such  evi- 
dence in  relation  to  the  subject  pending,  as  in  its  dis- 
cretion it  may  deem  proper.     En.  March  12,  1872. 

Gal.  Rep.  Cit.     64,  508;  82,  218. 


§§  3677,  3678  EQUALIZATION    OP   TAXES.  M« 

§  3677.  Assessor  and  deputy  to  attend  upon  hearing  of 
application.  During  the  session  of  the  board  the  assessor 
and  any  deputy  whose  testimony  is  needed  must  be  pres- 
ent, and  may  make  any  statement,  or  introduce  and  ex- 
amine witnesses  on  questions  before  the  board.  En.  March 
12,  1872. 

Cal.  Rep.   Cit.     64,  508;    131,  228;    131,  230. 

§  3678.  Abstract  of  incumbrances  furnished  by  recorder, 
and  action  thereon.  To  assist  the  assessor  in  the  perform- 
ance of  his  duties,  the  recorder  must  annually  transmit 
to  the  assessor,  on  or  before  the  first  Monday  in  April 
of  each  year,  a  complete  abstract  of  all  mortgages,  deeds 
of  trust,  contracts,  and  other  obligations  by  which  any 
debt  is  secured,  remaining  unsatisfied  on  the  records  of 
bis  office,  not  barred  by  the  statute  of  limitations,  at  twelve 
o'clock  meridian,  on  the  first  Monday  of  March  of  said 
year.  Such  abstract  shall  be  written  under  appropriate 
headings,  to  embrace  all  information  requisite  for  the  as- 
sessor, in  a  book  or  books  to  be  furnished  by  the  board 
of  supervisors  upon  the  requisition  of  the  assessor.  Should 
any  such  list  be  found  to  contain  any  instrument  relating 
to  lands  situated  in  more  than  one  county,  it  shall  be  the 
duty  of  the  assessor  to  transmit  to  the  state  board  of 
equalization  all  information  relating  thereto  on  or  before 
June  first  of  said  year;  and  it  shall  be  the  duty  of  the 
said  board  to  attach  an  apportionment  of  valuation  of 
such  instrument  to  be  assessed  in  each  county,  and  the 
board  shall  transmit  to  the  assessor  of  each  county  men- 
tioned as  affected  in  said  instrument,  a  statement  of 
valuation  of  assessment  to  be  levied  against  said  instru- 
ment in  each  county.  The  valuation  so  set  by  said  board  shall 
be  final,  and  the  assessor  shall  accept  said  valuation  and 
charge  said  assessment  upon  said  instrument  accordingly. 
Should  the  list  contain  any  instrument  mortgaging  or 
pledging  two  or  more  subdivisions  of  land,  or  land  as- 
sessed in  two  or  more  subdivisions  in  the  same  county, 
to.vnship,  district  cr  city,  the  assessor  shall  apportion 
the  amount  of  assessment  to  be  deducted  from  each  sub- 
division on  account  of  assessment  against  said  instru- 
ment. Any  assessment  on  a  mortgage,  or  deed  of  trust, 
which  has  been  erroneously  taxed  to  the  mortgagee  or 
party  loaning  the  money,  when  the  same  has  been  paid  or 
satisfied  prior  to  the  first  Monday  in  March,  shall  be  valid 
only  as  against  the  real  estate  from  the  assessment  on 
which  a  reduction  has  been  previously  made.    When  par- 


847  EQUALIZATION    OF   TAXES.  §§  367S,  iBSO 

tial  payments  have  been  made  on  a  debt,  secured  by 
mortgage,  or  deed  of  trust,  the  owner  is  authorized  to 
make  th*  proper  deduction,  listing  only  the  balance  due 
on  the  first  Monday  in  March.  The  recorder  must,  at 
the  time  he  furnishes  the  abstract  of  mortgages  to  the 
assessor,  furnish  said  officer  with  a  complete  and  true 
statement  of  all  property  which  has  been  redeemed  under 
or  by  virtue  of  any  sale  made  to  the  state  for  delinquent 
taxes,  together  with  a  complete  and  true  statement  of  all 
property  sold  to  the  state  and  remaining  unredeemed. 
When  necessary,  the  board  of  supervisors  of  each  county 
must  provide  for  the  payment  of  such  additional  clerical 
force  as  may  be  required  to  enable  the  county  recorder  to 
comply  with  this  section.  En.  March  12,  1872.  Am'd. 
1880,  15;   1895,  314. 

Cal.   Rep.   Cit.     60,  372;    66,  215;    131,  228;    141,  726;    145, 
198. 

§  3679.  Supervisors  to  use  records  in  equalizing  assess- 
ments. The  board,  must  use  the  abstract  and  all  other 
information  it  may  gain  from  the  records  of  the  county 
recorder  or  elsewhere,  in  equalizing  the  assessment  of  the 
property  of  the  county,  and  may  require  the  assessor  to 
enter  upon  the  assessment  book  any  property  which  has 
not  been  assessed;  and  any  assessment  made  as  pre- 
scribed in  this  section  has  the  same  force  and  effect  as  if 
made  by  the  assessor  before  the  delivery  of  the  assess- 
ment book  to  the  clerk  of  the  board.  En."  March  12,  1872. 
Am'd.  1880,  16. 

Cal.  Rep.  Cit.     62,  117;  131,  228;   146,  676. 

§  3680.  Sale  of  land  for  taxes,  stamping  on  later  bills. 
Whenever  property  has  been  sold  for  taxes  and  remains 
unredeemed,  upon  each  subsequent  assessment  the  as- 
sessor shall  enter  upon  the  assessment  book,  immediately 
after  the  description  of  the  property,  the  fact  that  said 
property  has  been  sold  for  taxes,  and  the  date  of  such 
sale.  Upon  all  bills  or  statements  of  or  for  taxes  accruing 
on  said  property,  subsequent  to  the  date  of  said  sale  and 
prior  to  the  redemption  of  said  property,  or  the  execution 
to  the  state  of  a  deed  therefor,  shall  be  distinctly  and 
legibly  written,  printed,  or  stamped,  the  words  "Sold  for 
taxes,"    and   also   the   date   of   such   sale.     En.    March   12, 


§§  36S1,  3682  EQUALIZATION    OF    TAXES.  MS 

1872.  Am'd.  1873-4,  159.  Rep.  1880,  17.  En.  Stats.  1895. 
315. 

§  3681.  Supervisors  may  revise  assessment  list.  During 
the  session  of  the  board,  it  may  direct  the  assessor  to 
assess  any  taxable  property  that  has  escaped  assessment, 
or  to  add  to  the  amount,  number,  or  quantity  of  property, 
when  a  false  or  incomplete  list  has  been  rendered;  and 
to  make  and  enter  new  assessments  (at  the  same  time 
canceling  previous  entries),  when  any  assessment  made 
by  him  is  deemed  by  the  board  so  incomplete  as  to  render 
doubtful  the  collection  of  the  tax;  but  the  clerk  must 
notify  all  persons  interested,  by  letter  deposited  in  the 
postoffice  or  express,  postpaid,  and  addressed  to  the  per- 
son interested,  at  least  five  days  before  action  taken,  of 
the  day  fixed  when  the  matter  will  be  investigated.  En. 
March  12,  1872.     Am'd.  1897,  429. 

Cal.  Rep.  Cit.  62,  102;  64,  508;  97,  323;  146,  676;  146, 
677;  146,  678. 

§  3682.  Clerk's  record  of  alterations,  etc.,  and  oath  to 
correctness  of  same.  The  clerk  of  the  board  must  record, 
in  a  book  to  be  kept  for  that  purpose,  all  changes,  cor- 
rections, and  orders  made  by  the  board,  and  during  its 
session,  or  as  soon  as  possible  after  its  adjournment, 
must  enter  upon  the  assessment  book  all  changes  and 
corrections  made  by  the  board,  and  on  or  before  the  first 
Monday  of  August  must  deliver  the  assessment  so  cor- 
rected to  the  county  auditor,  and  accompany  the  same 
with  an  affidavit  thereto  affixed,  subscribed  by  him,  as 
follows: 

"I,  ,  do  swear  that,  as  clerk  of  the  board  of 

supervisors  of  County,  I  have  kept  correct  minutes 

of  all  the  acts  of  the  board  touching  alterations  in  the 
assessment  book;  that  all  alterations  agreed  to  or  directed 
to  be  made  have  been  made  and  entered  in  the  book,  and 
that  no  changes  or  alterations  have  been  made  therein  ex- 
cept those  authorized."     En.  March  12,  1872. 

Cal.  Rep.  Cit.  07,  626;  129,  299;  137,  521;  137,  523;  142, 
563;   146,  677. 


849  EQUALIZATION   OP   TAXES.  §  369a 

ARTICLE   II. 

STATE    BOARD    OF    EQUALIZATION. 

§  3692.  Powers   and   \1uties   of   board. 

§  369.J.  Equalization    of   assessments. 

§  3694.  Penalty   for   failure   of  auditor  to   forward   statement. 

§  3695.  Statement  of  charges  made  by  board,  S'ent  to  county  auditors. 
Same    as    evidence. 

§  3C96.  Fi.xing   rate   of   state   tax,    notice   of. 

§  3697.  Penalty    for   refusing    to    obey    rules   and   regulations   of    board. 

§  369S.  Piosecution   of   assessor   fraudulently    assessing   property. 

§  3099.  Clerk   and   members   of  board   may   administer  oaths. 

§  3700.  Salary    of    members    and    of    clerk. 

§  3701.  Salary    of    clerk. 

§  3702.  Traveling    expenses,    office   and    incrdentals. 

§  3703.  Official   bonds   of   members   of   the  board.     (Kepealed.) 

§  3704.  Duty  of  board  upon  failure  of  county  boards  to  appoint  asses- 
sors,   etc.     (Repealed.) 

§  370.5.  State   board   may   extend   time. 

§  3692.  Powers  and  duties  of  board.  The  powers  and 
duties  of  the  state  board  of  equalization  are  as  follows: 

1.  To  prescribe  rules  for  its  own  government  and  for 
the  transaction  of  its  business. 

2.  To  prescribe  rules  and  regulations,  not  in  conflict 
with  the  constitution  and  laws  of  the  state,  to  govern  su- 
pervisors when  equalizing,   and   assessors      hen  assessing. 

3.  To  make  out,  prepare,  and  enforce  the  use  of  all 
forms  in  relation  to  the  assessment  of  property,  collection 
of  taxes,  and  revenue  of  this  state. 

4.  To  hold  regular  meetings  at  the  state  capitol,  on  the 
second  Monday  in  each  month,  and  such  special  meetings 
as  the  chairman  may  direct. 

5.  To  annually  assess  the  franchise,  roadway,  roadbed, 
rails,  and  rolling  stock  of  all  railroads  operated  in  more 
than  one  county  in  this  state,  at  their  actual  value,  on  the 
first  Monday  in  March,  at  twelve  o'clock  M.,  and  to  ap- 
portion such  assessment  to  the  counties  and  cities  and 
counties  in  which  such  railroads  are  located,  in  proportion 
to  the  number  of  miles  of  railway  laid  in  such  counties  and 
cities  and  counties  in  the  manner  provided  for  in  section 
three  thousand  six  hundred  and  sixty-four  of  said  code. 

6.  To  equalize  the  assessment  of  each  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a  debt  is  se- 
cured, and  which  affects  property  situate  in  two  or  more 
counties,  and  to  apportion  the  assessment  thereof  to  each 
of  such  counties. 

I  Pol.  Code— 54 


§  3692  EQUALIZATION   OF   TAXES.  850 

7.  To  transmit  to  tlie  assessor  of  each  county,  or  city 
and  county,  its  apportionment  of  the  assessments  -nade  by 
said  board  upon  the  franchises,  I'oadways,  roadbeds,  rails, 
and  rolling  stock  of  railroads,  and  also  its  apportionment 
of  the  assessments  made  by  such  board  upon  mortgages, 
deeds  of  trust,  contracts,  and  other  obl;gations  by  which 
debts  are  secured,  in  the  manner  provided  for  in  section 
three  thousand  six  hundred  and  sixty-four  of  said  code. 

8.  To  meet  at  the  state  capitol  on  the  first  Monday  in 
August,  and  remain  in  session  from  day  to  day,  Sundays 
excepted,  until  the  second  Monday  in  September. 

9.  At  such  meeting  to  equalize  the  valuation  of  the 
taxable  property  of  the  several  counties  in  this  state  for 
the  purposes  of  taxation;  and  to  the  end,  under  such  rules 
of  notice  to  the  clerk  of  the  board  of  supervisors  of  the 
county  affected  thereby,  as  it  may  prescribe,  to  increase 
or  lower  the  entire  assessment-roll  so  as  to  equalize  the 
assessment  of  the  property  contained  in  said  roll,  and 
make  the  assessment  conform  to  the  true  value  in  money  of 
the  property  assessed;  and  to  fix  the  rate  of  state  taxation, 
and  to  do  the  things  provided  in  section  three  thousand 
six  hundred  and  ninety-three  of  said  code;  provided,  that 
no  board  of  equalization  shall  raise  any  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a  debt  is 
secured,   money,   or   solvent  credits,   above   its   face   value. 

10.  To  visit  as  a  board,  or  by  the  individual  members 
thereof,  whenever  deemed  necessary,  the  several  counties 
of  the  state,  for  the  purpose  of  inspecting  the  property 
and  learning  the  value  thereof. 

11.  To  call  before  it,  or  any  member  thereof,  on  such 
visit,  any  oflicers  of  the  county,  and  to  require  them  to 
produce  any  public  records  in  their  custody. 

12.  To  issue  subpoenas  for  the  attendance  of  witnesses 
or  the  production  of  books  before  the  board,  or  any  mem- 
ber thereof,  which  subpoenas  must  be  signed  by  a  member 
of  the  board,  and  may  be  served  by  any  person. 

13.  To  appoint  a  clerk,  prescribe,  and  enforce  his  duties. 
The  clerk  shall  hold  his  office  during  the  pleasure  of  the 
board. 

14.  To  report  to  the  governor,  annually,  a  statement 
Hhowing: 

First — The  acreage  of  each  county  in  the  state  that  is 
assessed. 


851  EQUALIZATION    OF    TAXES.  §§  36a3-3t)a5 

Second — The  amount  assessed  per  acre. 

Third — The  aggregate  value  of  all  town  and  city  lots. 

Fourth — The  aggregate  value  of  all  real  estate  in  the 
state. 

Fifth — The  kinds  of  personal  property  in  each  county, 
and  the  value  of  each  kind. 

Sixth — The  aggregate  value  of  all  personal  property  In 
the  state. 

Seventh — Any  information  relative  to  the  assessment 
of  property,  and  the  collection  of  revenue. 

Eighth — Such  further  suggestions  as  it  shall  deem 
proper. 

15.  To  keep  a  record  of  all  its  proceedings.  En.  March 
12,  1872.     Am'd.  1875-6,  12;   1880,  25;   1891,  444;   1895,  316. 

Cal.  Rep.  Cit.  60,  27;  60,  33;  137,  522.  Subd.  2—46,  505. 
Subd.  6—46,  505.  Subd.  7—46,  505.  Subd.  8—68,  497. 
Subd.  9—60,  30;   68,  497. 

§  3693.  Equalization  of  assessments.  When,  after  a 
general  investigation  by  the  board,  the  property  is  found 
to  be  assessed  above  or  below  its  full  cash  value,  the 
board  may,  without  notice,  so  determine,  and  must  add  to 
or  deduct  from  the  valuation: 

1.  The  real  estate. 

2.  Improvements  upon  such  real  estate. 

3.  The  personal  property,  such  per  centum,  respectively, 
as  is  sufficient  to  raise  or  reduce  it  to  its  full  cash  value; 
provided,  that  no  board  of  equalization  shall  raise  any 
mortgage,  deed  of  trust,  contract,  or  other  obligation  by 
which  a  debt  is  secured,  money,  or  solvent  credits  above 
its  face  value.  En.  March  12,  1872.  Am'd.  1873-4,  147. 
Rep.  1875-6,  14.     En.    Stats.   1880,   27.     Am'd.   1895,  317. 

Cal.  Rep.  Cit.  46,  505;  47,  651;  47,  659;  60,  27;  60,  30; 
60,    31. 

§  3694.  Penalty  for  failure  of  auditor  to  forward  state- 
ment. Every  county  auditor  who  falls  to  forward  to  the 
state  board  of  equalization,  and  to  the  controller,  the 
statement  provided  for  in  section  three  thousand  seven 
hundred  and  twenty-eight,  forfeits  to  the  state  one  thou- 
sand dollars,  to  be  recovered  in  an  action  brought  by  the 
attorney-general,  in  the  name  of  the  state  board  of  equal- 
ization.    En.  March  12,  1872.     Am'd.  1875-6,   13;    1895,  317. 

Cal.  Rep.  Cit.     46.   505;    47,   665. 

§  3695.  Statement  of  changes  made  by  board,  sent  to 
county  auditors.     Same  as  evidence.     When  the  equaliza- 


§§  3696-3698  EQUALIZATION    OF    TAXES.  .  852 

tion  among  the  several  counties  is  comoleted,  the  clerk 
of  the  board  must  transmit  to  each  county  auditor  a  state- 
ment of  the  changes  made  by  the  board  in  the  assessment- 
roll  of  the  county,  or  in  any  assessment  contained  therein, 
and  of  the  per  centum  to  be  added  to  or  deducted  from 
the  valuation  of  such  statement,  which  shall  be  prima  facie 
evidence  of  the  regularity  of  all  proceedings  of  the  board, 
resulting  in  the  action  which  is  the  subject  matter  of  the 
statement.  En.  March  12,  1872.  Rep.  1875-6,  14.  En. 
Stats.  1880,  27. 

Cal.  Rep.  Cit.     46,  505;   68,  497;   137,  251. 

Prima  facie  evidence  defined:  Code  Civ.  Proc.  sec.  1833. 

§  3696.  Fixing  rate  of  state  tax,  notice  of.  Between  the 
first  and  second  Mondays  in  September  of  each  year,  the 
board  must  determine  the  rate  of  state  tax  to  be  levied 
and  collected  upon  the  assessed  valuation  of  the  property 
of  the  state,  which,  after  allowing  five  per  cent  for  de- 
linquencies in  and  costs  of  collection  of  taxes,  must  be 
sufiicient  to  raise  the  specific  amount  of  revenue  directed 
to  be  raised  by  the  legislature  for  state  purposes.  The 
board  must  immediately  thereafter  transmit  to  the  board 
of  supervisors  and  county  auditor  of  each  county  a  state- 
ment of  such  rate,  and  upon  its  receipt  the  clerk  of  said 
board  and  county  auditor  must  each,  in  writing,  notify  the 
state  board  of  equalization  thereof.  En.  March  12,  1872. 
Am'd.  1873-4,  147;  1873-4,  159;  1875-6,  13;  1877-8,  65;  1891, 
445;    1893,    300. 

Cal.  Rep.  Cit.  46,  476;  46,  480;  46,  506;  46,  490;  47,  650; 
47,  652;  47,  065;   53,  178;   68,  498;   146,  534, 

§  3697.  Penalty  for  refusing  to  obey  rules  and  regula- 
tions of  board.  Every  person  served  with  a  subpoena  who 
fails  or  neglects,  without  just  excuse,  to  obey  it,  and 
every  oflicer  who  refuses  to  obey  the  rules  and  regulations 
prescribed  by  the  board,  or  to  perform  the  duties  pre- 
scribed therein,  forfeits  to  the  state  five  hundred  dollars, 
to  be  recovered  by  action  in  the  name  of  the  board,  which 
action  may  be  commenced  and  tried  in  any  county  of  the 
state.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     76,   279. 

§  3698.  Prosecution  of  assessor  fraudulently  assessing 
property.  Whenever  the  state  board  of  equalization  is 
satisfied  that  the  assessor  or  a  deputy  assessor  of  any 
county  has  knowingly,  fraudulently,  or  corruptly  assessed 
any  property  below  its  actual  cash  value,  it  must  Imme- 


S53  EQUALIZATION    OF  TAXES.  §§  3699-3704 

diately  inform  the  district  attorney  of  such  county  In 
writing  of  the  facts  that  may  have  come  to  its  knowledge, 
with  a  request  that  such  assessor  or  deputy  assessor  be 
prosecuted,  and  the  district  attorney  must  at  once  comply 
with   such  request.     En.   March   12,   1872. 

§  3699.  Clerk  and  members  of  board  may  administer 
oaths.  The  clerk  or  any  member  of  the  board  may  admin- 
ister and  certify  oaths.    En.  March  12,  1872. 

§  3700.  Salary  of  members  and  of  clerk.  The  annual 
salary  of  each  member  of  the  board,  except  the  state 
controller,  is  three  thousand  dollars,  and  the  annual  salary 
of  the  clerk  of  the  board  is  eighteen  hundred  dollars, 
and  each  of  said  oflBcers  shall  devote  his  entire  time  to  the 
service  of  the  state  in  performing  the  duties  and  acquir- 
ing the  information  required  by  this  act.  En.  March  12, 
1872.     Rep.  1875-6,   14.     En.  Stats.  1880,  27. 

§  3701.  Salary  of  clerk.  The  salary  of  the  clerk  of  the 
state  board  of  equalization  is  twenty-four  hundred  dollars 
per  annum.  En.  March  12,  1872.  Rep.  1875-6,  14.  En. 
Stats.  1883,  374. 

Sec.  2.  So  much  of  section  3700  of  said  code  as  con- 
flicts with  this  act  is  repealed. 

§  3702.  Traveling  expenses,  office  and  incidentals.  The 
members  of  the  board  are  entitled  to  their  actual  traveling 
expenses,  and  for  contingent  clerical  assistance  while  trav- 
eling, incurred  by  them  in  the  discharge  of  their  duties, 
the  amount  to  be  audited  and  allowed  by  the  board  of 
examiners;  and  the  sum  of  five  thousand  dollars  for  each 
fiscal  year  is  hereby  continuously  appropriated  out  of  the 
general  fund  of  the  state  treasury,  to  pay  the  same.  The 
secretary  of  state  must  assign  an  oflBce  for  the  board  in 
the  state  capitol,  in  which  must  be  transacted  all  its  busi- 
ness, except  as  it  in  its  nature  must  be  transacted  else- 
where. He  must  supply  it  with  stationery,  fuel,  and  light, 
and  the  superintendent  of  state  printing  must  execute  its 
orders  for  printing.  En.  March  12,  1872.  Am'd.  1875-6,  13; 
1880,    27;    1887,    56. 

§  3703.  Official  bonds  of  members  of  the  board.  (Re- 
pealed.)    En.  March   12,   1872.     Rep.    1875-6,   14. 

§  3704.  Duty  of  board  upon  failure  of  county  boards  to 
appoint  assessors,  etc.  (Repealed.)  En.  March  12,  1872. 
Am'd.  1895,  318.     Rep.   1901,   51. 

Cal.  Rep.  Cit.    46,  506;    102,  447. 


§§  3705-3713  I.EVY    OF   TAXES.  864 

§  3705.  State  board  may  extend  time.  The  state  board 
of  equalization  may,  by  an  order  entered  upon  its  minutes, 
and  certified  to  the  county  auditor  of  any  county,  extend, 
for  not  exceeding  twenty  days,  the  time  fixed  in  this  title 
for  the  performance  of  any  act,  by  the  county  assessor, 
county  auditor  or  county  boards  of  equalization;  provided, 
however,  that  in  cases  of  conflagration  or  other  public 
calamity  within  -the  state,  the  state  board  of  equalization 
may,  by  an  order  entered  upon  its  minutes,  and  certified 
to  the  county  auditor  of  any  county,  extend,  for  not  ex- 
ceeding forty  days,  the  time  fixed  in  this  title  for  the  per- 
formance of  any  act  in  this  section  provided;  and  wherever 
any  act  to  be  performed  or  required  by  the  laws  of  the 
state  to  be  performed,  by  the  state  board  of  equalization  is 
dependent  for  its  performance  on  the  act  of  any  other 
oflicial  or  officials,  which  act  or  acts  on  the  part  of  said 
other  official  or  officials  shall  be  extended  under  the  provi- 
sions of  this  section,  then  and  in  that  event,  the  state 
board  of  equalization  shall  have  the  same  extension  of 
time  in  which  to  perform  the  act  so  required  of  it  by  law, 
as  given  to  said  official  or  officials.  En.  March  12,  1872. 
Am'd.  1905,  318;   June  16,  1906. 

Cal.  Rep.  Cit.     46,   506;    116,   353. 
CHAPTER  V. 

LEVY    OF    TAXES. 

§  3713.  Rate    of    taxation.    Amounts    required    for    the    several    funds. 

§  3714.  Supervisors    to   regulate    county    rate    of    taxation. 

§  3715.  When   the   supervisors   fail   to  levy   such   taxes,    etc. 

§  3716.  Tax  to   operate   as  a  judgment   or  lien  against  property. 

§  3717.  Tax  on    personal   pioperty   a   lien   on   real   property. 

§  3718.  Tax   upon   real   property   and    tax   on   improvements  a   lien   upon 

both. 

§  3719.  Levy   of   state  school  tax. 

§  3713.  Rate  of  taxation.  Amounts  required  for  the  sev- 
eral funds.  The  state  board  of  equalization  must,  for  state 
purposes  for  the  fifty-seventh  and  fifty-eighth  fiscal  years, 
fix  such  an  ad  valorem  rate  of  taxation  upon  each  one 
hundred  dollars  in  value  of  taxable  property  in  this  state 
as,  after  allowing  five  per  cent  for  delinquencies  in  and 
costs  of  collection  of  taxes,  as  provided  in  section  three 
thousand  six  hundred  and  ninety-six  of  the  Political  Code, 
will  raise  for  the  fifty-seventh  fiscal  year: 

First — For  the  general  fund,  four  million  dollars. 


865  LEVY   OF  TAXES.  SS  3714,  3711 

Second — For  the  school  fund,  two  million  eight  hundred 
and  fifty-one  thousand  seven  hundred  and  eighty-six  dol- 
lars. 

Third — For  the  high  school  fund,  two  hundred  and  seven- , 
teen  thousand  three  hundred  and  thirty-five  dollars. 

Fourth — For  the  interest  and  sinking  fund,  one  hundred 
and  forty-one  thousand  four  hundred  and  thirty-five  dol- 
lars. 

And  for  the  fifty-eighth  fiscal  year: 

First — For  the  general  fund,  three  million  six  hundred 
and  eighty  thousand   dollars. 

Second — For  the  schoool  fund,  two  million  eight  hundred 
and  fifty-one  thousand  seven  hundred  and  eighty-six  dol- 
lars. 

Third — For  the  high  school  fund,  two  hundred  and  seven- 
teen  thousand   three    hundred   and   thirty-five    dollars. 

Fourth — For  the  interest  and  sinking  fund,  one  hundred 
and  forty-one  thousand  four  hundred  and  thirty-five  dol- 
lars. En.  March  12,  1872.  Am'd.  1871-2,  866;  1873-4,  160; 
1875-6,  60;  1877-8,  67;  1880,  65;  1881,  123;  1885,  101;  1887, 
151;  1889,  346;  1891,  470;  1893,  300;  1895,  161;  1897,  247; 
1899,  131;    1901,  595;    1903,  335;    1905,  252. 

Cal.  Rep.  Cit.     60,  34;  80,  226;  87,  504;  142,  14. 

§  3714.     Supervisors  to  regulate  county  rate  of  taxation. 

The  board  of  supervisors  of  each  county  must,  on  the 
third  Monday  in  September,  fix  the  rate  of  county  taxes, 
designating  the  number  of  cents  on  each  one  hundred  dol- 
lars of  property  levied  for  each  fund,  and  must  levy  the 
state  and  county  taxes  upon  the  taxable  property  of  the 
county;  provided,  that  it  shall  not  be  lawful  for  any  board 
of  supervisors  of  any  county  in  the  state  to  levy,  nor  shall 
any  tax  greater  thau  fifty  cents  on  each  one  hundred  dol- 
lars of  property  be  levied  and  collected  in  any  one  year, 
to  pay  the  bonded  indebtedness,  or  judgment  arising  there- 
from, of  this  state,  or  of  any  county,  or  municipality  in 
this  state.  En.  March  12,  1872.  Am'd.  1880,  16;  1880,  50; 
1891,  445;   1895,  318. 

Cal.  Rep.  Cit.     66,  23;   68,  498;   89,  230;   96,  626;   96,  637; 
97»  436;   118,  480;   120,  341;   123,  155;   146,  534;   147,  657. 

§  3715.  When  the  supervisors  fail  to  levy  such  taxes, 
etc.  The  action  of  the  state  board  of  equalization,  in  fixing 
the  rate  of  taxation  for  state  purposes  is,  in  the  absence 
of  action  by  the  board  of  supervisors,  a  valid  levy  of  the 
rate  so  fixed,  and  imposes  upon  the  auditor,  tax  collector, 

28 


§§  3716-3719  LEVY    OF    TAXES.  856 

and  all  other  officers  charged  with  the  performance  of  any 
duties  under  the  revenue  law,  the  same  obligations  as  if 
the  board  of  supervisors  had  made  the  levy  at  the  proper 
time.    En.  March  12,  1872. 
Cal.  Rep.  Cit.     46,  506. 

§  3716.     Tax  to  operate  as   a  judgment  or   lien   against 
property.     Every  tax  has  the  effect  of  a  judgment  against 
the  person,  and   every  lien  created   by  this  title  has  the 
force   and   effect  of   an   execution    duly  levied   against   all 
property  of  the  delinquent;   the  judgment  is  not  satisfied 
nor  the  lien  removed  until  the  taxes  are  paid  or  the  prop- 
erty sold  for  the  payment  thereof.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     62,  645;   71,  207;   73,  612;  83,  407;  92,  629; 
105,  595;    115,  172;    115,   173;    115,  175;    115,  176;    115, 
177;    115,  179;    116,  523;    118,  492;   118,  494;   137,  421; 
145,  58;   145,  60;  146,  534;   147,  657. 

§  3717.     Tax  on  personal  property  a  lien  on  real  property. 

Every  tax  due  upon  personal  property  is  a  lien  upon  the 
real  property  of  the  owner  thereof,  from  and  after  12 
o'clock  M.  of  the  first  Monday  in  March  in  each  year.  En. 
March   12,   1872.     Am'd.   1873-4,   159;    1880,   16. 

Cal.  Rep.  Cit.  71,  207;  73,  612;  76,  277;  83,  407;  92,  629; 
115,  172;  115,  176;  118,  492;  118,  493;  123,  76;  147,  657. 

§  3718.  Tax  upon  real  property  and  tax  on  improve- 
ments a  lien  upon  both.  Every  tax  due  upon  real  property 
is  a  lien  against  the  property  assessed;  and  every  tax  due 
upon  improvements  upon  real  estate  assessed  to  others 
than  the  owner  of  the  real  estate,  is  a  lien  upon  the  land 
and  improvements;  which  several  liens  attach  as  of  the 
first  Monday  of  March  in  each  year.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  76,  277;  83,  407;  89,  201;  96,  626;  115,  172; 
115,  176;  123.  76:  131.  110. 

§  3719.  Levy  of  state  school  tax.  The  state  board  of 
equalization  must  levy  annually,  at  the  time  other  state 
taxes  are  levied,  a  tax  of  such  number  of  cents  on  each 
one  hundred  dollars  of  value  of  taxable  property  in  the 
state  as  will  produce  a  net  sum  equal  to  the  amount 
directed  by  the  legislature  as  being  necessary  to  be  raised, 
by  an  ad  valorem  tax,  for  school  purposes;  and  the  assess- 
ment and  collection  of  said  tax  shall  be  performed  in  the 
same  manner  and  at  the  same  time  as  other  state  taxes 
are  assessed  and  collected.  En.  Stats.  1873-4,  84.  Am'd. 
1895,  318. 

Cal.  Rep.  Cit.     87,  504. 


857  DUTIES   OF   AUDITOR.  §S  3727,  3728 

CHAPTER   VI. 

DUTIES    OF    THE    AUDITOR    IN    RELATION    TO    REVENUE. 

§  3727.    Auditor  to   enter  what  in  assessment  book. 

§  372S.    Auditor    to   prepare    duplicate   statement,    showing   what. 

§  3729.  Statements  transmitted  to  state  controller  and  board  of  equali- 
zation. 

§  3730.  Auditor  to  generally  follow  directions  of  state  board  of  equali- 
zation. 

§  3731.    Auditor   to   compute  and   enter  taxes  and   foot  up  totals. 

§  3732.  Delivery  of  duplicate  assessment  book  to  collector,  and  audi- 
tor's   affidavit. 

§  3733.     .4uvlitor    to    retain    original    assessment    book.     (Repealed.) 

§  3734.     Tax   collector  charged  with  full   amount   of  taxes   levied. 

§  3735.     Auditor   to  verify  all   statements  made  by  him. 

§  3736.     Transfer  of  assessment   book  from  one   collector  to  another. 

§  3737.     Auditor's    statement,    what    must    show;    filing    of. 

§  3738.    Auditor  to   furnish   assessor   personal  property  receipts. 

§  3739.    List    of    property    redeemed. 

§  3727.     Auditor  to  enter  what  in  assessment  book.     The 

county  auditor,  as  soon  as  the  assessment  book  is  delivered 
to  him  by  the  clerk  of  the  board  of  supervisors,  must 
proceed  to  a'dd  to  the  valuations,  and  enter  the  total  valu- 
ation of  each  kind  of  property,  and  the  total  valuation  of 
all  property,  on  the  assessment  book.  The  column  of  acres 
must  show  the  total  acreage  of  the  county.  En.  March  12, 
1872. 

§  3728.  Auditor  to  prepare  duplicate  statement,  showing 
what.  The  auditor  must,  on  or  before  the  second  Monday 
in  August  in  each  year,  prepare  from  the  "Assessment 
Book"  of  such  year,  as  corrected  by  the  board  of  super- 
visors, duplicate  statements  showing  in  separate  col- 
umns— 

1.  The  number  of  acres  of  land. 

2.  The  total  value  of  all  property. 

3.  The  value  of  real  estate. 

4.  The  value   of  the  improvements  thereon. 

5.  The  value  of  personal  property,  exclusive  of  money. 

6.  The  amount  of  money. 

7.  The  total  assessed  value  of  mortgages  and  trust  deeds, 
with  value  of  mortgages  and  trust  'deeds  held  by  the  vari- 
ous state  institutions  separately  shown. 

8.  The  assessed  value  of  all  property  sold  to  the  state 
for  delinquent  taxes.  En.  March  12,  1872.  Am'd.  1891,  446; 
1895,  318;   1897,  429. 

Cal.  Rep.  Cit.     46,  505. 
See  post,  sec.  3732. 


§§  3729-3732  DUTIES    OF   AUDITOR.  8SS 

§  3729.  Statements  transmitted  to  state  controller  and 
board  of  equalization.  The  auditor  must,  as  soon  as  such 
statements  are  prepared,  transmit,  by  mail  or  express,  one 
to  the  controller  of  state  and  one  to  the  state  board  of 
equalization.    En.  March  12,  1872. 

§  3730.  Auditor  to  generally  follow  directions  of  state 
board  of  equalization.  As  soon  as  the  auditor  receives 
from  the  state  board  of  equalization  a  statement  of  the 
changes  made  by  the  board  in  the  assessment  book  of  the 
county,  he  must  make  the  corresponding  changes  in  the 
assessment  book,  by  entering  the  same  in  a  column  pro- 
vided with  a  proper  heading  in  the  assessment  boolc,  count- 
ing any  fractional  sum  when  more  than  fifty  cents  as  one 
'dollar,  and  omitting  it  when  less  than  fifty  cents,  so  that 
the  value  of  any  separate  assessment  shall  contain  no  frac- 
tion of  a  dollar;  but  he  shall,  in  all  cases,  disregard  any 
action  of  the  board  of  supervisors  which  is  prohibited  by 
section  three  thousand  six  hundred  and  thirty-three  of 
this  code.  En.  March  12r  1872.  Am'd.  1873-4,  147;  1875-6 
13;  1880,  16;  1895,  319. 

Cal.  Rep.  Cit.     59,  333;   68,  498;  137,  252. 

§  3731.  Auditor  to  compute  and  enter  taxes  and  foot  up 
totals.  The  auditor  must  then  compute,  and  enter  in  a 
separate  money  column  in  the  assessment  book,  the  re- 
spective sums,  in  dollars  and  cents,  rejecting  the  fractions 
of  a  cent,  to  be  paid  as  a  tax  on  the  property  therein 
enumerated,  and  segregate  and  place  in  the  proper  columns 
of  the  book  the  respective  amounts  due  in  installments, 
as  provided  in  section  three  thousand  seven  hundred  and 
forty-six  of  this  code,  and  foot  up  the  column,  showing  the 
total  amount  of  such  taxes,  and  the  columns  of.  total  value 
of  property  in  the  county,  as  corrected  under  the  direction 
of  the  state  board  of  equalization.  En.  March  12,  1872. 
Am'^d.  1875-6,  14;    1880,  27;    1895,  319. 

Cal.  Rep.  Cit.     68,  498;    118,  480;   120,  341;   146,  534. 

§  3732.  Delivery  of  duplicate  assessment  book  to  col- 
lector, and  auditor's  affidavit.  On  or  before  the  second 
Monday  in  October,  he  must  deliver  the  corrected  assess- 
ment book  to  the  tax  collector,  with  an  affidavit  attached 
thereto,  and  by  him  subscribed,  as  follows: 

"I,  ,  auditor  of  the  county  of ,  do  swear  that 

I   received   the  assessment   book  of   the  taxable  property 


859  DUTIES   OF   AUDITOR.  5§  8733-S737 

from  the  clerk  of  the  board  of  supervisors,  with  his  affi- 
davit thereto  affixed,  and  that  I  have  corrected  it  and  made 
it  to  conform  to  the  requirements  of  the  state  board  of 
equalization;  that  I  have  reckoned  the  respective  sums 
due  as  taxes,  and  have  added  up  the  columns  of  valuation, 
taxes,  and  acreage,  as  required  by  law."  En.  March  12, 
1872.  Am'd.  1873-4,  148;  1875-6,  14;  1880,  27;  1891,  446; 
1895,  319;  1897,  430. 
Cal.  Rep.  Cit.     66,  24;   118,  480;  137,  521;  137,  522. 

§  3733.     Auditor    to     retain     original     assessment    book. 

(Repealed.)     En.    March   12,   1872.     Rep.    1895,   319. 

§  3734.  Tax  collector  charged  with  full  amount  of  taxes 
levied.  On  delivering  the  assessment  book  to  the  tax 
collector,  the  auditor  must  charge  the  tax  collector  with 
the  full  amount  of  the  taxes  levied,  except  the  taxes  due 
upon  the  railway  assessments  made  by  the  state  board  of 
equalization,  and  forthwith  transmit  by  mail  to  the  con- 
troller of  state,  in  such  form  a^  the  controller  may  pre- 
scribe, a  statement  of  the  amount  so  charged.  Any  audi- 
tor failing  to  forward  such  statement  to  the  controller  for 
ten  days  after  the  roll  has  been  delivered  to  the  tax  col- 
lector, forfeits  to  the  state  one  thousand  dollars,  to  be 
recovered  in  an  action  brought  by  the  attorney-general, 
in  the  name  of  the  controller.  En.  March  12,  1872.  Am'd. 
1883,  72;    1895,  320;   1897,  430. 

§  3735.     Auditor  to  verify  all   statements  made  by   him. 

The  auditor  must  verify,  by  his  affidavit  attached  thereto, 
all  statements  made  by  him  under  the  provisions  of  this 
title.    En.  March  12,  1872. 

§  3736.  Transfer  of  assessment  book  from  one  collector 
to  another.  The  auditor,  if  the  assessment  book  or  the 
delinquent  tax  list  is  transferred  from  one  collector  to 
another,  must  credit  the  one  and  charge  the  other  with 
the  amount  then  outstanding  on  the  tax  list.  En.  March 
12,  1872.     Am'd.  1895,  320. 

§  3737.  Auditor's  statement,  what  must  show;  filing  of. 
The  auditor  must,  on  or  before  the  meeting  of  the  board 
of  supervisors  on  the  third  Monday  in  September,  prepare 
a  statement,  in  duplicate,  showing: 

First — The  indebtedness  of  the  county,  funded  and 
floating,  the  amount  of  each  class,  and  the  rate  of  inter- 
est borne  by  each  class  of  such  indebtedness,  or  any  part 
thereof. 


§§  3738,  3739  DUTIES    OF    AUDITOR.  880 

Second — A  concise  description  of  all  property  owned  by 
the  county,  with  an  approximate  estimate  of  the  value 
thereof,  and  the  amount  of  cash  in  the  county  treasury 
subject  to  the  payment  of  such  indebtedness. 

Third — The  rate  of  taxation  for  county  purposes,  as 
shown  by  the  last  tax  levy  made  by  the  board. 

Fourth — The  assessed  value  of  all  property,  in  detail, 
for  the  year. 

Fifth — Such  other  information  as  the  board  of  super- 
visors or  the  controller  of  state  may  require. 

One  of  the  statements  mentioned  in  this  section  must 
be  filed  with  the  board  on  the  third  Monday  in  September 
and  the  other  forwarded  immediately,  by  mail  or  express, 
to  the  controller  of  state.  The  controller  shall  include 
in  his  biennial  report  to  the  governor  a  digest  and  synop- 
sis, in  tabular  form,  of  all  reports  received  by  him  under 
the  provisions  of  this  section.  Any  auditor  failing  to  fur- 
nish such  statement  within  the  time  prescribed  by  law,  or 
to  forward  to  the  controller  as  herein  directed,  forfeits  to 
the  county  one  thousanti  dollars,  to  be  recovered  in  an 
action  brought  by  the  district  attorney  in  the  name  of  the 
county.  En.  1873-4,  156.  Rep.  1895,  320.  En.  Stats.  1897, 
430. 

Cal.  Rep.  Cit.     76,  279;   147,  657. 

§  3738.  Auditor  to  furnish  assessor  personal  property 
receipts.  On  or  before  the  first  Monday  in  March  of  each 
year,  the  auditor  shall  furnish  the  assessor  with  blank 
"personal  property"  receipts  in  book  form,  with  stubs 
attached,  numbered  the  same  as  the  receipts,  each  book 
having  fifty  receipts,  in  a  form  prescribed  in  section  three 
thousand  six  hundrd  and  forty,  and  charge  the  assessor 
with  the  number  of  receipts  issued.  On  the  first  Monday 
in  August,  the  assessor  shall  return  all  unused  receipts, 
and  the  auditor  shall  credit  him  with  the  numbers  returned. 
En.   Stats.  1873-4,  156.     Am'd.  1895,  320. 

Cal.  Rep.  Cit.     66,  24. 

§  3739.  List  of  property  redeemed.  On  or  before  the 
hour  of  the  day  fixed  by  the  tax  collector  for  the  sale  of 
the  property  delinquent  for  taxes,  the  auditor  must  furnish 
such  tax  collector  a  report,  in  condensed  form,  of  all  prop- 
erty redeemed  since  the  date  of  the  tax  sale  for  the  pre- 
ceding year.  The  tax  collector  must  use  such  report  in 
the  enforcement  of  sections  three  thousand  seven  hun- 
dred and  seventy-one,  three  thousand  eight  hundred  and 
thirteen,  and  three  thousand  eight  hundred  and  fourteen. 
En.  Stats.  1897,  431. 


861  COLLECTION   OF  PROPERTY   TAXES. 

CHAPTER  VII. 

COLLECTION  OF  PROPERTY  TAXES. 

§  3746.  Tax    collector   to   publish    notice,    specifying   what. 

§  3747.  Taxes  on  any  particular  parcel  of  land  may  be   paid  separately. 

§  3748.  Time   and  place  of  payment. 

§  S74'9.  Manner   of   publication   of   notice. 

§  3750.  Tax   collector    to   note    date   of   payment. 

§  3751.  Receipt    to    be    given. 

§  3752.  Payment    of    taxes   of    decedents,    how    enforced. 

§  3753.  Settlement  of  collector  with   auditor;    when   made;   form   of. 

§  3754.  Liability   of  tax  collector  refusing  or  neglecting   to   settle. 

§  3755.  Action   against   collector   for   such   refusal   or   neglect. 

§  3756.  When    taxes    are    delinquent.    Penalty. 

§  3757.  Certain    times    when    taxes   must    not    be    received.     (Repealed.) 

§  3758.  Entry    of    penalty    for    delinquency. 

§  3759.  When    delinquent   list    must    be   complete'd. 

§  3760.  Matters    to   be   set   down   in   numerical   or   alphabetical   order. 

§  3761.  Credit   to   be   given   to   tax   collector  on   final    settlement. 

§  3762.  Tax  collector  chaiged   with  delinquent  taxes  and  penalty. 

§  3763.  Auditor's    statement    to   state    controller. 

§  3764.  Publication    of    delinquent    list. 

§  3765.  Notice     of    sale. 

§  3766.  Manner    of    making    publication. 

§  3767.  Time  and  place    tf  sale  to  be  designated. 

§  3768.  Sale,    when    and    v/here    to    take    place.     (Repealed.) 

§  3769.  Copy   of  publication;    with   whom   filed. 

§  3769a.  Land   sold   for   taxes  encumbered  by  trust   deed  or  mortgage. 

§  3770.  Additional    sum   collected    to   defray   costs. 

§  3771.  Property  sold  to   state  by  operation   of  law. 

§  3772.  Statement   of   sales 

§  3773.  Sale   of  property.     (Repealed.) 

§  3774.  Idem.     (Repealed.) 

§  3775.  Idem.     (Repealed.) 

§  3776.  Collector  to  give   purchaser  a  certificate   of   tax   sale. 

§  3777.  Record    of   certificates   of   tax  sale. 

§  3778.  Collector    to    enter    in    a    book    description,    etc.,    of    land    sold. 

(Repealed.) 

§  3779.  Lien  of  state  vests  in  purchaser;  how  divested.     (Repealed.) 

§  3780.  Time    for    redemption    of    property. 

§  3781.  Redemption,    how    made.    Distribution    of    proceeds. 

§  37S2.  Redemption.     (Repealed.) 

§  3783.  Idem.     (Repealed.) 

§  3784.  Idem.     (Repealed.) 

§  3785.  Collector's  deed  when  property  is  not  redeemed  in  time. 

§  3786.  Recitals   in    deed    primary    evidence   of   what. 

§  3787.  Deed   conclusive   evidence   of   what. 

§  3788.  State    lands   not   paid    for   in   full   subject    to   entry   and   sale. 

§  3789.  Prima    facie    evidence    of    assessment;    what    constitutes. 

§  3790.  Seizure  and   sale   of  personal  property   for   taxes. 

§  3791.  Manner  of  conducting  sale,    etc. 

§  3792.  Sale  must  be  made  after  notice. 

§  3793.  Collector's     charge..;    and     mileage. 

§  3794.  Title  vests   in    purchaser   on   payment. 

§  3795.  Excess   of  proceeds;    disposition   of. 

§  3796.  Unsold  portion  to   remain  at  risk  of  owner. 

§  3797.  Comparison    of    delinquent    list    with    unpaid    assessments. 

§  379S.  Oath   administered    to   tax  collector. 

§  379'J.  Final   settlement   of    collector   with   au-ditor. 

§  3800.  Collector's   affidavit,    indorsed   on   list. 

5  3801.  List   of   lands   sold. 


§  3746  COLLECTION    OF   PROPERTY    TAXES.  862 

§  3S02.    Unpaid    taxes    not   canceled   to   be   entered.     (Repealed.) 

§  3S03.     Idem.     (Repealed.) 

§  3S04.     Taxes   illegally  collected   to   be   refunded. 

§  3805.     When   land   asssessed  more  than  once. 

§  3S05a.  Public  lands  upon  which  final  payment  has  not  been  made;  If 
land  has  been  sold  to  state  for  taxes,  cancellation  of  assess- 
ment. 

§  3805b.  Clerical   errors   in  certificate   of   sale,    correction   of. 

§  3806.     Land   irregularly  assessed,    etc.,   not   to  be  sold. 

§  3S07.     What  mistakes  do  not  affect  sale   of   property  for  taxes. 

§  3S08.  Collection  of  taxes  from  persons  assessed,  but  removed  to  an- 
other county. 

§  3809.     Evidence   on   trial   of  suit  for   such   taxes. 

§  3810.     Expenses   of  proceedings,    how  paid.     (Repealed.) 

§  3811.    Where    assessment   void    in   part.     (Repealed.) 

§  3812.    Duty    when   sale   protested   against.    (Repealed.) 

§  3813.     Property   sold   to  state  assessed   subsequently. 

§  3814.    After  sold  to  state  no  sale  to  be  had  for  assessments. 

§  3815.     All  costs  must  be  paid  before  redemption. 

§  3816.     Distribution   of  redemption  moneys. 

§  3817.     Redemption   by    heirs,    executors   et   al. 

§  3818.    Partial  redemption 

§  3819.     Payment  under  protest. 

§  3746.     Tax  collector  to  publish  notice,  specifying  what. 

Within  ten  days  after  the  receipt  of  the  assessment  book, 
the  tax  collector  must  publish  a  notice  specifying: 

1.  That  the  taxes  on  all  personal  property  secured  by 
real  property,  and  one  half  of  the  taxes  on  all  real  prop- 
erty, will  be  due  and  payable  on  the  second  Monday  in 
October,  and  will  be  delintjuent  on  the  last  Monday  in 
November  next  thereafter,  at  six  o'clock  P.  M.,  and  that 
unless  paid  prior  thereto,  fifteen  per  cent  will  be  added 
to  the  amount  thereof,  and  that  if  said  one  half  be  not 
paid  before  the  last  Monday  in  April  next,  at  six  o'clock 
P.  M.,  an  additional  five  per  cent  will  be  added  thereto. 
That  the  remaining  one  half  of  the  taxes  on  all  real  prop- 
erty will  be  payable  on  and  after  the  first  Monday  in  Jan- 
uary next  and  will  be  delinc[uent  on  the  last  Monday  in 
April  next,  thereafter,  at  six  o'clock  P.  M.,  and  that  unless 
paid  prior  thereto,  five  per  cent  will  be  added  to  the 
amount  thereof. 

2.  That  all  taxes  may  be  paid  at  the  time  the  first  in- 
stallment, as  herein  provided,  is  due  and  payable. 

3.  The  times  and  places  at  which  payment  of  taxes  may 
be  made.  En.  March  12,  1872.  Am'd.  1875-6,  59;  1880,  65; 
1891,  446;   1895,  320;   1897,  431. 

Cal.  Rep.  Cit.     137,  521;    137,  522;   137,  523;    137,  524. 

Acts  providing  for  levy  and  collection  of  taxes:  See 
General  Laws,  title  Taxation. 

Act  requiring  uniform  method  of  collection  of  taxes:  See 
General  Laws,  title  Taxation. 


863  COLLECTION  OF  PROPEHTT  TAXES.  §§  3747-3751 

§  3747.  Taxes  on  any  particular  parcel  of  land  may  be 
paid  separately.  The  taxes  on  any  particular  lot,  piece,  or 
parcel  of  land  contained  in  any  assessment  may  be  paid 
separately  from  the  whole  assessment,  if  such  lot,  piece, 
or  parced  has  a  separate  valuation  on  the  assessment  roll, 
by  paying  the  amount  of  state  and  county  taxes  due  on 
such  lot,  piece,  or  parcel  of  land,  with  a  proper  proportion 
of  the  amounts  due  as  tax  on  personal  property,  penalties, 
if  any,  and  a  proper  proportion  of  the  tax  due  to  any 
school,  road,  or  other  lesser  taxation  district.  The  tax 
collector  shall  make  an  entry  on  the  margin  of  the  assess- 
ment book,  showing  what  certain  property  has  been  re- 
leased by  the  payment  of  the  taxes  as  herein  provided, 
together  with  the  amounts  of  such  taxes  separately  and 
specifically  set  forth.  En.  March  12,  1872.  Am'd.  1877-8, 
68;   1889,  217;   1895,  320;   1901,  648. 

§  3748.  Time  and  place  of  payment.  All  taxes  must  be 
paid  at  the  office  of  the  tax  collector,  unless  the  board 
of  supervisors  by  order,  made  on  or  before  the  first  Mon- 
day in  October,  direct  that  the  taxes  must  be  collected  in 
the  several  townships  of  the  county,  or  in  either  thereof, 
or  in  any  municipal  corporation  in  said  county;  in  which 
case  the  notice  by  the  tax  collector  must  specify  a  time  and 
place  within  any  township  or  murricipal  corporation  named 
in  such  ord^er,  when  and  where  the  tax  collector  will  at- 
tend to  receive  the  payment  of  taxes.  En.  March  12,  1872. 
Am'd.  1889,  217;   1895,  321. 

§  3749.     Manner  of  publication  of  notice.     The  notice  in 

every  case  must  be  published  for  two  weeks  in  some  weekly 
or   daily   newspaper   published   in   the   coutny,   if  there   is 
one;   or  if  there  is  not,  then  by  posting  it  in  three  public 
places  in  each  township.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     53,  394. 

§  3750.  Tax  collector  to  note  date  of  payment.  The  tax 
collector  must  mark  the  date  of  payment  of  any  tax,  or 
of  the  several  partial  payments,  as  the  case  may  be,  in  the 
assessment  book,  opposite  the  name  of  the  person  paying. 
En.  March  12,  1872.     Am'd.  1891,  447. 

§  3751.  Receipt  to  be  given.  He  must  give  a  receipt  to 
the  person  paying  any  tax,  or  any  part  of  any  tax,  specify- 
ing the  amount  of  the  assessment  and  the  tax,  or  part  of 
tax,  paid,  and  the  amount  remaining  unpaid,  if  any,  with  a 


§§  3752-3755  COLLECTION  OF  PROPERTY   TAXES.  8W 

description  of  the  property  assessed;  provided,  that  the 
receipt  for  the  last  installment  of  taxes  may  refer,  by 
'number  or  any  other  intelligent  manner,  to  the  receipt 
given  for  the  first  installment  of  taxes,  in  lieu  of  a  descrip- 
tion of  the  property  assessed.  En.  March  12,  1872.  Am'd. 
1891,  447. 

§  3752.     Payment   of  taxes   of  decedents,   how   enforced. 

The  superior  court  must  require  every  administrator  or 
executor  to  pay  out  of  the  funds  of  the  estate  all  taxes 
due  from  such  estate;  and  no  order  or  decree  for  the 
distribution  of  any  property  of  any  decedent  among  the 
heirs  or  devisees  must  be  made  until  all  taxes  against 
the  estate  are  paid.  In  the  same  manner  the  court  must 
require  the  assignee  to  pay  out  of  the  funds  of  an  insol- 
vent's estatfe  all  taxes  due  from  such  estate;  and  no  final 
discharge  to  such  assignee  shall  be  granted  until  all  taxes 
against  the  insolvent's  estate  are  paid.  En.  March  12. 
1872.     Am'd.  1880,  16;    1895,  321. 

Cal.  Rep.  Cit.     71,  207;   93,  475;   133,  184. 

Taxes  paid  by  parties  interested  in  estate  inure  to 
benefit  of  all:  Ante,  sec.  3642. 

§  3753.  Settlement  of  collector  with  auditor;  when 
made;  form  of.  On  the  "first  Monday  in  each  month  the  tax 
collector  must  settle  with  the  auditor  for  all  moneys  col- 
lected for  the  state  or  county,  and  pay  the  same  to  the 
county  treasurer,  and  on  the  same  day  must  deliver  to 
and  file  in  the  office  of  the  auditor  a  statement,  under  oath, 
showing: 

1.  An  account  of  all  his  transactions  and  receipts  since 
his  last  settlement; 

2.  That  all  money  collected  by  him  as  tax  collector  has 
been  paid.     En.  March  12,  1872. 

Cal.   Rep.  Cit.     52,  199;    122,  537;   122,  538;   126,  257;   146. 
719. 

§  3754.  Liability  of  tax  collector  refusing  or  neglecting 
to  settle.  A  tax  collector  refusing  or  neglecting  for  a 
period  of  five  days  to  make  the  payments  and  settlements 
required  in  this  title,  is  liable  for  the  full  amount  of  taxes 
charged  upon  the  assessment  roll.     En.   March  12,  1872. 

Cal.  Rep.  Cit.     122,  537;   122,  538. 

§  3755.  Action  against  collector  for  such  refusal  or 
neglect.    The  district  attorney  must  bring  suit  against  the 


865  COLLECTION   OF  PROPERTY   TAXES.  §§  3756-37b8 

tax  collector  and  his  sureties  for  such  amount,  and  in  case 
ol  neglect  the  controller  of  state  or  the  board  of  super- 
visors may  require  him  to  do  so;  and  when  the  suit  is 
commenced,  no  credit  or  allowance  must  be  made  to  the 
collector  for  the  taxes  outstanding.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  200;   122,  537;  122,  538. 

§  3756.  When  taxes  are  delinquent.  Penalty.  On  the 
last  Monday  of  November  of  each  year,  at  six  o'clock  P.  M., 
all  taxes  then  unpaid,  except  the  last  installment  of  the 
real  property  taxes  are  delinquent,  and  thereafter  the  tax 
collector  must  collect,  for  the  use  of  the  county,  or  city 
and  county,  an  addition  of  fifteen  per  cent  thereon;  pro- 
vided, that  if  they  be  not  paid  before  the  last  Monday  in 
April  next  succeeding,  at  six  o'clock  P.  M.,  he  shall  collect 
an  addition  of  five  per  cent  thereon.  On  the  last  Monday 
in  April  of  each  year,  at  six  o'clock  P.  M.,  all  the  unpaid 
portion  of  the  remaining  one  half' of  the  taxes  on  all  real 
property  are  delinquent,  and  thereafter  the  tax  collector 
must  collect,  for  the  use  of  the  county,  or  city  and  county, 
an  addition  of  five  per  cent  thereon;  provided,  that  the 
entire  tax  on  any  real  property  may  be  paid  at  the  time 
the  first  installment,  as  above  provided,  is  due  and  pay- 
able; and  provided  further  that  the  taxes  on  all  personal 
property  unsecured  by  real  property,  shall  be  due  and  pay- 
able immediately  after  the  assessment  of  said  personal 
property  is  made.  En.  March  12,  1872.  Am'd.  1875-6,  60; 
1880,   16;    1891,  447;    1895,  321. 

Cal.  Rep.   Cit.  -76,  277;    76,  278;    137,  104;    137,  320;    137, 
321;    137,  322;    146,  533. 

§  3757.     Certain  times  when  taxes  must  not  be  received. 

(Repealed.)     En.   March  12,  1872.     Rep.   1873-4,  160. 

§  3758.  Entry  of  penalty  for  delinquency.  On  the  sec- 
ond Monday  in  December  of  each  year,  in  each  of  the  coun- 
ties, and  cities  and  counties  of  this  state,  the  tax  collector 
must  attend  at  the  office  of  the  auditor  with  the  assess- 
ment book,  having  all  items  of  taxes  collected  marked 
"paid."  The  auditor  shall  thereupon  compute  and  enter 
against  all  the  items  of  taxes  due  and  unpaid  the  penalty 
for  delinquency,  foot  up  the  total  amount  of  penalties  then 
due,  and  must,  within  ten  "days  thereafter,  deliver  to  said 
tax  collector  the  assessment  book  and  charge  him  with  the? 

Pol.  Code— 55 


§§  3759-3762  COLLECTION   OF  PROPERTY  TAXES.  866 

amount  of  said  penalties.     En.  March  12,  1872.     Am'd.  1875- 
6,  61;    1891,  448;    1895,  322;    1897,  431. 
Gal.  Rep.  Cit.     76,  3;   122,  538. 

§  3759.     When    delinquent   list   must   be   completed.     On 

the  third  Monday  in  May  of  each  year,  in  each  of  the  coun- 
ties and  cities  and  counties  of  this  state,  the  tax  collector 
must  attend  at  the  office  of  the  auditor  with  the  assessment 
book,  having  all  items  of  taxes  and  penalties  collected 
marked  "paid,"  and  at  the  same  time  he  shall  deliver  to 
the  auditor  a  complete  delinquent  list  of  all  persons  and 
property  then  owing  taxes.  En.  March  12,  1872.  Am'd. 
1895,  322. 

Cal.   Rep.  Cit.     76,  3;    122,  538;    137,  249. 
Publishing  delinquent  list:  See  post,  sec.  3764. 

§  3760.  Matters  to  be  set  down  in  numerical  or  alpha- 
betical order.  In  the  list  so  delivered  must  be  set  down 
in  numerical  or  alphabetical  order,  all  matters  and  things 
contained  in  the  assessment  book,  and  relating  to  delin- 
quent persons  or  property.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     76,  3;  117,  518. 

§  3761.  Credit  to  be  given  to  tax  collector  on  final 
settlement.  The  auditor  must  carefully  compare  the  list 
with  the  assessment  book,  and  if  satisfieil  that  it  contains 
a  full  and  true  statement  of  all  taxes  due  and  unpaid,  he 
must  foot  up  the  total  amount  of  taxes  so  remaining  un- 
paid, credit  the  tax  collector  who  acted  under  it  there- 
with, and  make  a  final  settlement  with  him  of  all  taxes 
charged  against  him  on  the  assessment  book,  and  must 
require  from  him  the  treasurer's  receipt,  or  if  the  treas- 
urer is  the  collector,  require  from  him  an  immediate  ac- 
count for  any  existing  deficiency.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     76,  3;  122,  539. 

§  3762.  Tax  collector  charged  with  delinquent  taxes  and 
penalty.  After  settlement  with  the  tax  collector,  as  pre- 
scribed in  the  preceding  section,  the  auditor  must  charge 
the  tax  collector  then  acting  with  the  amount  of  taxes 
due  on  the  delinquent  tax  list,  with  the  penalty  or  pen- 
alties added  thereto,  and  within  three  days  thereafter  de- 
liver the  list,  duly  certified,  to  such  tax  collector.  En. 
March  12,  1872.     Am'd.  1895,  322. 

Cal.   Rep.  Cit.     122,  539;    137,  249;    142,  564. 


867  COLLECTION    OP    PROPERTY    TAXES.  §§  3763-3766 

§  3763.  Auditor's  statement  to  state  controller.  Within 
ten  days  after  the  final  settlement,  the  auditor  must  trans- 
mit, by  mail  or  express,  a  statement  to  the  controller  of 
state,  in  such  form  as  he  requires,  of  each  kind  of  property 
assessed  and  delinquent,  and  the  total  amount  of  delin- 
quent taxes.  If  the  auditor  fails  to  transmit  such  state- 
ment in  the  time  prescribed  by  law,  he  shall  forfeit  to  the 
state  one  thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  attorney-general  in  the  name  of  the  con- 
troller.    En.  March  12,  1872.     Am^d.  1897,  432. 

Cal.  Rep.  Cit.     97,  447. 

§  3764.  Publication  of  delinquent  list.  On  or  before 
the  sixteenth  day  in  July  of  the  year  one  thousand  nine 
hundred  and  six,  and  on  or  before  the  fifth  day  in  June 
of  each  year  the  tax  collector  must  publish  the  delinquent 
list,  which  must  contain  the  names  of  the  persons  and  a 
description  of  the  property  delinquent,  and  the  amount 
of  taxes,  penalties,  and  costs  due,  opposite  each  name 
and  description,  with  the  taxes  due  on  personal  prop- 
erty, the  delinquent  state,  poll,  road,  and  hospital  tax, 
the  taxes  due  each  school,  road,  or  other  lesser  taxation 
district,  added  to  the  taxes  on  real  estate,  where  the  real 
estate  is  liable  therefor,  or  the  several  taxes  are  due  from 
the  same  person.  The  expense  of  the  publication  to  be 
a  charge  against  the  county,  or  city  and  county.  En. 
March  12,  1872.  Am'd.  1875-6,  59;  1875-6,  61;  1877-8,  68; 
1891,  448;  1895,  322;  June  3,  1906. 

Cal.  Rep.  Cit.  53,  393;  56,  116;  64,  470;  64,  471;  76,  277; 
97,  284;   97,  447;  105  5oo;  113,  166;   117,  518;   118,  495; 

118,  496;   134,  255;    137,  249;   137,  250;   137,  464. 

§  3765.  Notice  of  sale.  The  tax  collector  must  append 
and  publish  with  the  delinquent  list  a  notice  that  unless 
the  taxes  delinquent,  together  with  the  costs  and  penal- 
ties,* are  paid,  the  real  property  upon  which  such  taxes 
are  a  lien  will  be  sold.  En.  March  12,  1872.  Am'd.  1895, 
18;   1895,  322. 

Cal.  Rep.  Cit.     64,  470;  76,  277;  87,  504;  97,  Wi;  117,  518; 

119,  684;   119,  685;    137,  250;   137,  464. 

§  3766.  Manner  of  making  publication.  The  publication 
must  be  made  once  a  week  for  three  successive  weeks,  in 
some  newspaper,  or  supplement  thereto,  published  in  the 

♦Amended  also  February  25,  1895,  reading  "percentage"  Instead  ol 
"penalties."     (Stats.    1895,    p.    IS.) 


§§  3767-3769a       COLLECTION    OF    PROPERTY   TAXES.  ««8 

county,  and  the  board  of  supervisors  must  contract  for 
such  publication  with  the  lowest  bidder,  and  after  ten 
days'  public  notice,  that  such  will  be  let.  The  bidding 
must  be  by  sealed  proposals.  If  there  is  no  newspaper 
published  in  the  county,  then  by  posting  a  copy  of  the  list 
in  three  public  places  in  each  township.  En.  March  12, 
1872.  Am'd.  1877-8,  69;  1895,  323. 
Cal.  Rep.  Cit.     53,  394;   61,  526;   64,  470;   64,  471;   97,  284; 

97,   285;    113,  165;    113,   166;    113,   167;    lid,   168;    119, 

455;   125,  43;   133,  283;   134,  55. 

§  3767.     Time  and  place  of  sale  to  be  designated.     The 

publication  must  designate  the  day  and  hour  when  the 
property  will,  by  operation  of  law,  be  sold  to  the  state, 
which  sale  must  not  be  less  than  twenty-one  'nor  more 
than  twenty-eight  days  from  the  time  of  the  first  publica- 
tion, and  the  place  shall  be  in  the  tax  collector's  office. 
En.  March.  12,  1872.  Am'd.  1895,  323. 
Cal.  Rep.  Cit.     61,  526;  137,  464. 

§  3768.  Sale,  when  and  where  to  take  place.  (Repealed.) 
En.  March  12,  1872.  Am'd.  1875-6,  62;  1887,  157.  Rep. 
1895,  323. 

Cal.  Rep.  Cit.     61,  526;    108,  364;    118,  496;    134,  255. 

§  3769.  Copy  of  publication,  with  whom  filed.  The  col- 
lector, as  soon  as  he  has  made  the  publication  required  in 
sections  3764,  3765,  3766,  and  3767,  must  file  with  the 
county  recorder  and  county  clerk  respectively,  a  copy  of 
the  publication,  with  an  affidavit  attached  thereto  that 
it  is  a  true  copy  of  the  same;  that  the  publication  was 
made  in  a  newspaper  or  supplement  thereto,  stating  its 
name  and  place  of  publication,  and  the  date  of  each  ap- 
pearance; and  in  case  there  was  no  newspaper  published 
in  his  county,  that  notices  were  put  up  in  three  public 
places  in  each  of  the  townships,  designating  the  township 
and  places  therein,  which  affidavit  is  primary  evidence 
of  all  the  facts  stated  therein.     En.   March  12,  1872. 

Cal.   Rep.   Cit.     97,   447;    137,   249. 

Primary  evidence,  changed  to  prima  facie  in  post,  sec. 
3788,  as  amended  February  25,  1895,  and  sec.  3789. 

§  3769a.  Land  sold  for  taxes  encumbered  by  trust  deed 
or  mortgage.  Whenever  land  to  be  sold  for  taxes  is  en- 
cumbered  by   trust   deed   or   mortgage   and   the   taxes   for 


869  COLLECTION   OF   PROPERTY   TAXES.  §§  3770-3771 

which  the  land  is  to  be  sold  is  for  the  value  over  and 
above  the  encumbrance,  as  the  said  encumbrance  is  shown 
by  and  upon  the  assessment  roll  in  the  tax  collector's 
office,  the  tax  collector  shall  at  least  ten  days  before  the 
date  of  sale  mail  a  copy  of  the  publication  required  in  sec- 
tions 3764  and  3765,  3766  and  3767  of  this  code  to  the  mort- 
gagee named  in  any  such  mortgage  and  the  trustees  named 
in  any  such  trust  deed.  When  the  addresses  of  the  mort- 
gagee named  in  any  mortgage  and  the  trustees  named  in 
any  trust  deed  are  unknown  to  the  tax  collector,  he  shall 
mail  said  notices  in  said  names  to  the  county  seat  of  the 
said  county.  The  tax  collector  shall  file  a  copy  of  said 
notice  with  an  affidavit  of  time  and  place  of  mailing  same 
with  the  county  recorder  and  county  clerk  resepectively. 
En.  Stats.  1905,  550. 

§  3770.  Additional  sum  collected  to  defray  costs.  The' 
tax  collector  must  collect,  in  addition  to  the  taxes  due  on 
the  delinquent  list,  together  with  the  penalties  for  delin- 
quency, fifty  cents  on  each  lot,  piece,  or  tract  of  land 
separately  assessed,  and  on  each  assessment  of  personal 
property,  which  shall  be  paid  to  the  county  and  be  placed 
to  the  credit  of  the  salary  fund.  En.  March  12,  1872. 
Am'd.  1895,  323. 

Cal.  Rep.  Cit.     51,  638;   97,  601;   97,  603;   99,  595;   99,  596; 
137,  320;   137,  322;   146,  534. 

§  3771.     Property  sold  to  state  by  operation  of  law.     On 

the  day  and  hour  fixed  for  the  sale  all  the  property  delin- 
quent, upon  which  the  taxes  of  all  kinds,  penalties,  and 
costs  have  not  been  paid,  shall  by  operation  of  law  and 
the  declaration  of  the  tax  collector,  be  sold  to  the  state, 
and  said  tax  collector  shall  make  an  entry,  "Sold  to  the 
state,"  on  the  delinquent  assessment  list,  opposite  the 
tax,  and  he  shall  be  credited  with  the  amuont  thereof  in 
his  settlement,'  made  pursuant  to  sections  three  thousand 
seven  hundred  and  ninety-seven,  three  thousand  seven 
hundred  and  ninety-eight,  and  three  thousand  seven  hun- 
dred and  ninety-nine;  provided,  that  on  the  day  of  sale 
the  owner  or  person  in  possession  of  any  property  offered 
for  sale  for  taxes  due  thereon,  may  pay  the  taxes,  penal- 
ties, and  costs  due;  and  provided  further,  that  when  the 
original  tax  amounts  to  the  sum  of  three  hundred  dollars 
or  more  upon  any  piece  of  property  or  assessment  delin- 
quent, the  state  may  bring  suit  against  the  owner  of  said 
property  fo'*  the  collection  of  said  tax  or  taxes,  penalties, 


§§  3772-3T74  COLLECTION  OF  PROPERTY  TAXES.  870 

and  costs,  as  provided  In  section    three    thousand    eight 
hundred     and    ninety-nine.    En.     March    12,    1872.     Am'd. 
1895,  323. 
Cal.  Kep.  Clt.     73,  51;  126,  445;  126,  446;  137,  464. 

§  3772.  Statement  of  sales.  Immediately  upon  comple- 
tion of  the  sale  provided  for  in  the  preceding  section,  the 
tax  collector  must,  by  mail  or  express,  transmit  to  the 
controller  a  statement  or  report  in  such  form  as  the  con- 
troller may  desire,  showing  in  detail  each  sale  wherein 
the  state  became  such  purchaser.  En.  March  12,  1872. 
Am'd.  1895,  323. 

Cal.  Rep.  Cit.    97,  447;   137,  465. 

§  3773.  Sale  of  property.  (Repealed.)  En.  March  12, 
.1872.     Am'd.  1873-4,  148;  1893,  99;   1895,  19.     Rep.  1895,  324. 

Cal.  Rep.  Cit.  73,  51;  80,  396;  99,  80;  105,  586;  106,  131; 
106,  136;   117,  519;  117,  698;   119,  684;   137,  322. 

The  original  section  provided  for  the  designation  by  the 
owner  of  the  property  to  be  sold.  There  was  a  section 
3773  adopted  at  the  same  session  as  the  above  repealing 
act  (p.  19),  as  follows: 

On  the  day  of  sale  the  owner  or  person  in  possession  of 
any  real  estate  offered  for  sale  for  taxes  due  thereon,  may 
pay  the  taxes  and  costs  due;  but  in  case  such  taxes  and 
costs  are  not  paid  by  the  owner  or  person  In  possession, 
or  by  some  one  on  behalf  of  such  owner  or  person  in 
possession,  the  whole  amount  of  the  property  assessed 
shall  be  struck  off  to  the  people  of  the  state  as  the  pur- 
chaser; provided,  that  when  the  said  taxes  amount  to  the 
sum  of  three  hundred  dollars  or  more,  upon  any  piece  of 
property,  the  state  may  bring  suit  against  the  owner  of 
said  property  for  the  collection  of  said  taxes  and  costs,  as 
provided  in  section  three  thousand  eight  hundred  and 
ninety-nine  of  this  code.  In  each  case  the  tax  collector 
shall  make  an  entry,  "Sold  to  the  state,"  on  the  delinquent 
assessment  book  opposite  the  tax,  and  he  shall  be  credited 
with  the  amount  thereof  in  his  settlement  made  pursuant 
to  sections  thirty-seven  hundred  and  ninety-seven,  thirty- 
seven  hundred  and  ninety-eight,  and  thirty-seven  hundred 
and  ninety-nine  of  this  code. 

§  3774.    Idem.     (Repealed.)     En.  March  12,  1872.    Rep. 
1895,  19;  1895,  324. 
Cal.  Rep.  Cit     89.  81 


871  COLLECTION  OF   PROPERTY  TAXES.  §§  3776-3778 

§  3775.  Idem.  (Repealed.)  En.  March  12,  1872.  Rep. 
1895,  19;   1895,  324. 

Cal.  Rep.  Cit.    106,  133. 

§  3776.  Collector  to  give  purchaser  a  certificate  of  tax 
sale.  The  tax  collector  must  make  out  a  certificate  of 
delinquent  tax  sale  for  each  piece  or  tract  of  land  sold, 
dated  on  the  day  of  the  sale,  stating  (when  known)  the 
name  of  the  person  assessed,  a  description  of  the  land 
sold,  that  it  was  sold  for  delinquent  taxes  to  the  state, 
and  giving  the  amount  and  year  of  the  assessment,  and 
specifying  when  the  state  will  be  entitled  to  a  deed.  En. 
March  12,  1872.  Am'd.  1895,  324.  Rep.  1895,  19.  En. 
Stats.  1897,  432. 

Cal.  Rep.  Cit.  54,  523;  56,  116;  61,  526;  67,  484;  67,  489; 
72,  35;  78,  148;  79,  139;  80,  395;  92,  386;  94,  659; 
99,  81;  102,  518;  117,  519;  118,  624;  119,  684;  131,  83; 
137,  4b5. 

§  3777.  Record  of  certificates  of  tax  sale.  Such  cer- 
tificate must  be  signed  by  the  tax  collector,  regularly 
numbered  in  a  book,  and  the  book  must  be  filed  in  the 
office  of  the  county  recorder,  and  when  so  filed,  with  the 
recorder's  filing  on  each  certificate  in  said  book,  it  must 
be  regarded  as  recorded  in  the  recorder's  office.  The 
state  controller  shall  prescribe  the  form  of  such  certificate 
of  sale  and  record  book.  The  recorder  must  index  such 
certificates  of  uale  in  an  Index  book,  kept  for  that  pur- 
pose, the  form  of  which  shall  be  prescribed  by  the  state 
controller.  In  case  of  a  redemption,  or  a  subsequent  sale 
of  any  of  said  property  by  the  state,  the  recorder  must 
enter  on  the  margin  of  the  certificate,  describing  such 
property  in  said  certificate  book  of  record  in  his  office  the 
fact  of  such  redemption  or  sale,  giving  the  date  thereof, 
and  by  whom  redeemed.  En.  March  12,  1872.  Am'd.  1895, 
324.    Rep.  1895,  19.    En.   Stats.  1897,  432. 

Cal  Rep.  Cit.    54,  523;  131,  84;  137,  465. 

§  3778.  Collector  to  enter  in  a  book  description,  etc., 
of  land  sold.  (Repealed.)  En.  March  12,  1872.  Am'd. 
1895,  19.  Rep.  1895,  324.  During  the  same  session  in 
which  this  section  was  repealed,  an  amendment  to  the  sec- 
tion was  approved  (p.  19),  as  follows: 


§§  3779-3782         COLLECTION    OF   PROPERTY   TAXES.  872 

The  collector  must,  In  a  book  provided  for  that  purpose, 
enter  a  description  of  the  land  sold,  corresponding  to  the 
description  in  the  original  assessment  roll,  the  date  of 
sale,  that  it  was  sold  to  the  state,  the  amount  for  which 
It  was  sold,  and  must  regularly  number  the  descriptions 
on  the  margin  of  the  book.  Such  book  must  be  open  to 
public  inspection,  without  fee  during  office  hours,  when 
not  in  actual  use. 

Cal.  Rep.  Cit.    131,  83. 

§  3779.     Lien  of  state  vests  in  purciiaser;    how  divested. 

(Repealed.)     En.  March  12,  1872.     Rep.  1895.  19;   1895,  324. 
Cal.  Rep.  Cit.     53,  236;  131,  84. 

§  3780.  Time  for  redemption  of  property.  A  redemption 
of  the  property  sold  may  be  made  by  the  owner  or  any 
party  in  interest,  within  five  years  from  the  date  of  the 
sale  to  the  state,  or  at  any  time  prior. to  the  entry  or  sale 
of  said  land,  by  the  state,  in  the  manner  provided  by 
section  three  thousand  eight  hundred  and  seventeen.  En. 
March  12,  1872.  Am'd.  1873-4,  157;  1875-6,  62;  1885,  91; 
1891,  133;   1895,  19;   1895,  324. 

Cal.  Rep.  Cit.  92,  387;  96,  503;  104,  620;  117,  519;  117, 
698;   137,  465;    137,   466. 

At  the  same  session  (p.  19)  this  section  was  also 
amended  to  read  as  follows: 

A  redemption  of  the  properly  sold  may  be  made  by  the 
owner,  or  any  party  in  interest,  within  five  years  from  the 
date  of  the  purchase  by  the  state,  or  at  any  time  prior 
to  the  entry  or  sale  of  said  land  in  the  manner  applicable 
to  other  state  lands  of  like  character. 

§  3781.  Redemption,  how  made.  Distribution  of  pro- 
ceeds. Redemption  must  be  made  to  the  county  treasurer 
on  an  estimate  furnished  by  the  auditor,  in  lawful  money 
of  the  United  States,  and  the  treasurer  must  account  to 
the  state  for  all  moneys  received  under  such  redemption, 
which  said  money  shall  be  distributed  in  the  manner  pro- 
vided by  section  three  thousand  eight  hundred  and  sixteen. 
En.  March  12,  1872.     Am'd.  1873-4,  157;   1895,  19;   1895,  324. 

An  amendment  of  February  28,  1895,  Stats.  1895,  p.  19, 
of  the  same  section  was  same  as  above,  except  the  words 
"on  an  estimate  furnished  by   the  auditor." 

§  3782.  Redemption.  (Repealed.)  En.  March  12,  1872. 
Rep.    1895,    20. 


873  COLLECTION   OF   PROPERTY   TAXES.  §§  3783-3785 

§  3783.  Idem.  (Repealed.)  En.  March  12,  1872.  Rep. 
1895,    20. 

§  3784.  Idem.  (Repealed.)  En.  March  12,  1872.  Rep. 
1895,  20. 

§  3785.  Collector's  deed  when  property  is  not  redeemed 
in  time.  If  the  property  is  not  redeemed  within  the  time 
allowed  by  law  for  its  redemption,  the  tax  collector,  or  his 
successor  in  office,  must  make  the  state  a  deed  of  the 
property,  reciting  in  such  deed  the  name  of  the  person 
assessed  (when  known),  the  date  of  sale,  a  description  of 
the  land  sold,  the  amount  for  which  it  was  sold,  that  it 
was  sold  for  delinquent  taxes,  giving  the  assessed  value 
and  the  year  of  assessment,  the  time  when  the  right  of 
redemption  had  expired,  and  that  no  person  has  redeemed 
the  property  in  the  time  allowed  by  law  for  its  redemption. 
No  charge  shall  be  made  by  the  tax  collector  for  the 
making  of  any  such  deed,  and  the  acknowledgment  of  all 
such  deeds  shall  be  taken  by  the  county  clerk  free  of 
charge.  All  such  deeds  shall  be  recorded  in  the  office 
of  the  county  recorder  of  the  county  wherein  the  property 
sold  is  situated,  and  said  recorder  shall  make  no  charge 
therefor;  provided,  that  in  counties  where  the  county 
recorders  are  paid  no  salaries,  but  fees  only,  such  recorders 
shall  receive  for  filing,  recording  and  indexing  each  deed, 
the  sum  of  seventy-five  cents,  payable  out  of  the  county 
treasury  in  the  same  manner  that  other  claims  are  paid. 
The  state  controller  shall  provide  uniform  blank  deeds, 
upon  which  all  conveyances  to  the  state  under  the  pro- 
visions of  this  section  shall  be  made.  All  such  deeds,  after 
being  duly  recorded,  as  herein  provided,  shall  be  forwarded 
by  the  county  recorder  to  the  controller.  The  controller 
shall  record  such  deeds  at  length  in  a  book  to  be  provided 
for  that  purpose,  in  which  book  a  marginal  space  shall 
be  left  to  show  the  subsequent  disposition  of  the  property 
by  the  state;  provided,  however,  that  when  state  lands 
have  been  sold  to  the  state  upon  which  the  full  purchase 
price  of  one  dollar  and  twenty-five  cents  per  acre  has  not 
been  paid,  the  deeds  to  the  state,  after  being  duly  recorded 
as  herein  provided,  shall  be  forwarded  by  the  county  re- 
corder to  the  surveyor-general  and  remain  on  file  in  his 
office,  and  the  state  shall  dispose  of  such  lands  in  the 
manner  provided  in  section  three  thousand  seven  hundred 
and  eighty-eight.  In  all  cases  where  land  has  heretofore 
been  sold  to  the  state  for  delinquent  taxes,  the  deed 
therefor  shall  be  made  to  the  state  within  one  year  after 


§§  3786,  37S7         COLLECTION   OF   PROPERTY   TAXES.  874 

this  act  takes  effect;  provided,  five  years  shall  have  elapsed 
after  the  date  of  such  sale.  En.  March  12,  1872.  Am'd. 
1873-4,  157;  1875-6,  62;  1885,  90;  1891,  134;  1895,  20;  1895, 
324;  1901,  52. 

Cal.  Rep.  Cit.  79,  538;  79,  539;  86,  125;  86,  126;  86,  127; 
90,  485;  92,  386;  92,  387;  93,  396;  93,  399;  96,  502; 
96,  503;  97,  446;  97,  447;  102,  518;  102,  519;  104,  620; 
106,  130;  106,  131;  106,  132;  106,  135;  106,  136;  106, 
137;  107,  515;    107,  517;    117,  519;   117,  698;    117,  701; 

118,  625;    118,   626;    119,  684;    134,   595;    135,  185;    137, 
465. 

§  3786.     Recitals   in    deed     primary    evidence    of    what. 

The  matters  recited  in  the  certificate  of  sale  must  be 
recited  in  the  deed,  and  such  deed,  duly  acknowledged  or 
proved,  is  primary  evidence  that: 

1.  The  property  -was  assessed  as  required  by  law; 

2.  The  property  was  equalized  as  required  by  law; 

3.  The  taxes  were  levied  in  accordance  with  law; 

4.  The  taxes  were  not  paid; 

5.  At  a  proper  time  and  place  the  property  was  sold  as 
prescribed  by  law,  and  by  the  proper  officer; 

6.  The  property  was  not  redeemed; 

7.  The  person  who  executed  the  deed  was  the  proper 
officer; 

8.  Where  the  real  estate  was  sold  to  pay  taxes  on  per- 
sonal property,  that  the  real  estate  belonged  to  the  person 
liable  to  pay  the  tax.    En.  March  12,  1872. 

Tax  certificate,  what  must  contain:  Ante,  sec.  3776. 

Cal.  Rep.  Cit.  53,  180;  53,  394;  54,  523;  67,  489;  78,  148 
79,  139;  80,  395;  92,  386;  93,  396;  94,  659;  96,  3(8 
96,  379;  96,  504;  102,  518;  108,  363;  117,  703;  118,  624 

119,  684;  119,  685;  122,  542;  130,  132;  130,  133;  131,  84 
132,    513;     139,    524. 

§  3787.  Deed  conclusive  evidence  of  what.  Such  deed, 
duly  acknowledged  or  proved,  is  (except  as  against  actual 
fraud)  conclusive  evidence  of  the  reguarity  of  ail  other 
proceedings,  from  the  assessment  by  the  assessor,  in- 
clusive, up  to  the  execution  of  the  deed.  Such  deed  con- 
veys to  the  state  the  absolute  title  to  the  property  de- 
scribed therein,  free  of  all  incumbrances,  except  when  the 
land  Is  owned  by  the  United  States,  or  this  state,  in  which 
case  it  is  prima  facie  evidence  of  the  right  of  possession, 
accrued  as  of  the  date  of  the  deed  to  the  state.  En.  March 
12.  1872.     Am'd.   1895.   325. 


875  COLLECTION   OF   PROPERTY   TAXES.  §  3788 

Cal.  Rep.  Cit.  96,  378;  96,  379;  96,  381;  96,  504;  97,  447; 
108,  363;  119,  684;  119,  685;  122,  542;  130,  132;  130, 
133;    131,    84;    139,    524. 

§  3788.  State  lands  not  paid  for  in  full  subject  to  entry 
and  sale.  When  state  lands,  upon  which  the  full  purchase 
price  of  one  dollar  and  twenty-five  cents  per  acre  has 
not  been  paid,  and  the  deed  therefor  to  the  state  provided 
for  in  section  three  thousand  seven  hundred  and  eighty- 
five  has  been  forwarded  to  and  filed  with  the  surveyor- 
general,  the  said  lands  shall  again  become  subject  to  entry 
and  sale,  in  the  same  manner,  and  subject  to  the  same 
conditions,  as  apply  to  other  state  lands  of  like  character, 
except  that  the  former  possessors  of  the  lands  thus  deeded 
to  the  state,  their  heirs  or  assigns,  shall  be  preferred 
purchasers  thereof  for  the  period  of  six  months  after  the 
deeds  are  filed  with  the  surveyor-general;  but  the  surveyor- 
general  shall  not  permit  an  entry,  or  make  a  sale  of  any 
lands  thus  deeded  to  the  state,  except  upon  the  previous 
payment  into  the  state  treasury,  as  other  moneys  are 
required  to  be  paid  therein,  in  addition  to  the  price  of 
said  lands  as  compared  with  the  price  fixed  for  other  state 
lands  of  like  character,  by  the  person  or  persons  proposing 
to  make  the  entry  or  purchase,  of  a  sum  equal  to  the 
delinquent  taxes,  penalties,  costs,  and  accruing  costs,  by 
virtue  whereof  the  state  became  a  purchaser  of  the  lands 
thus  sought  to  be  entered  or  purchased,  and  also  all  de- 
linquent taxes,  penalties,  and  costs,  which  may  have  ac- 
crued upon  such  lands  prior  to  and  subsequent  to  the  date 
of  the  sale  to  the  state,  in  pursuance  of  which  the  state 
received  a  deed  therefor.  The  money  thus  paid  into  the 
treasury  shall  be  distributed  in  the  manner  prescribed  in 
section  three  thousand  eight  hundred  and  sixteen;  pro- 
vided, that  the  moneys  received  for  twenty  per  cent  of 
the  purchase  money  and  accruing  interest,  together  with 
the  principal,  in  case  of  full  payment  on  the  lands,  shall 
be  distributed  by  the  surveyor-general,  in  the  manner  now 
provided  by  law  for  such  distribution.  En.  March  12,  1872. 
Am'd.  1873-4,  54;   1875-6,  63;   1885,  3;   1895,  20;   1895,  325. 

Cal.  Rep.  Cit.     104,  447;   104,  448;  104,  450;   117,  698;   117 
699;   118,  494;  118,  495;  131,  82;  138,  125. 

There  was  also  adopted  at  the  same  session  another 
section  3788  (p.  20),  as  follows: 

Such  deed  conveys  to  the  state  the  absolute  title  to  the 
property  described  therein,  as  of  the  date  of  the  expiration 
of  the  period  of  five  years  from  the  date  of  the  sale  of 


§  3789  COLLECTION  OF  PROPERTY   TAXES.  876 

said  property  to  the  state,  free  of  all  incumbrances,  except 
when  the  land  is  owned  by  the  United  States  or  this  state, 
in  which  case  it  is  prima  facie  evidence  of  the  right  of 
possession,  accrued  as  of  the  date  of  the  deed  to  this  state. 
All  said  deeds  when  recorded  by  the  recorders  of  the 
several  counties,  as  prescribed  in  section  thirty-seven  hun- 
dred and  eighty-five  of  this  code,  shall  be  duly  certified 
by  such  county  recorder,  and  shall  be  duly  filed  in  the 
office  of  the  surveyor-general,  and  thereupon  the  land  shall 
again  become  subject  to  entry  and  sale  in  the  same  man- 
ner, and  subject  to  the  same  conditions,  as  apply  to  other 
state  lands  of  like  character,  except  that  the  former  pos- 
sessors of  lands  thus  deeded  to  the  state,  their  heirs  or 
assigns,  shall  be  preferred  purchasers  thereof  for  the 
period  of  six  months  after  the  deeds  are  filed  with  the 
surveyor-general,  as  prescribed  in  this  action;  but  the 
surveyor-general  shall  not  permit  an  entry,  or  make  a 
sale  of  any  lands  thus  deeded  to  the  state,  except  upon  the 
previous  payment  into  the  state  treasury,  in  addition  to 
the  price  of  said  lands,  as  compared  with  the  price  fixed 
for  other  state  lands  of  a  like  character,  by  the  person  or 
persons  proposing  to  make  the  entry  or  purchase,  of  a  sum 
equal  to  the  delinquent  taxes,  costs,  and  penalties,  by  vir- 
tue whereof  the  state  became  a  purchaser  of  the  lands 
thus  sought  to  be  entered  or  purchased,  and  also  all  de- 
linquent taxes,  costs,  and  penalties  which  may  have  ac- 
crued upon  such  lands  subsequent  to  the  date  of  the  sale 
to  the  state,  in  pursuance  of  which  the  state  received  a 
deed  therefor.  The  money  thus  paid  into  the  state  treas- 
ury shall  be  distributed  in  the  manner  prescribed  in  sec- 
tion thirty-eight  hundred  and  sixteen  of  this  code.  In  all 
cases  where  land  has  heretofore  been  sold  to  the  state  for 
delinquent  taxes,  the  deed  therefor  shall  be  made  within 
one  year  after  this  act  takes  effect;  provided,  five  years 
shall  have  elapsed  after  the  date  of  such  sale. 

§  3789.  Prima  facie  evidence  of  assessment;  what  con- 
stitutes. The  assessment  book,  or  delinquent  list,  or  copy 
thereof,  certified  by  the  county  auditor,  showing  unpaid 
taxes  against  any  person  or  property,  is  prima  facie  evi- 
dence of  the  assessment,  the  property  assessed,  the  de- 
linquency, the  amount  of  taxes  due  and  unpaid,  and  that 
all  the  forms  of  law  in  relation  to  the  assessment  and 
levy  of  taxes  have  been  complied  with.  En.  March  12,  1872. 
Am'd.  1873-4,  149;   1895,  32G. 

Cal.  Rep.  Cit.     96,  63G. 


87T  COLLECTION  OF  PROPERTY  TAXES.  §§  3790-3796 

§  3790.     Seizure  and  sale  of  personal  property  for  taxes. 

The  tax  collector  of  each  county,  and  city  and  county,  shall 
have  power,  and  it  is  hereby  made  his  duty  at  any  time 
after  receiving  from  the  county  auditor  the  assessment 
books  in  pursuance  of  the  provisions  of  section  thirty- 
seven  hundred  and  thirty-two  of  the  Political  Code,  to  col- 
lect the  taxes  due  on  personal  property,  except  when  real 
estate  is  liable  therefor,  by  seizure  and  sale  of  any  per- 
sonal property  owned  by  the  delinquent.  En.  March  12, 
1872.     Am'd.   1875-6,  61;    1895,  326;    1901,  649. 

See  post,  sees.  3820  et  seq.,  as  to  collection  of  taxes  by 
assessor. 

§  3791.  Manner  of  conducting  sale,  etc.  The  sale  must 
be  at  public  auction,  and  of  a  sufficient  amount  of  the 
property  to  pay  the  taxes,  percentage,  and  costs.  En. 
March  12,  1872. 

§  3792.  Sale  must  be  made  after  notice.  The  sale  must 
be  made  after  one  week's  notice  of  the  time  and  place 
thereof,  given  by  publication  in  a  newspaper  in  the  county, 
or  by  posting  in  three  public  places.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     53,  394. 

§  3793.  Collector's  charges  and  mileage.  For  seizing  or 
selling  personal  property,  the  assessor  may  charge  in  each 
case  the  sum  of  three  dollars,  and  the  same  mileage  as  is 
allowed  by  law  to  the  sheriff  of  the  county.  En.  March  12, 
1872.     Am'd.   1895.  326. 

§  3794.  Title  vests  in  purchaser  on  payment.  On  pay- 
ment of  the  price  bid  for  any  property  sold,  the  delivery 
thereof  with  a  bill  of  sale,  vests  the  title  thereto  in  the 
purchaser.     En.  March  12,  1872. 

§  3795.  Excess  of  proceeds;  disposition  of.  All  excess 
over  the  taxes,  per  cent,  and  costs  of  the  proceeds  of  any 
such  sale,  must  be  returned  to  the  owner  of  the  property 
sold,  and  until  claimed  must  be  deposited  in  the  county 
treasury,  subject  to  the  order  of  the  owner,  heirs,  or  as- 
signs.   En.  March  12,  1872. 

§  3796.     Unsold  portion  to  remain  at  risk  of  owner.     The 

unsold  portion  of  any  property  may  be  left  at  the  place 
of  sale  at  the  risk  of  the  owner.     En.  March  12,  1872. 


§§  3797-3802       COLLECTION   OP   PROPERTY   TAXES.  Vl» 

§  3797.  Comparison  of  delinquent  list  with  unpaid  as- 
sessments. The  tax  collector  must,  on  or  before  the  last 
day  in  June  of  each  year,  attend  at  the  office  of  the  au- 
ditor with  the  delinquent  list,  with  all  items  collected 
marked  "paid"  thereon,  and  the  auditor  must  then  care- 
fully compare  the  list  with  the  assessment  of  persons  and 
property  not  marked  "paid"  on  the  assessment  book,  and 
when  taxes  have  been  paid,  must  note  the  fact  in  the  ap- 
propriate column  in  the  assessment  book.  En.  March  12, 
1872.     Am'd.  1891,  449;    1895,  326. 

Cal.  Rep.  Cit.    46,  529;   66,  25;   118,  496. 

§  3798.  Oath  administered  to  tax  collector.  The  auditor 
must  then  administer  to  the  tax  collector  an  oath,  to  be 
written  and  subscribed  in  the  delinquent  list,  that  every 
person  and  all  property  assessed  in  the  delinquent  list  on 
which  taxes  have  been  paid  has  been  credited  in  the  list 
with  such  payment.     En.  March  12,  1872. 

§  3799.     Final  settlement  of  collector  with  auditor.     The 

auditor  must  then  foot  up  the  amount  of  taxes  unpaid,  and 
credit  the  tax  collector  with  the  amount,  and  have  a  final 
settlement  with  him;  and  the  delinquent  list  must  remain 
on  file  in  the  auditor's  office.  En.  March  12,  1872.  Am'd. 
1875-6,  59;   1895,  327. 

§  3800.  Collector's  affidavit,  indorsed  on  list.  At  the 
time  mentioned  in  section  three  thousand  seven  hundred 
and  sixty-four  the  tax  collector  must  make  an  affidavit, 
indorsed  on  the  list,  that  the  taxes  not  marked  "paid"  have 
not  been  paid.  En.  March  12,  1872.  Am'd.  1891,  449;  1895, 
327. 

§  3801.  List  of  lands  sold.  It  shall  be  the  duty  of  the 
tax  collector,  within  thirty  days  after  the  sale  of  any  land 
for  delinquent  taxes,  to  furnish  to  the  auditor  the  complete 
printed  list  of  all  such  lands  so  sold,  and  thereupon 
the  auditor  shall  enter  upon  the  assessment  book  of  the 
current  year,  immediately  after  the  description  of  the 
property,  the  fact  that  said  property  has  been  sold  for 
taxes,  and  the  date  of  such  sale.  En.  March  12,  1872. 
Rep.  1873-4,  150.  En.  Stats.  1895,  21;  1895,  327.  Am'd.  1897. 
432. 

Cal.  Rep.  Cit.    46,  529. 

§  3802.     Unpaid  taxes  not  canceled  to  be  entered.     (Re- 
pealed.)    En.    March    1,    1872.     Rep.    1875-G,    59. 
Cal.  Rep.  Cit.     4G,  627. 


879  COLLECTION   OF   PROPERTY   TAXES.  5§  3803,  3804 

§  3803.     Idem.     (Repealed.)     En.  March  12,    1872.    Rep. 
1895,  327. 

Cal.   Rep.   Cit.     53,  23G;    6G,  25;    68,  IG;    G8,  553;    7G,  272; 
76,  276;   105,  595. 

§  3804.     Taxes    illegally   collected   to   be   refunded.     Any 

taxes,  penalties  or  costs  thereon  heretofore  or  hereafter 
paid  more  than  once,  or  heretofore  or  hereafter  errone- 
ously or  illegally  collected,  or  any  taxes  heretofore  or  here- 
after paid  upon  an  assessment  in  excess  of  the  actual  cash 
value  of  the  property  so  assessed,  by  reason  of  a  clerical  er- 
ror of  the  assessor,  as  to  the  excess  in  such  cases,  or  any  tax 
heretofore  or  hereafter  paid  upon  an  erroneous  assessment 
of  improvements  on  real  estate  not  in  fact  in  existence  when 
said  tax  became  a  lien,  may,  by  order  of  the  board  of  super- 
visors, be  refunded  by  the  county  treasurer.  Whenever  any 
payment  shall  have  been  made  to  the  state  treasurer,  by 
the  county  treasurer,  as  provided  by  section  3865  and  sec- 
tion 3866  of  this  code,  and  it  shall  afterwards  appear  to  the 
satisfaction  of  the  board  of  supervisors  that  a  portion  of 
the  money  so  paid  should  be  refunded  as  herein  provided, 
said  board  of  supervisors  may  refund  such  portion  of  the 
said  taxes,  penalties  and  costs  so  paid  to  the  said  treasurer 
to  the  person  entitled  to  the  same  out  of  the  general  fund, 
and  upon  the  rendering  of  the  report  required  by  section 
3668  of  this  code  the  auditor  shall  certify  to  the  controller, 
in  such  form  as  the  controller  may  prescribe,  all  amounts 
so  refunded,  and  in  the  next  settlement  of  the  county  treas- 
urer with  the  state  the  controller,  if  satisfied  of  the  legal- 
ity of  such  refunding,  by  the  said  board,  shall  give  such 
treasurer  credit  for  the  state's  portion  of  the  amounts  so 
refunded  as  prescribed  in  section  3871  of  this  code;  pro- 
vided further,  that  where  the  taxes,  penalties  and  costs 
herein  referred  to  are  levied  in  behalf  of  any  school  dis- 
trict, muncipality  or  other  public  or  municipal  corpora- 
tion, and  said  corporation  has  money  in  the  county  treas- 
ury, said  order  to  refund  shall  not  be  made  except  upon  a 
certified  copy  of  an  order  of  the  governing  body  of  such 
corporation  authorizing  said  payment,  in  which  case  the 
amount  refunded  shall  be  paid  by  the  county  treasurer 
from  the  county  fund  of  such  school  district,  or  from  the 
appropriate  fund  of  such  corporation;  provided  further, 
however,  that  no  order  of  the  board  of  supervisors  to  re- 
fund taxes,  penalties  or  costs  shall  be  made  except  upon  a 
verified  claim  therefor  filed  within  three  years  after  the 


§  3805  COLLECTION    OF    PROPERTY    TAXES.  880 

making  of  the  payment  sought  to  be  refunded.     En.  March 
12,   1872.     Am'd.    1889,   347;    1895,   327;    1901,   648;    1905,   38. 

Cal.  Rep.  Cit.  59,  457;  67,  504;  68,  242;  68,  575;  99,  77; 
99,  78;  99,  80;  99,  81;  117,  467;  117,  469;  134,  474; 
134,  476;  142,  661;  142,  662;  142,  664;  142,  665;  144, 
89;    144,   90;    146,   537. 

§  3805.  When  land  assessed  more  than  once-  When  the 
tax  collector  discovers  that  any  property  has  been  assessed 
more  than  once  for  the  same  year,  he  must  collect  only 
the  tax  justly  due  and  make  return  of  the  facts,  by  his 
certificate,  to  the  auditor  and  board  of  supervisors;  the 
board  shall  thereupon  enter  an  order  upon  its  minutes 
directing  the  auditor  to  cancel  such  doubl'"  assessment 
by  an  entry  on  the  margin  of  the  assessment  book,  as 
also  upon  the  delinquent  list,  should  such  double  assess- 
ment be  carried  therein.  If  the  property  assessed  under 
such  double  assessment  has  been  sold  to  the  state,  and 
a  certificate  of  sale  or  deed  therefor  has  been  issued  to 
the  state,  the  order  of  the  board  shall  further  dii'ect  the 
county  recorder  to  cancel  such  erroneous  certificate  of 
sale  and  deed  so  issued,  before  the  state  has  disposed 
of  the  property  thereby  conveyed;  provided,  no  cancel- 
lation of  a  double  assessment,  certificate  of  sale  or  deed 
shall  be  made  in  any  case  until  the  taxes,  penalties,  costs 
and  other  charges  by  \avf  against  the  property  on  one 
of  such  assessments  shall  have  been  paid. 

In  case  the  tax  collector  issues  an  erroneous  certificate 
of  sale,  or  deed,  to  any  property  upon  which  the  taxes 
have  been  fully  paid  for  the  year  therein  mentioned,  such 
fact  shall  be  certified  to  the  board  of  supervisors  by  the 
auditor  and  tax  collector,  and  thereupon  said  board  shall 
make  and  enter  in  its  minutes  an  order  authorizing  the 
county  recorder  to  cancel  such  eri'oneous  certificate  or 
deed. 

Whenever  a  sale  of  property  has  been  made  for  the 
non-payment  of  a  poll  tax  unlawfully  assessed,  or  which, 
if  lawfully  assessed,  has  been  paid  and  payment  has  not 
been  properly  noted,  the  board  of  supervisors  may,  upon 
proof  thereof,  by  an  order  entered  upon  its  minutes,  direct 
the  county  recorder  to  cancel  the  certificate  of  sale  or 
deed  issued  to  the  state  under  such  sale,  so  far  as  the 
same  relates  to  said  poll  tax,  at  any  time  before  the  state 
has  disposed  of  such  property;  provided,  that  where  real 
property  other  than  that  belonging  to  a  person  liable  for 


881  COLLECTION   OF   PROPERTY   TAXES.  §  3805a 

poll  tax  on  the  first  Monday  of  March  of  the  year  in  which 
such  poll  tax  became  due,  has  been  erroneously  sold  for 
the  poll  tax  of  such  person,  the  board  of  supervisors,  upon 
satisfactory  proof  of  ownership  of  the  said  property, 
may  order  the  certificate  of  sale  or  deed  canceled;  pro- 
vided further,  however,  that  no  such  order  shall  be  made 
if  the  person  liable  for  said  poll  tax  owned  any  interest 
whatever  in_  said  property  on  said  first  Monday  in  March, 
when  said  tax  became  due,  or  owned  any  interest  therein 
at  the  time  of  the  application  for  such  cancellation.  En. 
March  12,  1872.     Am'd.  1895,  328;    1897,  433;    1901,  649. 

§  3805a.  Public  lands  upon  which  final  payment  has  not 
been  made;  if  land  has  been  sold  to  state  for  taxes,  cancel- 
lation of  assessment.  Whenever  the  possessory  interest  in 
land  belonging  to  the  United  States,  or  land  upon  which 
final  payment  had  not,  at  the  time  of  assessment,  been 
made  to  the  United  States,  or  land  of  this  state  upon  which 
the  full  purchase  price  has  not  or  had  not  been  made  to 
the  state,  has  been,  or  may  hereafter  be,  assessed  and  sold 
to  the  state  for  delinquent  state,  county  or  local  district 
taxes,  or  whenever  the  taxes  levied  against  any  such  pos- 
sessory interests  in  lands,  or  against  any  such  state  lands, 
have  not  been  paid,  the  board  of  supervisors  shall,  upon 
verified  application  of  the  owner  of  the  land,  by  an  order 
entered  upon  its  minutes,  direct  the  auditor  to  cancel  such 
assessment;  and  if  the  property  under  such  assessment 
has  been  sold  to  the  state,  and  a  certificate  of  sale  or  deed 
thereon  issued  to  the  state,  such  order  of  the  board  shall 
further  direct  the  recorder  to  cancel  such  certificate  of  sale 
and  deed;  provided,  that  no  order  to  cancel  any  such  as- 
sessments, certificates  of  sale  or  deeds  shall  be  made  where 
the  person  or  persons  to  whom  such  land  or  possessory 
interests,  or  state  lands,  his  or  their  successors  or  as- 
signs, have,  after  such  assessment,  obtained  from  the 
United  States  or  this  state  a  patent  or  the  absolute  title  to 
said  lands  or  retain  any  interest  thei-ein,  or  been  in  posses- 
sion of  the  premises,  and  provided  that  no  order  to  cancel 
any  assessment  shall  be  made  whereby  the  person  or  per- 
sons, his  or  their  siiccessors  or  assigns  shall  be  relieved  from 
paying  the  taxes  upon  said  property  for  the  full  time  he 
or  they  have  ,had  the  possession  of  said  property,  no  mat- 
ter in  whose  name  said  property  was  or  had  been  assessed. 
Before  an  order  to  cancel  such  assessment,  certificate  of 
sale  or  deed  shall  be  granted,  the  applicant  shall  file  with 
the  board  a  certificate  of  the  register  of  the  United  States 

Pol.  Code— 56 


§§  3805t)-3806       COLLECTION   OF   PROPERTY   TAXES.  882 

land  office,  or  of  the  state  land  office,  showing  that  the 
person  or  persons  to  whom  such  assessment  was  made, 
his  or  their  successors  and  assigns,  never  received  a  pat- 
ent or  otherwise  acquired  title  to  said  lands.  Upon  effect- 
ing the  cancellations  provided  for  in  this  and  the  preced- 
ing section,  all  assessments,  certificates  of  sale  and  deeds 
the  subject  of  such  cancellation  shall  be  null  and  void. 
En.  Stats.  1901,  650.     Am'd.  1905,  90. 

§  3805b.  Clerical  errors  in  certificate  of  sale,  correction 
of.  When  real  property  has  been  correctly  assessed 
and  sold  to  the  state  for  delinquent  state  and  county 
taxes,  any  misstatement  of  facts  or  clerical  errors  occur- 
ring or  appearing  in  the  certificate  of  sale,  or  in  the 
deed  issued  thereon,  may  be  corrected  by  the  tax  col- 
lector, or  his  successor  in  office,  upon  an  order  of  the 
board  of  supervisors,  entered  upon  its  minutes  directing 
correction,  by  the  issuance  of  a  new  or  amended  certi- 
ficate of  sale,  or  tax  deed,  when  it  can  be  determined  by 
the  assessment  and  subsequent  proceedings  what  was 
originally  intended.  When  a  new  or  amended  certificate 
of  sale  or  tax  deed  is  issued  under  these  provisions,  such 
certificate  or  deed  shall  be  in  letters  and  figures,  as  far 
as  practicable,  the  same  as  the  original,  excepting  as  to 
the  correction  of  the  error  or  omission,  and  shall  also 
contain  a  statement  giving  reasons  for  the  issuance  of 
the  new  or  amended  certificate  of  sale  or  deed.  The 
provision  herein  relative  to  correction  of  errors  in  cer- 
tificates of  sale  and  deeds  shall  apply  only  to  all  sales 
of  property  heretofore  or  hereafter  made  wherein  the 
state  was  or  is  the  purchaser.  When  any  deed  to  the 
state  is  canceled  under  this  or  the  preceding  two  sec- 
tions, and  the  deed  has  been  filed  with  the  controller,  the 
recorder  shall  immediately  notify  the  controller  of  such 
cancellation.     En.  Stats.  1901,  651. 

§  3806.     Land   irregularly  assessed,  etc.,  not  to  be  sold. 

If  the  collector  discovers  before  the  sale  that  on  account 
of  irregular  assessment,  or  of  any  other  error,  any  land 
ought  not  to  be  sold,  he  must  not  offer  the  same  for  sale; 
and  the  board  of  supervisors  must  cause  the  assessor  to 
enter  the  uncollected  taxes  upon  the  assessment  book 
of  the  next  succeeding  year,  to  be  collected  as  other  taxes 
entered  thereon.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     147,  562. 


883  COLLECTION    OF   PROPERTY   TAXES.  §§  3807-381i 

§  3807.  What  mistakes  do  not  affect  sale  of  property 
for  taxes.  When  laud  is  sold  for  taxes  correctly  Im- 
posed as  the  property  of  a  particular  person,  no  misnomer 
of  the  owner,  or  supposed  owner,  or  other  mistake  re- 
lating to  the  ownership  thereof,  affects  the  sale,  or  renders 
it  void  or  voidable.     En.  March  12,  1872. 

§  3808.  Collection  of  taxes  from  persons  assessed,  but 
removed  to  another  county.  If  any  person  removes  from 
one  county  to  another,  after  being  assessed  on  personal 
property,  the  assessor  of  the  county  in  which  he  was 
assessed  may  employ  an  attorney  to  sue  for  and  collect 
the  same  in  the  assessor's  name;  but  such  assessor  shall 
not  be  relieved  from  the  provisions  of  this  chapter.  En. 
March  12,  1872.     Am'd.  1895,  328. 

Tax  suits,  generally:  See  post,  sec.  3899. 

§  3809.     Evidence   on    trial    of  suit  for   such   taxes.     On 

the  trial  a  certified  copy  of  the  assessment,  signed  by 
the  auditor  of  the  county  where  the  same  was  made, 
with  the  affidavit  of  the  collector  thereto  attached,  that 
the  tax  has  not  been  paid,  describing  it  as  on  the  assess- 
ment book  or  delinquent  list,  is  primary  evidence  that 
such  tax  and  the  per  centum  is  due,  and  entitles  him  to 
judgment,  unless  the  defendant  proves  that  the  tax  was 
paid.    En.  March  12,  1872.     (See  sees.  3788-9.) 

§  3810.  Ex^penses  of  proceedings,  how  paid.  (Repealed.) 
En.  March  12,  1872.     Rep.  1895,  828. 

§  3811.     When    assessments    void    in    part.     (Repealed.) 
En.  Stats.  1873-4,  150.     Rep.   1895.  328. 
Cal.  Rep.  Cit.    51.  638;  53,  235. 

§  3812.     Duty  when  sale  protested  against.     (Repealed.) 
En.  Stats.  1873-4,   150.    Rep.   1895,   328. 
Cal.  Rep.  Cit.     73,  613. 

§  3813.     Property  sold    to    state  assessed    subsequently. 

In  case  property  assessed  for  taxes  is  purchased  by  the 
state,  pursuant  to  provisions  of  section  three  thousand 
seven  hundred  and  seventy-one*  of  this  code,  it  shall  be 
assessed  each  subsequent  year  for  taxes  until  a  deed  is 
made  to  the  state  therefor  in  the  same  manner  as  if  it  had 

♦Amendment  of  February  25,   1S95,    Stats.   1895,   p.   21,   Of  the  same  sec- 
tion read   "3773"   Instead  of   '•3771." 


§§  3814-3816  COLLECTION   OF  PROPERTY   TAXES.  »84 

not   been    so    purchased.    En.     Stats.    1873-4,    151.    Am'd. 
1895,   21;    1895,    328. 

§  3814.  After  sold  to  state  no  sale  to  be  had  for  assess- 
ments. In  case  an  assessment  is  made  under  the  provi- 
sions of  section  three  thousand  eight  hundred  and  thirteen 
of  this  code,  and  the  lands  are  not  redeemed  from  a  pre- 
vious sale  had  under  section  three  thousand  seven  hundred 
and  seventy-one,  as  provided  by  law,  no  sale  shall  be  had 
under  the  assessment  authorized  by  said  section  three 
thousand  eight  hundred  and  thirteen.  En.  Stats.  1873-4, 
151.     Am'd.   1895,    229. 

§  3815.  Ail  costs  must  be  paid  before  redemption.  In 
case  property  is  sold  to  the  state,  pursuant  to  section 
three  thousand  seven  hundred  and  seventy-one  of  this 
code,  and  is  subsequently  assessed  pursuant  to  section 
three  thousand  eight  hundred  and  thirteen  of  this  code, 
no  person  shall  be  permitted  to  redeem  from  such  sale, 
except  upon  payment  of  the  amount  of  such  subsequent 
assessments,  costs,  fees,  penalties,  and  interest.  En. 
Stats.  1873-4,  151.     Am'd.   1895,  329. 

Cal.  Rep.  Cit.    137,  104. 

§  3816.  Distribution  of  redemption  moneys.  Whenever 
property  sold  to  the  state,  pursuant  to  the  provisions  of 
this  chapter,  shall  be  redeemed  as  herein  provided,  the 
moneys  received  on  account  of  such  redemption  shall 
be  distributed  as  follows: 

The  original  and  subsequent  taxes,  and  percentages, 
penalty,  and  the  interest  paid  on  redemption,  shall  be 
apportioned  between  the  state  and  county,  or  city  and 
county,  in  the  same  proportion  that  the  state  rate  bears 
to  the  county,  or  city  and  county  rate  of  taxation;  the 
additional  penalties  received  on  account  of  delinquency 
together  with  the  costs  shall  be  paid  into  the  treasury  for 
the  use  and  benefit  of  the  county,  or  city  and  county; 
the  total  amount  received  for  state  poll  tax  shall  be 
paid  to  the  state,  without  deduction  of  any  percentages; 
the  amounts  received  for  road  or  hospital  poll  tax,  and 
the  amounts  received  for  school,  or  road  district,  or  other 
taxes,  together  with  the  penalties  thereon,  shall  be  paid 
into  the  county  treasury  and  placed  to  the  credit  of  the 
proper  funds.  The  county  treasurer  and  auditor  shall 
each  keep  an  accurate  account  of  any  and  all  moneys 
received  in  pursuance  of  this  section,  and  shall  at  the  time 
the  treasurer   is    required   to   settle    with   the    state,   in 


885  COLLECTION   OP   PROPERTY   TAXES.  g  3817 

pursuance  of  sections  three  thousand  eight  hundred  and 
sixty-five,  three  thousand  eight  hundred  and  slxty-slx, 
and  three  thousand  eight  hundred  and  sixty-eight,  make  a 
detailed  report,  verified  by  their  affidavit,  of  each  account, 
year  for  year,  to  the  controller  of  state,  in  such  form 
as  the  controller  may  desire.  En.  Stats.  1873-4,  152.  Am'd. 
1877-8,  65;  1891,  449;  1895,  21;  1895,  329. 
Cal.  Rep.  Cit.     106,  134. 

At  the  same  session  there  was  adopted  another  section 
3816,  reading  as  follows: 

Whenever  property  sold  to  the  state,  pursuant  to 
the  provisions  of  this  chapter,  shall  be  redeemed  as  herein 
provided,  the  moneys  received  on  account  of  such  redemp- 
tion shall  be  distributed  as  follows:  The  original  and 
subsequent  taxes,  and  all  percentages  and  penalties  paid 
in  redemption,  except  as  hereinafter  provided,  shall  be 
apportioned  between  the  state  and  county,  in  the  same 
proportion  that  the  state  tax  bears  to  the  county  tax; 
the  five  per  cent  additional,  and  the  money  received  for 
delinquent  poll  tax,  shall  be  paid  to  the  county;  the  per- 
centage allowed  for  the  collection  of  the  delinquent  poll 
tax  shall  be  paid  to  the  collector,  and  the  costs  to  the 
parties  entitled  thereto.  The  county  treasurer  shall  keep 
an  accurate  account  of  all  money  paid  in  redemption  of 
property  sold  to  the  state,  and  shall,  on  the  first  Monday 
of  June  in  each  year,  make  a  detailed  report,  verified 
by  his  affidavit,  of  each  account,  year  for  year,  to  the 
controller  of  state,  in  such  form  as  the  controller  may 
desire.  Whenever  the  state  shall  receive  from  the  tax 
collector  any  grant  of  property  so  sold  for  taxes,  the 
same  shall  be  recorded,  at  the  request  of  the  county 
treasurer,  free  of  charge,  by  the  county  recorder,  and 
shall  be  immediately  reported  by  the  county  treasurer 
to  the  state  board  of  equalization.  [Amendment  approved 
February  25,  1895,  Stats.  1895,  p.  21.  In  effect  imme- 
diately.] 

§  3817.  Redemption  by  heirs,  executors  et  al.  In  all 
cases  where  real  estate  has  been  sold,  or  may  hereafter  be 
sold  for  delinquent  taxes  to  the  state,  and  the  state  has  not 
disposed  of  the  same,  the  person  whose  estate  has  been,  or 
may  hereafter  be  sold,  his  heirs,  executors,  administrators, 
or  other  successors  in  interest,  shall,  at  any  time  after  the 
same  has  been  sold  to  the  state,  and  before  the  state  shall 
have  disposed  of  the  same,  have  the  right  to  redeem  such 
real  estate  by  paying  to  the  county  treasurer  of  the  county 


§  3S17  COLLECTION  OF  PROPERTY   TAXES.  886 

wherein  the  real  estate  may  be  situated,  the  amount  ol 
taxes,  penalties  and  costs  due  thereon  at  the  time  of  said 
sale,  with  interest  on  the  aggregate  amount  of  said  taxes, 
at  the  rate  of  seven  per  cent  per  annum;  and  also  all  taxes 
that  were  a  lien  upon  said  real  estate  at  the  time  said  taxes 
became  delinquent;  and  also  all  unpaid  taxs  of  every  de- 
scription assessed  against  the  property  for  each  year  since 
the  sale;  or,  if  not  so  assessed,  then  upon  the  value  of  the 
property  as  assessed  in  the  year  nearest  the  time  of  such 
redemption,  with  interest  from  the  first  day  of  July  fol- 
lowing each  of  said  years,  respectively  at  the  same  rate, 
to  the  time  of  redemption;  and  also  all  costs  and  expenses 
of  such  redemption,  and  penalties  as  follows,  to  wit: 
Ten  per  cent  if  redeemed  within  six  months  from  the 
date  of  sale;  twenty  per  cent,  if  redeemed  within  one 
year  therefrom;  thirty  per  cent,  if  redeemed  within  two 
years  therefrom;  forty  per  cent  if  redeemed  within  three 
years  therefrom;  forty-five  per  cent  if  redeemed  within 
four  years  therefrom;  and  fifty  per  cent,  if  redeemed  with- 
in five  or  any  greater  number  of  years  therefrom.  The 
penalty  shall  be  computed  upon  the  amount  of  each  year's 
taxes  in  like  manner,  reckoning  from  the  time  when  the 
lands  would  have  been  sold  for  the  taxes  of  that  year, 
if  there  had  been  no  previous  sale  thereof.  The  county 
auditor  shall,  on  the  application  of  the  person  desiring 
to  redeem,  make  an  estimate  of  the  amount  to  be  paid, 
and  shall  give  him  triplicate  certificates  of  the  amount, 
specifying  the  several  amounts  thereof,  which  certificates 
shall  be  delivered  to  the  county  treasurer,  together  with  the 
money,  and  the  county  treasurer,  shall  give  triplicate  re- 
ceipts, written  or  indorsed  upon  said  certificates,  to  the 
redemptioner,  who  shall  deliver  one  of  said  receipts  to 
the  state  controller,  and  one  to  the  county  auditor,  taking 
their  receipts  therefor.  The  county  treasurer  shall  settle 
for  the  moneys  received  as  for  other  state  and  county 
moneys.  Upon  the  payment  of  the  money  specified  in 
said  certificate,  and  the  giving  of  the  receipts  aforesaid 
by  the  treasurer,  controller,  and  auditor,  any  deed  or 
certificate  of  sale  that  may  have  been  made  to  the  state 
shall  become  null  and  void,  and  all  right,  title,  and  in- 
terest acquired  by  the  state,  under  and  by  virtue  ot 
the  tax  sale,  shall  cease  and  determine.  Upon  consumma- 
tion of  the  redemption,  the  auditor  shall  report  same  to  the 
recorder,  whereupon  the  recorder  shall,  without  payment  of 
fee,  note  on  the  margin  of  the  certificate  of  sale,  or  deed, 
if  issued,  the  fact  of  such  redemption,  date,  and  by  whom 
redeemed.    The  receipts  of  the  county  treasurer,  controller. 


887  COLLECTION  OP  PROPEBTT  TAXES.  §§  3818,  3819 

and  county  auditor  may  be  recorded  in  the  recorder's  office 
of  the  county  in  which  said  real  estate  is  situated,  in  the 
book  of  deeds,  and  the  record  thereof  shall  have  the  same 
effect  as  that  of  a  deed  of  reconveyance  of  the  interest  con- 
veyed by  such  deed  or  certificate  of  sale.  This  act  shall  ap- 
ply to  state  lands  sold  by  the  state  v?hen  the  full  amount 
of  the  purchase  price  of  one  dollar  and  twenty-five  cents 
per  acre  has  not  been  paid  to  the  state  therefor,  except 
when  the  deed  to  the  state,  provided  for  in  section  three 
thousand  seven  hundred  and  eighty-five,  has  been  filed  with- 
the  surveyor-general.  En.  Stats.  1883,  23.  Am'd.  1895,  22; 
1895,  329;  1897,  433;  1901,  651;  1905,  499. 
Cal.  Rep.  Cit.     106,  130;   106,  332;   106,  136;   116,  521;  116, 

522;   116,  523;    136,  420;    137,  104;   137,  321;   137,  324; 

146,  532;    146,   533;     146,   534;     147,  562. 

§  3818.  Partial  redemption.  A  partial  redemption  may 
be  made  separately  from  the  whole  assessment,  of  any 
lot,  piece,  or  parcel  of  land  contained  in  any  assessment, 
if  such  lot,  piece,  or  parcel  has  a  separate  valuation  on 
the  assessment  roll,  in  the  manner  following:  In  the  esti- 
mate provided  for  in  the  preceding  section,  the  auditor 
shall  estimate  the  amount  of  state  and  county  taxes  due 
on  such  lot,  piece,  or  parcel  of  land,  together  with  a  proper 
proportion  of  the  taxes  due  on  personal  property  under 
such  assessment,  and  of  the  taxes  due  each  school,  road,  or 
lesser  taxation  district;  and  such  redemption  shali  be  made 
in  the  manner  provided  for  in  the  preceding  section.  The 
recorder  shall  note,  on  the  margin  of  the  record  of  the 
certificate  of  sale,  a  description  of  the  property  thus  re- 
deemed, and  shall  specifically  set  forth  the  several  amounts 
of  taxes  paid  upon  such  redemption.  En.  Stats.  1889,  338. 
Am'd.  1895,  331.     Rep.  1895,  23.     En.  1897,  434. 

§  3819.  Payment  under  protest.  At  any  time  after  the 
assessment  book  has  been  received  by  the  tax  collector, 
and  the  taxes  have  become  payable,  the  owner  of  any 
property  assessed  therein,  who  may  claim  that  the  assess- 
ment is  void  in  whole  or  in  part,  may  pay  the  same  to 
the  tax  collector  under  protest,  which  protest  shall  be 
in  writing,  and  shall  specify  whether  the  whole  assess- 
ment is  claimed  to  be  void,  or  if  a  part  only,  what  portion, 
and  in  either  case  the  grounds  upon  which  such  claim 
is  founded  and  when  so  paid  under  protest,  the  payment 
shall  in  no  case  be  regarded  as  voluntary  payment,  and 
such  owner  may  at  any  time  within  six  months  after  such 

29 


§  3S20  TAXES   ON    CERTAIN    PERSONAL,  PROPERTY.  888 

payment  bring  an  action  against  the  county,  in  the  superior 
court,  to  recover  back  the  tax  so  paid  under  protest;  and 
if  it  shall  be  adjudged  that  the  assessment,  or  the  part 
thereof  referred  to  in  the  protest,  was  void  on  the  ground 
specified  in  the  protest,  judgment  shall  be  entered  against 
such  county  therefor;  provided,  that  no  assessment  shall 
be  declared  void  on  account  of  deductions  being  made 
for  mortgages  where  part  payments  have  been  made  and 
not  released  upon  the  record.  On  the  payment  of  any 
such  judgment,  such  part  of  the  tax  recovered  thereby 
as  may  have  been  paid  by  the  county  treasurer  into  the 
state  treasury,  shall  be  regarded  as  an  amount  due  the 
county  from  the  state,  and  shall  be  deducted  in  the  next 
settlement  had  by  the  county  with  the  controller;  such 
deductions  to  be  made  in  the  manner  that  other  deduc- 
tions are  made,  as  provided  in  section  three  thousand 
eight  hundred  and  seventy-one  of  this  code.  En.  Stats. 
1893,  32.     Am'd.  1895,  331. 

Cal.  Rep.  Cit.  106,  421;  112,  318;  113,  394;  113,  401;  115, 
68;  120,  4;  124,  342;  131,  363;  137,  467;  137,  469;  137, 
517;  142,  201;  142,  661;  142,  664;  142,  665;  147,  655; 
147,  656. 

CHAPTER  VIII. 

COLLECTION    OF   TAXES   BY   THE   ASSESSOR  ON   CERTAIN    PER- 
SONAL  PROPERTY. 

§  3820.  Assessor  when  to  coUect  taxes. 

I  3821.  Seizure   and    sale. 

§  3S22.  Mode   of   conducting   such  seizure   and  sale. 

§  3823.  Rate   of   previous    year   governs   amount. 

§  3824.  Return  of  excess  where  lower  rate  fixed. 

§  3825.  Collection  of  deficiency   where  higher  rate  is  fixed. 

§  3S26.  Monthly    settlement    of   assessor    with    auditor. 

§  3827.  Auditor  to  note   Ihe  amount  of  taxes  paid  by   each  person. 

§  3828.  Auditor   to  note  excesses  or  deficiencies  in  taxes  paid. 

§  3829.  Compensation   to   assessor   for   collection. 

§  3830.  Present     incumbents     to     discharge     duties     of     assessor.    (Re- 
pealed.) 

§  3831.  Liability   of  assessors. 

§  3820.  Assessor  when  to  collect  taxes.  The  assessor 
must  collect  the  taxes  on  all  property  when,  in  his  opinion, 
said  taxes  are  not  a  lien  upon  real  property  sufficient  to 
secure  the  payment  of  the  taxes.  The  taxes  on  all  assess- 
ments of  possession  of,  claim  to,  or  right  to  the  possession 
of  land,  shall  be  immediately  due  and  payable  upon  as- 
sessment, and  shall  be  collected  by  the  assessor  as  pro- 
vided in  this  chapter.  En.  March  12,  1872.  Am'd.  1873-4, 
152;  1895,  331;  1897,  435. 


889  TAXES   ON   CERTAIN   PERSONAL  PROPERTY.    §g  3821-3825 

Cal.  Rep.  Cit.  65,  359;  68,  55;  71,  207;  71,  208;  119,  525; 
123,  73;  123,  155;  128,  609;  128.  611;  137,  520;  144, 
154. 

§  3821.  Seizure  and  sale.  In  the  case  provided  for  in 
the  preceding  section,  at  the  time  of  making  the  assess- 
ment, or  at  any  time  before  the  first  Monday  of  August 
following  the  assessment,  the  assessor  may  collect  the  taxes 
by  seizure  and  sale  of  any  personal  property  owned  by 
the  person  against  whom  the  tax  is  assessed,  or  if  no  per- 
sonal property  can  be  found,  then  the  assessor  may  collect 
the  taxes  by  seizure  and  sale  of  the  right  to  the  posses- 
sion of,  claim  to  or  right  to  the  possession  of  the  land. 
En.  March  12,  1872.     Am'd.  1897,  435;   1905,  470. 

Cal.  Rep.   Cit.     123,   73;     123,   155;     137,   520. 

§  3822.     Mode  of  conducting  such  seizure  and  sale.     The 

provisions    of    sections    3791,    3792,    3793,    3794,    3795,    and 
3796  apply  to  such  seizure  and  sale.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     123,  155. 

§  3823.  Rate  of  previous  year  governs  amount.  The 
assessor  shall  be  governed  as  to  the  amount  of  taxes  to 
be  collected  by  him,  upon  personal  property,  by  the  state 
and  county  rate,  the  special  school  district,  road  district, 
and  other  local  district  rates  for  the  locality  in  which 
such  personal  property  is  taxable,  for  the  previous  year. 
En.  March  12,  1872.     Am'd.  1873-4,  152;  1895,  332;  1901,  653. 

Cal.  Rep.  Cit.     123,  155. 

§  3824.  Return  of  excess  where  lower  rate  fixed.  When 
the  rate  is  fixed  for  the  year  in  which  such  collection  is 
made,  then,  if  a  sum  in  excess  of  the  rate  has  been  col- 
lected, such  excess  shall  not  be  apportioned  to  the  state, 
but  the  whole  thereof  shall  remain  in  the  county  treasury, 
and  must  be  repaid  by  the  county  treasurer  to  the  person 
from  whom  the  collection  was  made,  or  to  his  assignee, 
on  demand  therefor.    En.  March  12,  1872.     Am'd.  1885,  57. 

Cal.  Rep.  Cit.     119,  525;  123,  155. 

§  3825.  Collection  of  deficiency  where  higher  rate  is 
fixed.  If  a  sum  less  than  the  tax  at  the  rate  fixed  upon 
the  valuation  thereof  after  equalization,  has  been  collected, 
the  deficiency  must  be  collected  by  the  tax  collector  either 
by  a  sale  of  the  property  on  which  the  same  is  a  lien, 
if  any,  in  the  same  manner  as   other  taxes  on  real  and 


§§  3826-3829    TAXES    ON    CERTAIN    PERSONAL   PROPERTY.  890 

personal  property  are  collected,  or  by  seizure  and  sale 
of  any  personal  property  owned  by  the  person  against 
whom  the  tax  is  assessed,  in  the  same  manner  provided 
in  sections  thirty-eight  hundred  and  twenty-one  and  thirty- 
eight  hundred  and  twenty-two  for  the  seizure  and  sale 
by  the  assessor;  provided,  that  no  action  shall  be  main- 
tained to  collect  such  deficiency  unless  the  tax  collector 
shall,  at  least  fifteen  days  before  the  commencement  of 
such  action,  deposit  in  the  United  States  postofiice,  ad- 
dressed to  the  person  owing  such  tax,  at  his  last  known 
place  of  residence,  a  notice  in  writing,  informing  him  of 
the  amount  and  nature  of  such  tax,  and  that  unless  the 
same  is  paid  within  fifteen  days  action  will  be  brought 
for  the  same;  and  any  action  commenced  without  such 
notice  shall  be  dismissed.  En.  March  12,  1872.  Am'd.  1897, 
435;   1901,  653. 

Cal.  Rep.  Cit.     123,  155. 

§  3826.     Monthly   settlement   of    assessor    with   auditor. 

The  assessor,  on  the  first  Monday  in  each  month,  must 
m_ake  a  settlement  with  the  auditor,  and  must  pay  into 
the  county  treasury  all  moneys  collected  by  him  for  such 
taxes  'during  the  preceding  month.  En.  March  12,  1872. 
Am'd.  1895,  332. 
Cal.  Rep.  Cit.     123,  155. 

§  3827.    Auditor  to  note  the  amount  of  taxes  paid  by 

each    person.     The  auditor  must,  as   soon  as   the   "assess- 
ment book"  for  the  year  comes  into  his  hands,  note  op- 
posite  the   name   of  each   person   from   whom   taxes  have 
been  collected  the  amount  thereof.    En.  March  12,  1872. 
Cal.  Rep.  Cit.     123,  155. 

§  3828.     Auditor  to  note  excesses  or  deficiencies  in  taxes 

paid.     As  soon  as  the  rate    of    taxation    for    the    year    Is 
fixed,  the  auditor  must  note,  in  connection  with  the  entry 
made    under    the  provisions  of  the  preceding  section,  the 
amount  of  the  excess  or  deficiency.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     123,  155. 

§  3829.     Compensation    to    assessor    for    collection.     For 

services  rendered  in  the  collection  of  taxes  under  section 
three  thousand  eight  hundred  and  twenty,  the  assessors 
of  the  several  counties,  or  cities  and  counties,  shall  re- 
ceive such  compensation  as  the  act  governing  salaries  of 
county  officers  may  provide.  En.  March  12,  1872.  Am'd. 
1873-4,  153;  1877-8,  65;  1895,  332. 
Cal.  Rep.  Cit.     13,  155;   145,  425. 


891  POLL,  TAXES.  §§  3830,  3831 

§  3830.     Present    incumbents  to   discharge   duties  of  as- 
sessor.    (Repealed.)     En.  March  12,  1872.     Rep.  1895,  332. 
Cal.  Rep.  Cit.     112,  315;   123,  155. 

§  3831.  Liability  of  assessors.  Within  fifteen  days  after 
the  first  Monday  in  August  of  each  year,  the  auditor  of- 
the  county,  or  city  and  county,  must  make  a  careful  ex- 
amination of  the  assessment  book  or  books  of  the  county, 
or  city  and  county,  and  ascertain  therefrom  the  amount 
or  amounts  of  all  taxes  that  should  have  been  collected 
by  the  assessor  in  pursuance  of  this  chapter,  and  which 
have  not  been  collected.  He  must  then  state  an  account 
to  the  assessor,  and  demand  fi'om  him  that  the  amount, 
or  amounts,  so  remaining  uncollected  shall  be  paid  into 
the  county  treasury  within  fifteen  days  from  ihe  date  of 
said  demand.  If  at  the  expiration  of  said  time,  the 
assessor  has  not  settled  for  and  paid  said  amount,  or 
p,mounts,  into  the  treasury  as  aforesaid,  the  district  attor- 
ney must  commence  an  action  in  the  proper  court  against 
the  assessor  and  his  bondsmen,  for  the  recovery  of  said 
amount  or  amounts  so  remaining  uncollected;  and  upon 
the  trial  of  such  action  no  defense  shall  be  admissible, 
except  that  the  assessment  or  assessments  are  illegal, 
invalid,  or  void.     En.   Stats.  1895,  332. 

CHAPTER   IX. 

POLL   TAXES. 

§  3839.  Persons   liable  to  poll  tax. 

§  3840.  When   to   be   collected. 

§  3841.  Blank   poll   tax   receipts  to   be   printed  by   county   treasurer. 

§  3842.  Style   of  blank  to  be  changed   each  year. 

§  3S43.  County   treasurer's  duties   in   relation   to  blanks. 

§  3S44.  Auditor   to   sign   blank   receipts,    and   make   entries. 

§  3845.  Blanks  to  be  delivered   to  and  charged   assessor. 

§  3846.  Poll  tax  may  be  collected  by  seizure  and  sale  of  personal  prop- 
erty. 

§  3847.  Mode   of   conducting   such   seizure  and   sale. 

§  3848.  Debtors  of  persons  owing  poll   tax  to  pay  poll  tax. 

§  3849.  What    officers   are   debtors   under   preceding   section. 

§  3850.  Debtor   may  charge  creditor  for  poll  tax  paid. 

§  3851.  Receipt,    delivery    to    purchaser   or    to    person    paying   tax. 

§  3852.  Receipt    only   evidence   of   payment. 

§  3853.  Monthly   settlements    and   payments   of   assessor. 

§  3S54.  .Assessor's   yearly   final   settlement. 

§  38.=>5.  Auditor  to  return   receipts  not  used  to  treasurer. 

§  3856.  Treasurer,   duty   in   relation  to  receipts. 

§  3857.  Assessor  to  keep  roll  of  persons  liable  and  of  payments  and 
delinquents.  ' 

§  3858.  Duties   of  auditor   when   roll  returned   to   him. 

I  3859.  Correction   of  poll   tax  roll. 

I  3860.  Unpaid   poll   tax  a   lien. 

§  3861.  Proceeds   paid   to   county   treasurer   for  state  school  fun-d. 

§  3862.  Compensation  for  collecting  tax. 


§§  3839-3843  POLL    TAXES.  lJ92 

§  3839.  Persons  liable  to  poll  tax.  Every  male  inhab- 
itant of  this  state,  over  twenty-one  and  under  sixty  years 
of  age,  except  paupers,  insane  persons,  and  Indians  not 
taxed,  must  annually  pay  a  poll  tax  of  two  dollars;  pro- 
vided, the  same  be  paid  between  the  first  Monday  in  March 
and  the  first  Monday  in  July;  but  if  not  paid  prior  to 
the  first  Monday  in  July,  then  it  shall  be  three  dollars; 
provided,  further,  that  nothing  herein  shall  affect  any 
laws  imposing  a  greater  poll  tax  upon  inhabitants  ineligi- 
ble to  citizenship.  En.  March  12,  1872.  Am'd.  i873-4,  161; 
1880,  17. 

Cal.   Rep.    Cit.     104,   64. 

Section  conforms  to  Const.  Cal.,  art.  XIII,  sec.  12. 

Exemption  of  firemen  in  certain  counties:  See  post. 
Appendix,  title  Fire  Department. 

§  3840.  When  to  be  collected.  Poll  tax  must  be  col- 
lected by  the  assessors  between  the  first  Monday  in  March 
and  the  last  Monday  in  December  of  the  same  year.  En. 
March  12,  1872.     Am'd.  1873-4,  161;   1895,  332. 

Cal.  Rep.  Cit.    123,  74. 

§  3841.  Blank  poll  tax  receipts  to  be  printed  by  county 
treasurer.  The  county  treasurer  must,  before  the  first 
Monday  in  March  and  the  first  Monday  in  July  of  each 
year,  cause  to  be  printed,  respectively,  two  and  three  dol- 
lar blank  poll  tax  receipts,  in  book  form,  with  stubs  num- 
bered the  same  as  the  receipts,  of  one  hundred  in  each 
book,  a  sufficient  number  for  the  use  of  the  assessor.  The 
stubs  shall  have  a  line  for  the  name  of  the  poll  tax  payer, 
his  age,  residence,  occupation,  by  whom  employed,  and  the 
name  of  the  deputy  collecting  the  tax.  En.  March  12, 
1872.     Am'd.  1873-4,  161;  1895,  332. 

§  3842.  Style  of  blank  to  be  changed  each  year.  The 
style  of  such  blanks  must  be  changed  every  year.  En. 
March  12,  1872. 

§  3843.  County  treasurer's  duties  in  relation  to  blanks. 
The  treasurer  must,  before  the  third  Monday  in  February 
of  each  year: 

First — Number  and  sign  the  two  dollar  blanks,  and  be- 
fore the  first  Monday  in  July,  number  and  sign  the  three- 
dollar   blanks. 

Second — At  the  time  of  signing  make  an  entry  of  the 
whole  number  thereof,  and  of  the  first  and  last  number 
placed  thereon,  in  a  book  kept  for  that  purpose. 


893  POLL,    TAXES.  5§  3844-3849 

Third — Deliver  all  such  blanks  to  the  auditor,  and 
charge  him  therewith.  En.  March  12,  1872.  Am'd.  1873-4, 
161;   1897,  435. 

§  3844.  Auditor  to  sign  blank  receipts,  and  make  en- 
tries. The  auditor  upon  the  receipt  thereof  must  sign  the 
same,  and  make  in  a  book  to  be  kept  by  him  for  that  pur- 
pose a  similar  entry  to  that  prescribed  in  subdivision  2 
of  the  preceding  section.    En.  March  12,  1872. 

§  3845.  Blanks  to  be  delivered  to  and  charged  assessor. 
He  must,  at  any  time,  after  the  third  Monday  in  February, 
and  the  first  Monday  in  July,  upon  demand,  deliver  to 
the  assessor,  in  their  order,  the  two  and  three  dollar 
blanks  and  charge  him  therewith.  En.  March  12,  1872. 
Am'd.  1873-4,  162;   1897,  435. 

Cal.   Rep.   Cit.     46,  98. 

§  3846.  Poll  tax  may  be  collected  by  seizure  and  sale 
of  personal  property.  The  assessor  must  demand  payment 
[of]  poll  tax  of  every  person  liable  therefor,  and  on  the 
neglect  or  refusal  of  such  person  to  pay  the  same,  he 
must  collect  by  seizure  and  sale  of  any  personal  property 
owned  by  such  person.  En.  March  12,  1872.  Am'd.  1873-4, 
162. 

Cal.  Rep.  Cit     123,  74. 

§  3847.     Mode  of  conducting  such  seizure  and  sale.     The 

sale  may  be  made  after  three  hours'  verbal  notice  of  time 
and  place,  and  the  provisions  of  sections  thirty-seven 
hundred  and  ninety-one,  thirty-seven  hundred  and  ninety- 
three,  thirty-seven  hundred  and  ninety-four,  thirty-seven 
hundred  and  ninety-five,  and  thirty-seven  hundred  and 
ninety-six,  apply  to  such  seizure  and  sale.  En.  March  12, 
1872.     Am'd.  1873-4,  162. 

§  3848.     Debtors  of    persons    owing  poll    tax  to  pay  poll 

tax.  Every  person  indebted  to  one  who  neglects  or  re- 
fuses, after  demand,  to  pay  a  poll  tax,  becomes  liable 
therefor,  and  must  pay  the  same  for  such  other  person 
after  service  upon  him  by  tue  collector  of  a  notice  in  writ- 
ing, stating  the  name  of  such  person.     En.  March  12,  1872. 

§  3849.  What  officers  are  debtors  under  preceding  sec- 
tion.   Every  officer  authorized  to  draw   the   warrants    for 


§§  3850-3855  POLL   TAXES.  85)4 

or  to  pay  the  salary  or  fees  of  any  oflBcer  is  the  debtor 
of  such  officer  within  the  meaning  of  the  preceding  sec- 
tion.    En.  March  12,  1872. 

§  3850,     Debtor  may   charge   creditor  for   poll   tax   paid. 

Every  person  paying  the  poll  tax  of  another  may  deduct 
the  same  from  any  indebtedness  to  such  other  person. 
En.  March  12,  1872. 

§  3851.  Receipt,  delivery  to  purchaser  or  to  person  pay- 
ing tax.  The  assessor  must  deliver  the  poll  tax  receipt, 
filled  out  with  the  name  of  the  person  owing  me  taxes, 
to  the  purchaser  of  property  at  any  such  sale;  in  other 
cases  he  must  deliver  it,  filled  out  in  like  manner,  to  the 
person  paying  the  tax.     En.  March  12,  1872. 

§  3852.  Receipt  only  evidence  of  payment.  The  re- 
ceipt so  delivered  is  the  only  evidence  of  payment.  En. 
March  12,  1872. 

§  3853.  Monthly  settlements  and  payments  of  assessor. 
On  the  first  Monday  in  each  month  the  assessor  must  make 
oath,  before  the  auditor,  of  the  total  amount  of  poll  taxes 
collected  by  him  during  the  last  preceding  month,  and 
must,  at  the  same  time,  settle  with  the  auditor  for  the 
same,  and  pay  into  the  county  treasurer's  office  the  total 
amount  of  poll  taxes  collected,  less  the  per  centum  al- 
lowed for  fees.     En.  March  12,  1872. 

§  3854.  Assessor's  yearly  final  settlement.  On  the  first 
Monday  in  July,  the  assessor  must  return  to  the  auditor 
all  two-dollar  blank  poll  tax  receipts  received  by  him  and 
not  used,  and  pay  to  the  treasurer  the  total  amount  col- 
lected and  not  before  paid  in,  less  the  amount  of  his  fees, 
and  the  auditor  must  deliver  to  him  the  three-dollar  re- 
ceipts; and  on  the  last  Monday  in  December  of  each  year, 
he  must  return  to  the  auditor  all  three  dollar  poll  tax  re- 
ceipts received  by  him  and  not  used,  and  must  make  final 
settlement  with  the  auditor  and  treasurer  therefor.  En. 
March  12,  1872.     Am'd.  1873-4,  163;    1895.  333. 

§  3855.  Auditor  to  return  receipts  not  used  to  treasurer. 
The  auditor  must,  as  soon  as  the  settlement  is  made, 
return  to  the  treasurer  the  receipts  not  used.  En.  March 
12,  1872. 


895  POLL   TAXES.  S9  3856-3861 

§  3856.     Treasurer,  duty   in    relation  to   receipts.       The 

treasurer  must  credit  the  auditor  with  the  receipts  so 
returned,  and  must  tuereupon  seal  them  up  securely  and 
deposit  and  keep  them  in  his  office.     En.  March  12,  1872. 

§  3857.  Assessor  to  keep  roll  of  persons  liable  and  of 
payments  and  delinquents.  The  assessor  must  keep  a 
roil  of  the  names  and  local  residence,  or  place  of  busi- 
ness, of  all  persons  subject  to  or  liable  for  poll  tax,  and, 
if  paid,  date  and  amount  of  each  payment,  and,  if  not  paid, 
cause  of  nonpayment;  provided,  that  no  person  shall  be 
returned  as  delinquent  on  such  roll  unless  a  demand  has 
been  made  upon  him  in  person  or  through  the  postoffice. 
En.  March  12,  1872.     Am'd.   1873-4,   163;    1877-8,  69. 

^  3858.     Duties   of  auditor  when    roll    returned  to   him. 

On  the  first  Monday  in  January  of  each  year,  the  assessor 
must  deliver  to  the  auditor  the  roll  so  made  up,  and  the 
auditor  must  add  to  the  total  poll  tax  delinquent  on  such 
roll  thirty-three  and  one-third  per  centum  additional,  and 
without  delay  delivev  such  list  to  the  tax  collector,  and 
charge  the  collector  therewith.  En.  March  12,  1872.  Am'd. 
1873-4,  163;  1877-8,  70;  1895,  333;  1897,  436. 
Cal.  Rep.  Cit.     123,  74. 

§  3859.  Correction  of  poll  tax  roll.  Whenever  the  name 
of  a  person  not  liable  for  poll  tax  is  erroneously  entered 
upon  said  poll  tax  roll,  or  whenever  the  assessor  has  failed 
to  note  the  payment  of  a  poll  tax  lawfully  assessed,  if  paid, 
the  board  of  supervisors  may,  upon  proof  thereof,  order  the 
necessary  correction  to  be  made  on  the  poll  tax  roll  and 
the  assessment  roll  whereon  the  same  may  appear.  En. 
March  12,  1872.     Rep.  1873-4,  164.     En.  Stats.  1901,  653. 

3860.  Unpaid  poll  tax  a  lien.  If  any  person,  assessed 
for  a  property  tax,  has  not  paid  to  the  assessor  the  poll 
tr  :  due  from  him,  or  for  which  he  is  liable,  it,  with  thirty- 
three  and  one-third  per  cent  in  addition  thereto,  constitutes 
a  lien  upon  the  property  assessed  to  such  person,  to  attach 
from  the  first  Monday  in  March  in  each  year,  and  must 
be  collected  in  the  same  manner  and  at  the  same  time 
as  delinquent  t..xes  are  collected.  En.  March  12,  1872. 
Am'd.  1873-4,  164. 

§  3861.  Proceeds  paid  to  county  treasurer  for  state 
school  fund.    The  proceeds  of  the  poll  tax  must  be  paid 


§§  3862-3866  SETTLEMENTS  WITH   CONTROLLER.  S-X 

to    the    county   treasurer,    as   provided    by   law,   for   the 
exclusive  use  of  the  state  school  fund,  and  shall,  by  such 
treasurer,  be  paid  to  the  state  as  other  moneys  belonging 
to  the  state.     En.  March  12,  1872.     Am'd.  1880,  17., 
Cal.  Rep.  Cit.     131,  359. 

§  3862.  Compensation  for  collecting  tax.  The  assessor, 
for  services  rendered  in  the  collection  of  poll  taxes,  shall 
receive  the  sum  of  fifteen  per  cent;  and  the  collector,  for 
services  rendered  in  the  collection  of  poll  taxes  on  the 
delinquent  list  (including  the  publication),  shall  receive 
the  sum  of  twenty-five  per  cent  on  all  delinquent  poll  tax 
collected  by  him.  En.  March  12,  1872.  Am'd.  1873-4,  164; 
1877-8,  70. 

Cal.  Rep.  Cit.     104,  64;  135,  514;  145,  198. 
CHAPTER  X. 

SETTLEMENTS   WITH   THE   CONTROLLER   AND   PAYMENTS   INTO 
THE    STATE   TREASURY. 

§  3S65.  County  treasurers,  settlements  and  payments  by. 

§  3866.  Semi-annual    settlements    of   county   treasurers. 

§  3867.  Treasurer  neglecting  to  settle,   penalty. 

§  3868.  Semi-annual    reports    of    county    auditors. 

S  3S69.  Auditor  to  send  report  to  whom. 

§  3870.  Failure  of  auditor  to  make  report,    penalty. 

§  3871.  Deductions   by    controller   on   settlement. 

§  3S72.  Manner   of   making   payments   into   state   treasury. 

§  3873.  Controller's   statement   to  contain  what. 

§  3874.  County  treasurer   to   flle   copy   with   auditor. 

§  3S75.  Auditor   to  make   certain   entries. 

§  3876.  Rate  of  mileage  allowed  treasurer. 

§  3877.  Controller   may   examine   books   of  any   revenue   oflacer. 

§  3878.  Prosecution    of    officers    defrauding    state. 

§  387'J.  Controller   may    designate   county   in   which   proceedings   had. 

§  3880.  Special  counsel  may   be   employed;   expenses. 

§  3865.     County  treasurers,  settlements  and  payments  by. 

The  treasurers  of  the  respective  counties  must  at  any 
time,  upon  the  order  of  the  controller  and  treasurer  of 
state,  settle  with  the  controller,  and  pay  over  to  the 
treasurer  all  moneys  in  their  possession  belonging  to  the 
state.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     99,  78. 

§  3866.     Semi-annual    settlements   of   county   treasurers. 

The  treasurers  of  all  the  counties  or  cities  and  counties  of 
this  state  must,  between  the  fifteenth  and  thirtieth  days 
of  December  and  May  of  each  year,  proceed  to  the  state 
capitol  and  settle  in  full  with  the  controller  of  state,  and 


897  SETTLEMENTS    WITH    CONTROLL.BR.  S  3861 

pay  over  in  cash  to  the  treasurer  of  state,  all  funds  be- 
longing to  the  state  which  have  come  into  their  hands, 
as  county  treasurers,  before  the  close  of  business  on  and 
including  the  first  Llonday  of  said  months,  except  principal 
and  interest  received  on  account  of  state  school  lands, 
which  shall  only  be  settled  for  up  to  and  including  the 
last  day  of  the  month  prior  to  the  month  of  settlement; 
provided,  that  the  controller  of  state  shall,  on  or  before 
the  fifteenth  day  of  the  month  in  which  settlement  is  to 
be  made,  notify  the  treasurer  of  each  county  the  amount 
of  state  school  money  which  will  be  due  the  state  from 
his  county  in  the  then  pending  settlement;  the  county 
treasurer  shall  thereupon  and  thereby  be  authorized  to 
retain  in  the  treasury  of  his  county  the  said  amount  of 
state  school  money,  and  shall,  at  the  time  of  paying  over, 
in  cash,  to  the  treasurer  of  state,  all  other  funds  belong- 
ing to  the  state  which  have  come  into  his  hands  as 
county  treasurer,  as  aforesaid,  file  with  the  treasurer  of 
state  his  certificate,  stating  the  amount  so  retained;  and 
the  said  certificate  shall,  for  all  purposes,  be  deemed  and 
counted  as  cash  in  the  state  treasury  to  the  amount 
therein  stated,  and  shall  be  so  accepted  by  each  county 
treasurer  on  the  payment  of  the  apportionment  of  school 
moneys  due  his  county.  On  the  making  of  the  appor- 
tionment of  school  moneys  due  to  the  respective  counties 
and  cities  and  counties,  if  there  shall  be  a  balance  due 
the  county,  the  treasurer  of  state  shall  immediately  pay  the 
same,  and  if  there  shall  be  a  balance  due  the  state 
the  county  treasurer  shall  immediately  pay  the  same  into 
the  state  treasury,  li^,  in  the  opinion  of  the  controller 
of  state,  it  appears  irom  the  report  of  the  county  auditor 
that  sufficient  property  tax  has  not  been  collected  to  make 
it  for  the  interest  of  the  state  that  a  settlement  should 
be  made,  the  controller  shall  defer  the  settlement  until 
the  next  regular  settlement.  No  mileage,  fees,  or  com- 
missions shall  be  allowed  any  officer  for  any  deferred 
settlement;  provided,  that  in  case  any  settlement  is  so 
deferred,  the  county  auditor,  in  his  next  report  to  the 
controller  of  state,  shall  include  therein  all  moneys  re- 
quired to  be  reported  since  the  date  of  his  last  report 
upon  which  a  settlement  was  made.  En.  March  12,  1872. 
Am'd.  1873-4,  165;  1875-6,  64;  1877-8,  66;  1891,  450;  1893,  56. 
Cal.  Rep.  Cit.     99,  78. 

§  3867.     Treasurer  neglecting  to  settle,  penalty.     Every 
county  treasurer  who  neglects  or  refuses  to  appear  at  the 

Pol.  Code— 57 


SS  3868-3871  SETTLEMENTS    WITH    CONTROLLER.  «9!( 

office  of  the  controller  and  treasurer  at  the  times  specified 
in  this  chapter,  and  then  and  there  to  settle  and  make  pay- 
ment as  required  by  this  chapter,  shall  forfeit  to  the  state 
of  California  one  thousand  dollars,  to  be  recovered  in  an 
action  brought  by  the  attorney-gener  1  in  the  name  of  the 
controller.     En.  March  12,  1872.     Am'd.  1895,  333. 

Cal.  Rep.  Cit.     76,  279. 

§  3868.  Semi-annual  reports  of  county  auditors.  The 
auditoj  of  each  county,  between  the  first  and  tenth  day 
of  each  month  in  which  the  treasurer  of  his  county  is  re- 
quired to  settle  with  the  controller,  must  make,  in  dupli- 
cate, and  verify  by  his  aflidavit,  a  report  to  the  controller 
of  state,  in  such  form  as  the  controller  may  desire,  show- 
ing specifically  the  amount  due  the  state  from  each  par- 
ticular source  of  revenue  at  the  close  of  business  on  and 
including  the  first  Monday  of  the  month  in  which  settle- 
ment is  required,  except  principal  and  interest  received 
on  account  of  state  school  lands,  which  shall  be  reported 
up  to  the  end  of  the  previous  month.  En.  March  12,  1872. 
Am'd.  1877-8,  66;  1893,  55. 

§  3869.  Auditor  to  send  report  to  whom.  The  auditor 
must  at  once  transmit  by  mail  or  express  to  the  controller 
one  copy  of  the  report,  and  must  deliver  the  other  copy 
to  the  treasurer  of  his  county.     En.  March  12,  1872. 

§  3870.     Failure    of    auditor    to    make     report,    penalty. 

Every  auditor  who  fails  or  refuses  to  make  and  transmit 
the  report  required  by  this  chapter,  or  any  report  or  state- 
ment required  by  this  title,  forfeits  to  the  state  of  Califor- 
nia one  thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  attorney-general  in  the  name  of  the  con- 
troller.    En.  March  U,  1872.     Am'd.  1895,  333. 

Cal.  Rep.  Cit.     76,  279. 

§  3871.     Deductions  by  controller  on  settlement.     In  the 

settlement,  the  controller  must  deduct  the  mileage  allowed 
to  the  county  treasurer  in  making  settlement,  the  state's 
portion  of  the  repayments  made  under  section  three  thou- 
sand eight  hundred  and  twenty-four,  the  state's  portion  of 
all  amounts  refunded  under  section  three  thousand  eight 
hundred  and  four,  and  any  other  amounts  due  the  county, 
or  city  and  county.     En.  March  12,  1872.     Am'd.  1895,  333. 


899  SETTLEMENTS    "WITH    CONTROLLER.  §§  3872-38(a 

§  3872.  Manner  of  making  payments  into  state  treasury. 
The  manner  of  making  payments  into  the  state  treasury 
is  prescribed  by  sections  433,  434,  452,  and  453  of  this  code. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     87,  290. 

§  3873.     Controller's    statement    to    contain    what.      The 

controller  must,  after  the  treasurer  has  made  settlement 
and  payment,  enter  upon  each  copy  of  the  auditor's  report 
a  statement  showing: 

1.  The  amount  of  money  by  the  county  treasurer  paid 
into  the  state  treasury. 

2.  The  amounts  authorized  to  be  deducted  under  sec- 
tion three  thousand  eight  hundred  and  seventy-one. 

And  must  then  return  one  copy  of  the  report  to  the 
county   treasurer.     En.   March   12,   1872.     Am'd.    1895,    333. 

§  3874.     County  treasurer  to  file  copy  with  auditor.    The 

county  treasurer  must  file  with  the  auditor  of  his -county 
the  copy  returned  to  him  by  the  controller.  En.  March  12, 
1872. 

§  3875.  Auditor  to  make  certain  entries.  The  auditor 
must  then  make  the  proper  entries  in  his  account  with  the 
treasurer.     En.  March  12,  1872. 

§  3876.  Rate  of  mileage  allowed  treasurer.  The  con- 
troller must,  in  the  settlement,  allow  the  treasurer  for 
mileage  at  the  rate  of  forty  cents  per  mile  from  the  county 
seat  to  the  capital,  such  mileage  not  to  exceed  at  any 
settlment  one  hundred    dollars.     En.  March   12,   1872. 

Cal.  Rep.  Cit.    132,  267. 

§  3877.  Controller  may  examine  books  of  any  revenue 
officer.  The  controller  may  examine  the  books  of  any 
officer  charged  with  the  collection  and  receipt  of  state 
taxes.     En.  March  12,  1872. 

§  3878.     Prosecution  of  officers  defrauding  state.     If  he 

believes  any  officer  has  been  guilty  of  defrauding  the  state 
of  revenue,  or  has  neglected  or  refused  to  perform  any 
duty  relating  to  the  revenue,  he  must  direct  the  attorney- 
general,  or  other  counsel,  to  prosecute  the  delinquent.  En. 
March  12,  1872.     Am'd.  1895,  334. 

§  3879.  Controller  may  designate  county  in  which  pro- 
ceedings had.     When  any  law  in  relation  to  the  revenue 


§§3880,3881    MISCELLANEOUS    REVENUE    PROVISIONS.  »U0 

of  the  state  has  been  so  far  violated  as  to  require  the  prose- 
cution of  the  offender  for  a  criminal  offense,  or  proceed- 
ings against  him  oy  civil  action,  the  controller  may  desig- 
nate the  county  in  which  the  prosecution  or  proceeding 
may  be  had.     En.  March  12,  1872. 

§  3880.     Special    counsel    may    be    employed;    expenses. 

The  controller  or  attorney-general  may  employ  other  coun- 
sel than  the  district  attorney,  and  the  expenses  must  be 
audited  by  the  board  of  examiners  and  be  paid  out  of  the 
state  treasury.     En.  March  12,  1872. 

CHAPTER  XL 

MISCELLANEOUS    PROVISIONS. 

§  3SS1.     Clerical   errors    m   assessment   books;    correction. 

§  .3882.     Omissions,    etc.,    in   delinquent   lists,    how  corrected. 

§  3SS3.     Publication    of    corrected    delinquent    lists. 

§  3884.     Initial   letters,    abbreviations,    and    figures   may   be   used. 

§  3885.     No  assessment   illegal   tor  informality  or  delay. 

§  3SS6.  Fines,  forfeitures  and  penalties  paid  into  county  treasurer. 
(Repealed.) 

§  3887.  Who  liable  for  taxes  on  mortgaged  or  pledged  personal  or 
real    estate    property.     (Repealed.) 

§  3SS8.     Taxes   payable   in   lawful  money  of  United   States. 

§  3SS9.  Annual  settlements  of  assessors,  district  attorneys  and  treas- 
urers. 

§  38D0.    Officers    to   perform   only  duties   of   their   own   oflaces. 

§  3&91.    When    this    title    takes    effect. 

§  3892.     Saving   clause. 

§  3893.  Compensation  of  assessor  and  auditor  for  extra  services.  (Re- 
pealed.) 

§  3894.     Deputies    for   assessors.     (Repealed.) 

§  3895.     Compensation    of    deputies.     (Repealed.) 

§  3896.  State  board  may  dispense  with  duplicate  assessment  book. 
(Repealed.) 

§  3897.     Sale   of  property   purchased   by   state. 

§  3898.     Moneys    received,    how    distributed.     Deed. 

§  3898a.  Transfer  to  university  of  lands  acquired   by   tax  sales. 

§  3899.     .Action   for   taxes   over  three   hundred   dollars. 

§  3900.     Oflicials   may   designate   where   action   commenced. 

j  3881.  Clerical  >.,rrors  in  assessment  books;  correction. 
Clerical  omissions  or  errors  or  "lefects  in  description  or- 
defects  in  form  in  any  assessment  book  when  it  can  be 
ascertained  from  the  assessment  book,  or  from  the  as- 
sessor's map  or  block  books,  or  from  the  list  furnished 
by  the  property  owner  what  was  intended  to  be  assessed, 
or  what  should  have  been  assessed,  may,  with  the  written 
consent  of  the  district  attorney,  be  supplied  or  corrected 
1  the  assessor  at  any  time  prior  tc  sale  for  delinquent 
taxes,  after  the  assessment  was  made;  provided  further, 
that  where  said  change  will  decrease  the  amount  of  tax 


9C1  MISCELLANEOUS    KEVENUE    PROVISIONS.     §§  3882-3885 

charged  against  the  taxpayer  by  reason  of  said  assessment, 
the  consent  of  the  board  of  supervisors  shall  also  be 
necessary  to  said  change;  provided  further,  that  the  date 
and  nature  of  said  correction  shall  be  entered  opposite 
sfJd  assessment  and  the  written  authorization  therefor 
shall  be  preserved  by  the  said  assassor  as  a  pubLc  record; 
provided  further,  that  where  said  change  will  increase  the 
amount  of  tax  on  any  assessment,  the  person  so  charged 
shall  be  notified  at  least  five  days  before  said  change,  and 
if  said  person  is  dissatisfied  with  said  change  he  may 
present  his  objections  to  the  board  of  supervisors,  and 
their  decisiou  in  the  matter  shall  be  conclusive.  In  the 
city  and  county  of  Sin  Francisco  the  written  consent  of 
the  city  and  county  attorney  shall  have  the  same  force 
an  effect  as  the  written  consent  of  the  district  attorney. 
En.  March  12,  1872.     Am'd.  187.5-6,  59;  1895,  334;  1901,  653. 

Cal.  Rep.  Cit.     91,  ^39;  137,  701;  146,  676. 

Assessment  book,  original:  Ante,  sec.  3650.  Duplicate: 
Ante,  sec.  3732. 

§  3882.  Omissions,  etc.,  in  delinquent  lists,  how  cor- 
rected. When  the  omission,  error,  or  defect  hfis  been 
carried  into  a  delinquent  list  of  any  publication,  the  list 
o:-  publication  may  be  republished  a^  amended,  or  notice 
oi  the  correction  may  be  given  in  a  supplementary  publi- 
cation.   En.  March  12   1872. 

Cal.  Rep.  Cit.     53,  394. 

§  3883.     Publication   of   correcteci   delinquent   lists.     The 

publication  nust  be  -  •'.de  in  the  same  manner  as  the 
original  publication,  and  for  not  less  than  one  week.  En. 
March  12,  1872. 

Cal.  Rep.  Uit.     53,  394. 

§  3884.  Initial  letters,  abbreviations,  and  figures  may  be 
used.  In  the  assessment  of  land,  advertisement  and  sale 
thereof  for  taxes,  initial  letters,  abbreviations,  and  the 
figures  may  be  used  to  designate  the  township,  range,  sec- 
tion or  part  thereof,  and  such  other  abbreviations  as  may 
be  approved  by  the  state  board  of  equalization;  provided, 
a  v/ritten  or  printed  explanation  of  such  abbreviations  shall 
appear  on  each  page  of  the  assessment  roll  or  book.  En. 
March  12,  1872.     Am  d.  1901,  654. 

§  3885.  No  assessment  illegal  for  Informality  or  delay. 
No  assessment  or  act  relating  to  i  ssessment  or  collection 


§§  3886-3891    MIiSCEL,IlA.NEOUS    REVENUE    PROVISIONS.  »02 

of  taxes  is  illegal  on  account  of  informality,  nor  because 
the  same  was  not  completed  within  the  time  required  by 
law.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     46,  .30;   83,   400;   93,  469;   116,  353;   116, 

355;   131,  614;  137,  250;  137,  701;  137,  702;  142,  564; 

142,  565;   146,  677. 

§  3886.  Fines,  forfeitures^  and  penalties  paid  Into  county 
treasurer.  (Repealed.)  En.  March  12,  1872.  Rep.  1895, 
334. 

Cal.  Rep.  Cit.    76,  278. 

§  3887.  Who  liable  for  taxes  on  mortgaged  or  pledged 
personal  or  real  estate  property.  (Repealed.)  En.  March 
12,  1872.     Rep.  1880,  17. 

Cal.  Rep.  Cit.    67,  110. 

§  3888.     Taxes  payaLle  in  lawful  money  of  United  States. 

Taxes  must  be  paid  in  the  lawful  money  of  the  United 
States.  A  tax  levied  for  a  special  purpose  may  be  paid  in 
such  funds  as  may  be  directed.  En.  March  12,  1872. 
Am'd.  1895,  334. 

Legal  tender  notes  to  be  received  at  par  for  taxes: 
Stats.  1880,  p.  8. 

]  3889.  Annual  settlements  of  assessors,  district  attor- 
neys and  treasurers.  Every  assessor,  district  attorney 
and  county  treasurer  must  annually,  on  the  first  Monday 
of  January,  make  a  settlement  with  the  county  auditor  of 
ail  transactions  connected  with  the  revenue  for  the  pre- 
vious year.     En.  March  12,  1872. 

§  3890.  Officers  to  perform  only  duties  of  their  own  of- 
fices. The  treasurer,  tax  collector,  assessor,  clerk  of 
the  board  of  supervisors  and  each  member  of  the  board 
must  separately  perform  the  duties  required  of  him  in  his 
office,  and  must  not,  except  in  the  cases  provided  by  law, 
perform  the  duties  required  of  any  other  officer  under  this 
title.    En.  March  12, 1872. 

§  3891.  When  this  title  takes  effect.  With  relation  to 
the  acts  passed  at  the  present  session  of  the  legislature, 
the  provisions  of  this  title  must,  after  this  title  takes  effect, 
be  construed  as  though  this  code  had  been  passed  and 
approved  on  the  last  day  of  the  present  session.  But  the 
provisions  of  this  section  do  not  apply  to  any  act  expressly 
amendatory  of  either  of  ^he  codes,  or  putting  into  effect 
any^part  of  either;  nor  to  an  act  approved  March  sixteenth, 


903  MISCELLANEOUS    REVENUE   PROVISIONS.     §5  3892-3897 

eighteen  hundred  and  seventy-two,  entitled  An  act  to 
ptit  into  immediate  effect  certain  parts  of  the  Political 
and  Penal  Codes;  nor  to  an  act  approved  March  twenty- 
second,  eighteen  hundred  and  seventy-two,  entitled  An 
a  •  to  put  into  effect  certain  parts  of  the  codes  and  pro- 
vide for  their  publication.  En.  March  12,  1872. 
Ca!.  Rep.  Cit.     46,  98;  143,  432. 

§  3892.  Saving  clause.  All  taxes  assessed  before  this 
code  takes  effect  must  be  collected  under  the  laws  in  force 
at  the  time  the  assessment  was  made,  and  in  the  same 
manner  as  if  this  code  had  not  been  passed.  EH.  March 
12,  1872. 

§  3893.  Compensation  of  assessor  and  auditor  for  extra 
services.  (Repealed.)  En.  March  12,  1872.  Rep.  1895, 
334. 

§  3894.     Deputies  for  assessors.     (Repealed.)    En.  March 
12,  1872.     Rep.  1895,  334. 
Cal.  Rep.  Cit.     102,  447. 

§3895.     Compensation    of  deputies.       (Repealed.)       En. 
March  12,  1872.     Rep.  189.5,  334. 
Cal.  Rep.  Cit.       102,   447. 

§  3896.  State  board  may  dispense  with  duplicate  assess- 
ment book.  (Repealed.)  En.  March  12,  1872.  Rep.  1895, 
334. 

§  3897.  Sale  of  property  purchased  by  state.  Whenever 
the  state  shall  become  the  owner  of  any  property  sold 
for  taxes  and  the  deed  to  the  state  has  been  filed  with  the 
controller  as  provided  in  section  three  thousand  seven 
hundred  and  eighty-five,  the  controller  may  thereupon  by 
a  written  authorization  direct  the  tax  collector  of  the 
county  or  city  and  county  to  sell  the  property,  or  any  part 
thereof  as  in  his  judgment  he  shall  deem  advisable  in  the 
manner  following:  He  must  give  notice  of  such  sale  by  first 
publishing  a  notice  for  at  least  three  successive  weeks  in 
some  newspaper  published  in  the  county  or  city  and  county, 
or  if  there  be  no  newspaper  published  therein,  then  by 
posting  a  notice  in  three  conspicuous  places  in  the  county 
or  city  and  county,  one  of  which  shall  be  at  the  United 
States  postoflice  nearest  the  land,  in  addition  to  a  notice 
conspicuously  posted  on  the  land  itself  for  the  same  period. 
Such  notices  must  state  specifTcally  the  place  of  and  the 
day  and  hour  of  sale  and  shall  contain  a  description  of  the 
property  to  be  sold  and  shall  also  contain  a  detailed  state- 


§  3S9S  MISCELLANEOUS   REVENUE   PROVISIONS.  W* 

ment  of  all  the  delinquent  taxes,  penalties,  costs  and  ex- 
penses up  to  the  date  of  such  sale  and  shall  give  the  name 
of  the  person  to  whom  the  property  was  assessed  for  each 
year  on  which  there  may  be  delinquent  taxes  against  said 
property  or  any  part  thereof,  and  said  notice  shall  also  em- 
body a  copy  of  the  authorization  received  from  the  con- 
troller. It  shall  be  the  duty  of  the  tax  collector,  to  mail 
a  copy  of  said  notice,  postage  thereon  prepaid,  to  the 
party  to  whom  the  land  was  last  assessed  next  before  the 
sale,  if  such  address  be  known.  At  the  time  set  for  such 
sale,  the  tax  collector  must  sell  the  property  described  in 
the  controller's  authorization  and  said  notices,  at  public 
auction  to  the  highest  bidder  for  cash  in  lawful  money  of 
the  United  States;  but  no  bid  shall  be  received  or  accepted 
at  such  sale  for  less  than  the  amount  of  all  the  taxes 
levied  upon  such  property  and  all  interests,  costs,  penal- 
ties and  expenses  up  to  the  date  of  such  sale;  provided, 
however,  that  if  the  board  of  supervisors  of  the  county,  or 
city  and  county,  in  which  any  such  property  is  situate, 
shall,  by  resolution  entered  upon  their  minutes,  declare 
that,  in  their  judgment,  the  property  so  owned  by  the  state, 
and  particularly  described  in  said  resolution,  is  not  at  that 
time  of  value  great  enough  that  it  can  be  sold  by  the  state 
for  a  Slim  equal  to  the  amount  of  all  taxes  levied  upon  said 
property,  and  all  interests,  costs  and  penalties  and  ex- 
penses up  to  the  date  of  such  sale,  and  that  it  would  be 
to  the  best  interest  of  the  state  to  sell  the  said  property 
for  a  sum  to  be  stated  in  said  resolution  less  than  the  sum 
above  named  upon  receipt  of  a  copy  of  said  resolution, 
certified  by  the  clerk  of  said  board  of  supervisors,  the  state 
controller  may  thereupon,  by  written  authorization,  direct 
the  tax  collector  of  the  county,  or  city  and  county,  to  sell 
the  said  property  so  described  in  raid  resolution  for  a  sum 
not  less  than  the  sum  stated  in  said  resolution,  together 
with  the  expenses  of  sale.  The  expense  of  giving  the  no- 
tice herein  required  shall  be  a  charge  against  the  county. 
En.  Stats.  1873-4,  153.  Am'd.  1895,  334;  1897,  436;  1905,  31. 
Cal.  Rep.  Cit.     137,  465;  137,  466. 

§  3898.  Moneys  received,  how  distributed.  Deed.  The 
moneys  received  from  such  sale  shall  be  distributed  as 
follows:  The  tax  collector  shall  deduct  the  penalties,  costs 
and  other  amounts  received  as  expenses  of  such  sale  in 
such  cases  a.s  the  property  so  sold  shall  have  been  sold 
for  a  sum  not  le^j.s  than  the  amount  of  all  taxes  levied 
thereon  and  all  interests,  costs  and  penalties  up  to  the  date 
of  such  sale,  but  where  the  property  so  sold  shall  have 


905  MISCELLANEOUS    REVENUE    PROVISIONS.  §  8898a 

been  sold  for  a  sum  less  than  said  amount,  the  tax  collector 
shall  deduct  only  the  amounts  received  as  expenses  at- 
tending such  sale,  and  the  balance  shall  be  distributed  be- 
tween the  state  and  the  county,  or  city  and  county,  in  the 
proportion  that  the  state  rate  bears  to  the  county,  or  city 
and  county,  rate  of  taxation;  said  tax  collector  shall  pay 
all  amounts  into  the  county  treasurer,  and  the  treasurer 
shall  account  to  the  state  for  its  portion  in  the  settlement 
required  by  section  three  thousand  eight  hundred  and  sixty- 
five  and  section  three  thousand  eight  hundred  and  sixty- 
six.  On  receiving  the  amount  b.d,  as  prescribed  in  the 
preceding  section,  the  tax  collector  must  execute  a  deed  to 
t^e  purchaser,  reciting  the  facts  necessary  to  authorize 
such  sale  and  conveyance,  which  deed  shall  convey  all  the 
interest  of  the  state  in  and  to  such  property,  and  shall  be 
prima  facie  evidence  or  all  facts  recited  therein.  En.  Stats. 
1873-4,  154.  Am'd.  1895,  335;  1905,  32. 
Cal.  Rep.  Cit.     73,  613. 

§  3898a.  Transfer  to  university  of  lands  acquired  by  tax 
sales.  Whenever  the  state  has  or  shall  become  the  owner 
of  any  property  sold  for  taxes  and  the  deed  to  the  state  has 
been  filed  with  the  controller,  upon  which  property  there 
appears  of  record  a  mortgage  to  the  regents  of  the  Uni- 
versity of  California,  and  such  mortgage  and  the  debt 
secured  thereby  have  not  been  both  paid  in  full  and 
satisfied  of  record,  the  controller,  upon  receiving  proof, 
by  affidavit  of  the  president  and  secretary,  or  acting 
secretary  or  of  the  treasurer  of  said  regents,  that  the 
debt  secured  by  said  mortgage  has  not  been  fully  paid, 
shall  direct  the  tax  collector  of  the  county,  or  city  and 
county,  in  which  such  lands  are  situated,  to  execute  a 
deed  of  such  lands  in  the  name  of  the  state  of  California 
to  the  regents  of  the  University  of  California.  Said  tax 
collector  shall  thereupon  publish  a  notice  once  a  week 
for  at  least  three  successive  weeks  in  some  newspaper 
published  in  the  county  or  city  and  county  in  which  such 
lands  are  situated,  or  if  there  be  no  newspaper  publisned 
therein,  then  said  tax  collector  shall  post  a  notice  in  three 
conspicuous  places  in  said  county,  or  city  and  county, 
at  least  three  weeks  before  the  day  to  be  named  in  said 
notice  as  hereinafter  provided.  Said  notice  must  state 
that  on  or  after  a  day  therein  mentioned  (which  day 
shall  be  not  less  than  four  weeks,  and  not  more  than 
eight  weeks  after  the  first  publication  or  posting  of  said 
notice),  said  tax  collector  will  execute  and  deliver  to 
the  regents  of  the  University  of  California  a  deed  to  the 


§  3898a  MISCELLANEOUS    REVENUE    PROVISIONS.  »06 

property,  and  shall  uescribe  said  property  and  shall  state 
that  said  deed  will  be  made  because  of  a  sale  of  said 
property  to  the  stat^  for  delinquent  taxes,  and  because 
the  regents  of  the  University  of  Caliiornia  is  interested 
in  the  said  property.  No  other  matters  need  be  contained 
in  said  notice.  One  or  more  pieces  of  land  may  be 
described  in  the  affidavit,  notice,  deed  and  report  herein 
provided  for.  Unless  prior  to  the  day  so  to  be  mentioned 
in  such  notice,  there  shall  be  paid  to  the  said  tax  collector 
the  full  amount  for  which  said  property  was  sold  to  the 
state,  together  with  all  interest  and  penalties  thereon 
and  all  expenses  and  costs  connected  therewith,  and  all 
■subsequent  state  and  county  taxes  not  theretofore  paid 
in  full,  and  all  interest  and  penalties  thereon  and  all  costs 
and  expenses  connected  therewith,  and  also  the  expense 
of  publishing-  or  posting  said  notice,  as  the  case  may 
be,  then  said  tax  collector  shall  on  said  day,  or  within 
ten  days  thereafter,  execute,  acknowledge  and  deliver 
such  deed  to  said  regents  without  any  payment,  charge  or 
fee  therefor,  and  saall  within  five  days  thereafter  report 
in  writing  to  the  controller  the  fact  of  the  execution 
of  such  deed.  In  the  event  said  notice  shall  describe 
two  or  more  pieces  of  land  assesser  separately  and  sold 
separately  to  the  state,  then  if  all  the  payments  above 
provided  for  be  made  witLin  the  time  aforesaid  in  respect 
to  any  one  of  said  pieces  so  separately  assessed  and  sold 
(including  the  entire  cost  of  publishing  or  posting  said 
notice,  as  the  case  may  be),  such  piece  so  paid  upon  shall 
not  be  included  in  the  deed  herein  provided  for,  and  the 
fact  of  such  payment  and  amount  paid  shall  be  stated  in 
the  said  report  to  the  controller.  Such  deed  shall  transfer, 
grant,  convey  and  confirm  to  the  regents  of  the  University 
of  California  the  entire  title  to  such  lands,  free  and  clear 
of  all  claims  and  incumbrances  whatsoever;  but  nothing 
herein  contained  shall  be  held  to  interfere  with  the  right 
of  said  regents  to  enforce  said  mortgage  or  the  payment 
of  the  debt  secured  thereby,  or  to  procure  a  decree  of 
foreclosure  and  a  sale  under  such  decree  of  all  or  any 
of  the  property  described  in  such  mortgage.  Said  deed 
shall  recite  the  facts  in  this  section  provided  as  authoriz- 
ing,- its  execution  and  shall  be  prima  facie  evidence  thereof 
and  of  all  matters  therein  recited  and  of  the  ownership 
of  said  lands  by  said  regents.  Said  deed  may  be  recorded 
in  the  offlce  of  the  county  recorder  of  the  county  or  city 
and  county  in  which  any  such  lands  are  situated;  and 
upon  the  expiration  of  two  :  ears  after  it  has  been  so 
recorded,  shall,  (excer  as  against  parties  deriving  title 
through  a  sale  ana  purchase  under  decree  of  foreclosure 
of  such  mortgage),  bt  conclusive  evidence  that  the  com- 


907  MISCELLANEOUS    REVENUE    PROVISIONS.  §  389a 

plete  fee  simple  title  to  the  property  therein  described 
vested  at  the  date  of  said  deed  in  the  regents  of  the 
University  of  California,  free  and  clear  of  all  claims, 
liens,  charges,  and  incumbrances  whatsoever;  provided, 
however,  that  in  any  action  which  may  be  commenced 
against  said  regents  before  the  expiration  of  said  two 
years  to  question  the  title  of  said  regents  to  said  property, 
said  deed  shall  be  prima  facie  evidence  only.  The  expense 
of  the  publication  ard  posting  herein  provided  for  shall 
be  paid  by  the  regents  of  the  University  of  California, 
unless  such  expense  should  be  paid  to  said  tax  collector 
prior  to  the  day  mentioned  in  said  notice,  as  hereinabove 
permitted.  While  any  mortgage  to  said  regents  appear? 
of  record  and  not  satisfied  of  record,  no  sale  of  any  lands 
therein  described  shall  be  made  under  the  provisions  of 
section  3897  of  this  code.  Any  moneys  which  may  be 
paid  under  the  provisions  of  this  section  shall  be  dis- 
tributed as  provided  in  section  3898  of  this  code.  En. 
Suats.  1903,  154. 

§  3899.     Action    for    taxes    over    three    hundred    dollars. 

The  controller  may,  at  any  time  after  a  delinquent  list 
has  been  delivered  to  a  tax  collector,  direct  such  tax 
c  Hector  not  to  proceed  in  the  sale  of  any  property  on 
said  list  whereon  the  taxes  shall  amount  to  three  hundred 
dollars  or  more.  Upon  such  direction,  the  tax  collector 
must  make  out,  and  deliver  to  the  controller,  a  certified 
copy  of  the  entries  upon  the  delinquent  list  relative  to 
such  tax.  The  controller  shall  thereupon  direct  the  attor- 
ney-general to  bring  suit  against  the  delinquent,  in  the 
proper  court,  in  the  name  of  the  people  of  the  state  of 
California,  to  enforce  such  collection.  The  provisions  of 
the  Code  of  Civil  Procedure  relating  to  pleadings,  proofs, 
trials  and  appeals,  are  hereby  made  applicable  to  the  pro- 
ceedings herein  provided  for.  The  moneys  received  in 
pursuance  of  this  section  shall  be  distributed  as  provided 
in  the  preceding  section.  En.  Stats.  1873-4,  154.  Am'd. 
1895.  23;  1895.  335. 

Cal.  Rep.  Cit.  73,  613;  83,  412;  99,  599;  99,  600;  99,  601; 
137,  464. 

This  section  was  also  amended  at  the  same  session 
(p.  23)   as  follows: 

The  controller  may,  at  any  time  after  a  delinquent  list 
has  been  delivered  to  a  collector,  direct  such  collector 
not  to  proceed  in  the  collection  of  any  tax  on  said  list 
amounting  to  three  hundred  dollars,  further  than  to 
offer  for  sale  but  once  to  the  state  any  property  upon 
which  such  tax  is  a  lien.  Upon  such  direction,  the  col- 
lector, after  offering  the  property  for  sale  once,  if  the 
taxes  which  are  a  lien  upon  such  property  are  not  then 


§  3900  MISCELLANEOUS    REVENUE    PROVISIONS.  908 

and  there  paid  by  the  owner  or  person  in  interest,  the 
collector  must  make  out  and  deliver  to  the  controller 
a  certified  copy  of  the  entries  upon  the  delinquent  list 
relative  to  such  tax,  and  the  tax  collector,  or  the  con- 
troller, in  case  the  tax  collector  refuses  or  neglects  for 
fifteen  days  after  being  directed  to  bring  suit  for  collection 
by  the  controller,  may  proceed  by  civil  action  in  the  proper 
court,  and  in  the  name  of  the  people  of  the  state  of  Cali- 
fornia, to  collect  such  tax  and  cost. 

§  3900.     Officials  maj'  designate  where  action  commenced. 

Whenever,  in  this  title,  any  oflBcial,  or  officials,  are  author- 
ized to  commence  an  action  for  the  violation  of  any  law 
relating  to  revenue,  or  to  compel  the  specific  performance 
thereof,  such  official,  or  officials,  may  designate  the 
county,  or  city  and  county,  in  which  such  action  shall  be 
commenced  as  prosecuted.  En.  Stats.  1873-4,  155.  Am'd. 
1895,  335. 

Cal.  Rep.   Cit.     73,  613;   83,  412;    108,  300. 

The  one  hundred  and  twelfth  and  one  hundred  and  thir- 
teenth section  of  the  act  of  1895,  amending  the  tax  law  'are 
as  follows: 

Sec.  12.  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed;  provided,  nothing  in  this 
act  contained  shall  affect  the  time  or  manner  of  collect- 
ing delinquent  assessments  levied  and  assessed  to  pay 
the  damages,  costs  and  expenses  for  or  incident  to  the 
laying  out,  opening,  extending,  widening,  straightening, 
diverging,  ci^rving,  contracting  or  closing  up,  in  whole 
or  in  part,  any  street,  square,  lane,  alley,  court  or  place 
within  municipalities  in  this  state,  nor  the  time  or  man- 
ner of  sales,  or  redemption  after  sales,  of  real  property 
sold  to  pay  the  damages,  costs  and  expenses  incident  to 
such  work  or  improvement  aforesaid;  and  the  time  and 
manner  of  sale  or  redemption  after  sale  of  any  real  prop- 
erty sold  to  pay  the  damage,  cost  and  expense  for  or 
incident  to  laying  out,  opening,  extending,  widening, 
straightening,  diverging,  curving,  contracting  or  closing 
up,  in  whole  or  in  part,  any  street,  square,  lane,  alley, 
court  or  place  within  municipalities  in  this  state  shall 
be  had  and  made  in  the  same-time  and  manner,  as  provided 
by  law  in  such  matters,  on  the  first  day  of  January,  Anno 
Domini  eighteen  hundred  and  ninety-five. 

Sec.  113.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Attachment:   See  Code  Civ.  Proc,  sees.  537-559. 

Crimes  against  the  revenue  and  property  of  this  state: 
Pen.  Code,  sees.  424-443. 


PART  ly. 

OF   THE    GOVERNMENT   OF   COUNTIES,   CITIES   AND 
TOWNS. 

(9oa> 


PART  IV. 


OF   THE   GOVERN' TENT   OF   COUNTIES,   CITIES   AND 
TOWNS. 

Title  I.     Of  Counties,  §§  3901-3985. 

II.    The  Government  of  Counties,  §§  4000-4347. 
III.     The  Government  of  Cities,  §§  4354-4449. 
rV.     Liability  of  Counties   and   Cities  for  Injuries   to 
Property  by  Mobs  or  Riots,  §§  4452-4457. 
V.     Publications  by  State  OflBcers   and   Commission- 
ers, or  tne  Officers  of  Counties,  Cities,  Cities 
and   Counties,  or  Towns,   §§   4458,  4459. 


TITLE  I. 

OF  COUNTIES. 

Chapter  I.    County  Boundaries  and  County  Seats,  §§  3901- 
3958. 
II.    General   Provisions   Relating   to   Counties,   §§ 
3969-3985. 

CHAPTER  I. 

COUNTY  BOUNDARIES  AND   COUNTY  SEATS. 

§  3901.  County    defined. 

§  3902.  Counties  in  state  designated   In  this  title. 

§  3903.  Courses  deemed  true. 

§  3904.  Directions   deemed    due. 

§  390.').  To,  on,  along-,   with  or  by  a  mountain  or  ridge,   defined. 

§  3906.  To,  by,   along,  with.   In,  up,   or  down  a  creek,   etc.,   defined. 

§  3907.  In,  to,  or  from  ocean  shore,   etc.,  defined. 

§  3908.  Mouth  of  creek,  etc.,  defined. 

5  3909.  Del   Norte. 

§  3910.  Klamath. 

§  3911.  Shasta. 

§  3912.  Lassen. 

§  3913.  Siskiyou. 

I  3914.  Humboldt. 

§  3915.  Tehama. 

5  3916.  Colusa. 

5  3917.  Lake. 

§  3918.  Mendocino. 

§  3919.  Trinity. 

5  3920.  Plumas. 

(910) 


911  COUNTY    BOUNDARIES    AND    SEATS.  §§  SaOl,  ZWZ 

§  3921.  Sierra. 

§  3922.  Butte. 

§  3923.  Nevada. 

§  3H2-J  Placer. 

§  3925.  Yuba. 

§  3926.  Sutter. 

§  3927.  El   Dorado. 

§  3928.  Sacramento. 

§  3929.  Yolo. 

§  3930.  Amador. 

§  3931.  Alpine. 

§  3932.  San   Joaquin. 

§  3933.  Stanislaus. 

§  3934.  Merced^ 

§  3935.  Mono. 

§  .39.36.  Calaveras. 

§  3ii37.  Tuolumne. 

§  3938.  Mariposa. 

§  3939.  Fresno. 

§  3940.  Tulare. 

§  3941.  Kern. 

§  3942.  Inyo. 

§  3943.  San    Bernardino. 

§  3!)44.  San  Diego. 

§  3945.  Los  Angeles. 

§  3946.  Santa    Barbara. 

§  3947.  San  Luis  Obispo. 

§  3948.  Monterey. 

§  3949.  Santa  Cruz. 

§  39.^0.  San    Francisco. 

§  3931.  San   Mateo. 

§  39.12.  Santa  Clara. 

§  3953.  Alameda. 

§  3954.  Contra    Costa. 

§  3955.  Sonoma. 

§  S956.  Solano. 

§  3957.  Marin. 

§  3958.  Napa. 

§  3901.  County  defined.  A  county  is  the  largest  political 
division  of  the  state  „aving  corporate  powers.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     60,  347;  114,  325;  133,  77. 

County — Governments,  sees.  4000-4347;  legislature  to  pro- 
vide a  system  of  uniform,  Const.  Cal.,  art.  XI,  sec.  4; 
consolidation  with  city.  Id.,  art.  XI,  sec.  7.  Limits:  The 
several  counties  as  existing,  recognized  as  legal  sub- 
divisions of  the  state.  Const.  Cal.,  art.  XI,  sec.  1;  bound- 
aries, post,  sees.  3909-3958.  New,  formation  of,  Const.  Cal., 
art.  XI,  sec.  3;  see  post,  sec.  3975.  Seat,  removal  of,  Const. 
Cal.,  art.  XI,  sec.  2;  see  post,  sees.  3976-3985. 

§  3902.  Counties  in  state  designated  in  this  title.  This 
state  is  divided  into  counties,  named,  bounded  rnd  con- 
stituted as  provided  in  this  title.    En.  March  12,  1872. 

Cal.  Rep.  Cit.    114,  325. 


§§  3903-3909  COUNTY    BOUNDARIES    AND    SEATS.  Kli! 

Counties  s  they  now  exist,  recognized  as  legal  sub- 
divisions of  this  state:   Const.  Cal.,  art.  XI,  sec.  1. 

Boundaries  and  seats:  Post,  sees.  3909-3958.  Disputed: 
Po.-3t,  sees.  3969  et  seci. 

New  county,  act  providing  for  transfer  of  fund  on:  See 
General  Laws,  title  Counties. 

Acts  relating  to  boundary  lines  between  certain  coun- 
ties:  See  General  Laws,  title  County  Boundaries. 

§  3903.  Courses  deemed  true.  In  describing  courses  the 
words  "north,"  "south,"  "east"  and  "west,"  mean  true 
courses,  and  refer  to  the  true  meridian  unless  otherwise 
declared.     iHn.  March  12,  1872. 

§  3904.  Directions  deemed  due.  The  words  "northerly," 
"southerly,"  "easterly"  and  "westerly,"  mean  due  north, 
due  south,  due  east  and  due  west,  unless  controlled  by 
other  words,  or  by  lines,  monuments,  or  natural  objects. 
En.  March  12,  1872. 

§  3905.  To,  on,  al>-ng,  with  or  by  a  mountain  or  ridge 
defined.  The  words  "to,"  "on,"  "along,"  "with,"  or  "by" 
a  mountain  or  ridge,  mean  summit  point,  or  summit  line, 
unless  otherwise  expressed.     En.  March  12,  1872. 

§  3906.  To,  by,  along,  witii,  in,  up  or  down  a  creek,  etc., 
defined.  The  words  "to,"  "by,"  "along,,"  "with,"  "in,"  "up" 
or  "down"  a  creek,  river,  slough,  strait,  or  bay,  mean  the 
middle  of  the  main  channel  thereof,  unless  otherwise  ex- 
pressed.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     137,  205. 

§  3907.     In,  to,  or  from  ocean  siiore,  etc.,  defined.     The 

words  "in,"  "to"  or  "from"  the  ocean  shore  mean  a  point 
three  miles  from  shore.  The  words  "along,"  "with,"  "by" 
or  "on"  the  ocean  shore,  mean  on  a  line  parallel  with 
and  three  miles  from  the  shore.     En.  March  12,  1872. 

§  3908.  Mouth  of  creel<,  etc.,  deiined.  The  mouth  of  a 
creek,  river  or  slough  which  empties  into  another  creek, 
river  or  slough,  is  the  point  where  the  middle  of  the  chan- 
nel intersects.    En.  March  12,  1872. 

DEL  NORTE. 

j  3909.  uel  Norte.  Situated  in  the  northwest  corner  of 
the  Btate  of  California,  beginning  at  a  point  in  the  Pacific 


913  COUNTY   EOUNDARIKS    AND    SEATS.  55  3S10,  3an 

Ocean,  on  the  forty-second  parallel  of  north  latitude,  three 
miles  from  shore,  heing  on  the  southern  line  of  Oregon; 
thence  running  southerly,  three  miles  from  ocean  shore, 
to  a  point  on  the  northern  line  of  Humboldt  County,  one 
mile  south  of  the  mouth  of  Klamath  River;  thence  easterly, 
along  the  northern  boundary  of  Humboldt  County,  to  the 
summit  of  a  spur  of  the  Siskiyou  range  of  mountains; 
thence  northerly,  following  the  summit  of  said  spur  of  the 
Siskiyou  range  of  mountains,  to  the  forty-second  parallel 
of  north  latitude;  thence  due  west  to  the  place  of  begin- 
ning.    En.  March  12,  1872.     Am'd.  1887,  106. 

Cal.  Rep.  Cit.     114,  325. 

KLAMATH. 

§  3910.  Klamath.  Beginning  at  the  southwest  corner 
of  Del  Norte,  as  established  in  section  3909;  thence  south- 
erly, by  ocean  shore,  to  a  point  west  from  the  mouth  of 
Mad  River,  forming  southwest  corner;  thence  east  to  a, 
point  in  Trinity  River,  which  forms  common  corner  of 
Humboldt,  Klamath  and  Trinity;  thence  northeasterly  to 
and  along  Scott's  Mountain  to  its  point  of  intersection 
with  the  ridge  dividing  the  waters  which  flow  into  Scott's 
Shasta  and  Sacramento  rivers  on  the  north  from  the 
waters  which  flow  into  Salmon  and  Klamath  rivers  on  the 
south,  forming  the  common  corner  of  Siskiyou,  Klamath 
and  Trinity;  thence  northerly  to  and  along  the  last-men- 
tioned ridge  to  the  southeast  corner  of  Del  Norte,  as 
established  in  section  3909;  thence  westerly  along  the 
southerly  line  of  Del  Norte  to  the  place  of  beginning. 

County  seat — Orleans  Bar.     En.  March  12,  1872. 

Annexation  of  Klamath  County  to  Humboldt  and  Siski- 
you counties:  See  act  in  Stats.  1874,  p.  755,  and  amenda- 
tory and  supplementary  act  in  Stats.  1876,  p.  603. 

SHASTA. 

§  3911.  Shasta.  Beginning  at  the  northerly  line  of 
Tehama,  at  the  head  of  Bloody  Island,  in  Sacramento 
River;  thence  to  and  down  the  eastern  channel  to  the 
mouth  of  Battle  Creek;  thence  easterly,  up  Battle  Creek, 
by  the  main  channel,  to  the  mouth  of  the  middle  fork, 
known  as  Digger  Creek;  thence  up  Digger  Creek  to  its' 
head;  thence  east  to  a  point  south  of  Black  Butte  Moun- 
tain, forming  southeast  corner;   thence  north,  on  western 

Pol.  Code— 58 


5§  3912,  3913  COUNTY   BOUNDARIES   AND   SEATS.  914 

line  of  Lassen,  to  a  rock  mound,  forming  northeast  corner, 
on  southern  line  of  Siskiyou;  thence  west,  on  said  southern 
line,  to  Castle  Rock,  forming  northwest  corner;  thence 
southerly  along  Trinity  Mountain  to  the  head  of  Bee  Gum 
Creek,  forming  southwest  corner;  thence  easterly,  down 
Bee  Gum,  Middle  Fork  and  Cottonwood  creeks  to  the 
western  channel  of  Sacramento  River;  thence  by  direct 
line,  to  the  point  of  beginning. 
County  seat— Shasta  City.    En.  March  12,  1872. 

LASSEN, 

§  3912.  Lr.ssen.  Beginning  at  southwest  corner,  on  the 
northern  line  of  Sierra,  as  established  in  section  3921,  at  a 
point  on  the  summit  of  the  ridge  which  crosses  said  line, 
and  which  "divides  Long  Valley  from  Sierra  Valley;  thence 
northwesterly,  following  said  ridge,  to  a  point  due  south 
from  the  town  of  Susan ville;  thence  westerly,  along  the 
ridge  separating  the  waters  which  flow  into  the  east 
branch  of  the  north  fork  of  Feather  River,  running  through 
Indian  Valley,  from  those  which  flow  into  the  north  fork 
of  Feather  River,  running  through  Mountain  Meadows,  to 
a  point  on  said  ridge  south  from  the  point  where  the  old 
and  present  traveled  road  from  the  Big  Meadows,  via 
Hamilton's  ranch,  first  crosses  the  said  north  fork;  thence 
north,  to  a  point  east  of  the  soutueast  corner  of  Shasta; 
thence  west,  along  said  extension  line,  to  a  point  due 
south  of  Black  Butte  Mountain,  being  southeast  corner 
of  Shasta;  thence  north,  to  a  point  on  southern  line  of 
Siskiyou  marked  by  a  rock  mound,  being  northwest  corner 
of  Lassen  and  nortneast  corner  of  Shasta;  thence  east, 
along  said  1  le  to  the  eastern  boundary  of  the  state;  thence 
south  along  said  state  line,  to  the  northeast  corner  of 
Sierra,  as  established  in  section  3921;  thence  west,  along 
tne  line  of  Sierra,  to  the  place  of  beginning. 

County  seat — Susan-ille.     En.  March  12,  1872. 

Cal.    Rep.  Cit.     104,   291. 

Survey  of  boundary  line  between  Lassen  and  Siskiyou: 
Stats.  1872,  p.  886. 

SISKIYOU. 

§  3913.  Siskiyou.  Commencing  on  the  northern  line 
of  the  state  of  California,  at  the  range  line  between 
ranges    numbered  four  (4)  and    five  (5)    east    of    Mount 


915  COUNTY    BOUNDARIES    AND    SEATS.  §§  3914,  3915 

Diablo  base  and  meridian;  thence  due  south  on  said  range 
line  to  the  northern  line  of  Shasta  County;  thence  westerly 
along  the  northern  line  of  Shasta  and  Trinity  counties  to 
the  top  of  the  ridge  dividing  the  waters  of  the  Salmon 
and  its  tributaries  from  the  waters  that  flow  into  the 
Flamath  and  Trinity  rivers  and  their  tributaries,  to  where 
the  Salmon  enters  the  Klamath  River;  thence  westerly 
on  a  direct  line  to  the  summit  of  me  spur  of  the  Siskiyou 
range  of  mountains;  thence  northeasterly,  following  the 
southeasterly  line  of  Del  Norte  County,  as  described  in 
section  one  of  this  act,  to  the  forty-second  parallel  of 
north  latitude;  thence  due  east  along  the  line  dividing  the 
states  of  Oregon  and  California,  to  the  place  of  beginning. 
En.  March  12,  1872.     Am'd.  1887,  106. 

See,  also,  act  of  March  28,  1874,  as  to  partitioning  of 
Klamath  County,  between  Siskiyou  and  Humboldt  coun- 
ties:  Ante,  sec.  3910,  note. 

Modoc , County,  act  creating:  See  General  Laws,  title 
Modoc  County. 

HUMBOLDT. 

§  3914.  Humboldt.  Beginning  at  southwest  corner, 
of  Klamath,  as  established  in  section  3910;  thence  east, 
to  common  corner  of  Klamath,  Humboldt  and  Trinity,  in 
Trinity  River,  as  established  by  section  3910;  thence 
southeasterly,  up  Trinity  River,  to  the  mouth  of  its  south 
fork;  thence  southeasterly,  along  the  eastern  side  of  said 
south  fork,  one  hundred  feet  above  high  water  mark,  to 
the  mouth  of  Grouse  Creek ;  thence  south,  to  a  point  on  the 
fortieth  degree  of  north  latitude,  being  on  northern  line 
of  Mendocino,  and  forming  southeast  corner  of  Humboldt; 
thence  west,  on  said  line  to  the  Pacific  Ocean;  thence 
northerly  along  the  ocean  shore,  to  the  place  of  beginning. 

County   seat — Eureka.     En.   March   12,    1872. 

Annexation  of  part  of  Klamath  County  to  Humboldt: 
See  sec.  3910,  note. 

TEHAMA. 

§  3915.  Tehama.  Beginning  at  the  point  of  intersection 
of  Sacramento  River  with  south  line  of  township  twenty- 
three  north.  Mount  Diablo  base;  thence  west,  o-^  -said 
line,  being  northern  line  of  Colusa,  to  the  summit  of 
the  Coast  Range,  being  southwest   corner;    thence   north- 


§  3916  COUNTY    BOUNDARIES    AND    SEATS.  916 

erly,  on  said  summit  line  to  the  southwest  corner  of 
Shasta,  as  established  in  section  3911;  thence  easterly, 
on  the  southern  line  of  Shasta,  as  established  in  section 
3911,  to  the  northwest  corner  of  Plumas,  "jeing  the  point 
of  intersection  of  southern  line  of  Shasta  with  the  summit 
line  of  the  dividing  ridge  between  the  waters  of  Mill  and 
Teer  creeks,  tributaries  of  the  Sacramento  River,  and 
Rice's  and  Warner's  creel-cs.  tributaries  of  the  north  fork 
of  Feather  River,  forming  northeast  corner  of  Tehama; 
thence  southerly,  along  said  summit  line,  to  the  north 
point  of  Butte  County,  it  being  the  point  where  the 
northern  road  from  Big  Meadows  to  Butte  Meadows,  by 
Dye's  house  crosses  the  said  summit  line;  thence  south- 
westerly, in  a  direct  line,  to  the  head  of  Rock  Creek; 
thence  southwesterly,  down  Rock  Creek  to  the  south  line 
of  township  twenty-four  north,  Moun.  Diablo  base;  thence 
west.  On  said  line,  to  the  Sacramento  River;  thence  along 
said  river  to  the  place  of  beginning. 

County  seat — Red  Bluff.  ■  En.  :  larch  12,  1872. 


COLUSA. 

§  3916.  Colusa.  Beginning  at  southeast  corner,  being 
northeast  corner  of  Yolo,  in  Sacramento  River,  at  its 
intersection  with  the  south  line  of  township  thirteen  north, 
Mount  Diablo  base;  thence  west  on  said  township  line  to 
the  ridge  dividing  the  waters  flowing  into  Bear  Creek  and 
Stony  Creek,  from  those  flowing  west  into  the  north  fork 
of  Cache  Creek  and  Clear  Lake;  thence  northerly,  along 
said  ridge  to  the  summit  line  of  the  Coast  Range,  being 
the  western  line  of  Lrake,  forming  southwest  corner  of 
Colusa  and  northwest  corner  of  Yolo;  thence  northerly 
on  said  summit  and  western  boundary  of  Lake,  through 
Huir.-5  Mountain,  to  the  southwest  corner  of  Tehama,  as 
established  in  section  3915;  thence  easterly  on  southern 
line  of  Tehama  to  inuial  point  of  Tehama,  in  Sacramento 
River  on  south  line  of  township  twenty-three;  thence 
down  said  river  to  the  southwest  corner  of  the  Llano  Seco 
grant;  thence  northeasterly,  along  said  grant  line  to  Its 
intersection  with  the  northern  boundary  of  township 
nineteen  north;  thence  east  to  Butte  Creek;  thence  down 
Butte  Creek  to  Butte  Slough;  thence  up  Butte  Slough  to 
Sacramento  River;  thence  down  Sacramento  River  to  the 
place  of  beginning. 


917  COUNTY    BOUNDARIES    AND    SEATS.  g§  3917,  3918 

County  seat — Colusa.     En.  March  12,  1872. 
Cal.  Rep.  Cit.      64,  179. 

Location  of  boundary  between  Glenn  and   Colusa:    See 
General  Laws,  title  County  Boundaries. 


LAKE. 

§  3917.  Lake.  Beginning  at  the  summit  of  Mount  Hull, 
near  Mount  St.  John,  on  the  western  line  of  Colusa,  and 
forming  the  northeast  corner  of  Lake  and  east  corner  of 
Mendocino;  thence  southerly  and  circuitously,  by  the 
summit  line  of  the  Mayacmas  Range,  being  the  dividing 
ridge  between  the  waters  flowing  into  the  Russian  and  Eel 
rivers  and  those  flowing  easterly  into  Clear  Lake,  to  the 
summit  of  Mount  St.  Helena;  thence  easterly  along  the 
line  heretofore  established,  to  the  Buttes  Canyon  road; 
thence  easterly,  in  a  right  line,  to  the  most  northern  point 
of  the  Berryessa  rancho;  thence  easterly  along  the 
northern  line  of  said  rancho,  to  the  northeast  corner 
thereof;  thence  east  to  the  western  line  of  Yolo  County, 
as  established  in  section  3929;  thence  northerly,  on  the 
western  line  of  Yolo  and  Colusa  counties,  to  the  place  of 
beginning. 

County  seat — Lakeport.     En.  March  12,  1872. 

Boundary  line  between  Lake  and  Yolo  counties,  act  to 
more  clearly  define:  Stats.  1872,  p.  903. 


MENDOCINO. 

§  3918.  Mendocino.  Beginning  at  the  southwest  corner 
of  Humboldt,  as  established  in  section  3914;  thence  south- 
westerly by  the  ocean  shore,  to  a  point  three  miles  west 
of  Walhalla  River;  thence  east  to  the  mouth  of  said 
stream,  and  up  the  channel  two  miles;  thence  easterly 
in  a  direct  line,  on  northern  line  of  Sonoma,  to  the  most 
northern  and  highest  peak  of  Redwood  Mountain;  thence 
east  to  the  western  boundary  of  Lake,  on  the  summit  of 
the  Mayacmas  Ridge;  thence  northerly,  along  the  western 
and  northern  boundary  of  Lake,  as  established  in  section 
3917,  to  the  northeast  corner  thereof;  thence  northerly, 
along  the  western  boundaries  of  Colusa  and  Tehama,  as 
established  in  sections  3915  and  3916,  to  a  point  on  the 
line  of  the  fortieth  parallel  of  north  latitude,  forming  the 
northeast  corner  of  Mendocino  and  the  southeast  corner 


§§  3919,  3920        COUNTY  BOUNDARIES   AND  BEATS.  »18 

of  Trinity;   tlience  west  along  said  yarallel,  on  southern 
line  of  Humboldt  and  Trinity,  to  tlie  place  of  beginning. 
County  seat— Ukiah  City.     En.  March  12,  1872. 


TRINITY. 

§  3919.  Trinity.  Beginning  at  the  northeast  corner  of 
Jlendocino,  as  established  in  section  3918,  on  the  summit 
line  of  the  Coast  Range;  thence  northerly,  on  said  range 
and  the  western  line  of  Tehama  and  Shasta,  to  the  point 
of  intersection  with  the  southern  line  of  Siskiyou,  being 
northeast  corner  of  Trinity  and  northwest  corner  of 
Shasta;  thence  westerly,  on  the  ridge  dividing  the  waters 
flowing  south  and  west  into  Trinity  and  Salmon  rivers 
from  the  waters  flowing  north  and  east  into  Scott's  and 
Sacramento  rivers,  to  common  corner  of  Klamath,  Siski- 
you and  Trinity,  as  established  in  section  3910;  thence 
southwesterly,  on  the  line  of  Scott's  Mountain,  being  the 
southern  line  of  Klamath,  to  common  corner  of  Trinity, 
Klamath  and  Humboldt,  as  established  in  section  3909; 
thence  southerly,  by  the  eastern  line  of  Humboldt,  to 
the  fortieth  parallel  of  latitude,  being  the  northern  line 
of  Mendocino,  forming  southwest  corner;  thence  east,  to 
the  place  of  beginning. 

County  seat — Wea^  erville.     En.  March  12,  1872. 

PLUMAS. 

§  3920.  Plumas.  Beginning  on  dividing  ridge  between 
the  waters  of  Yuba  and  Feather  rivers,  at  common  corner 
of  Yuba,  Butte,  and  Plumas,  established  by  survey  and 
map  of  Joseph  Johnston,  county  surveyor  of  Yuba  County, 
July,  eighteen  hundred  and  fifty-seven,  and  indicated  by  a 
large  spruce  tree  standing  in  front  of  the  Buckeye  House, 
marked  "Corner  of  Plumas,  Butte  and  Yuba";  thence 
northeasterly  by  direct  line  to  the  northwest  corner  of 
Sierra  and  the  south  corner  of  Plumas,  in  Slate  Creek, 
at  a  point  vyhere  the  third  course  or  terminating  north  and 
south  line  of  survey  of  Keddie  and  Church,  made  June 
nineteenth,  eighteen  hundred  and  sixty-six,  crosses  said 
creek;  thence  northeasterly,  up  said  creek,  to  the  inter- 
section of  the  first  north  and  south  line  of  said  survey; 
thence  north,  on  said  line,  to  the  initial  point  thereof, 
being  the  summit  line  of  the  ridge  dividing  the  waters  of 
Feather  River  from  the  waters  of  the  Yuba  River;  thence 


919  COUNTY  BOUNDARIES   AND   SEATS.  §8  3921,  iVi'i 

easterly,  on  said  summit  line,  and  east  to  "The  Falls," 
aboiit  one  mile  below  the  outlet  of  Gold  Lake;  thence  east, 
to  the  summit  of  the  ridge  which  divides  Long  Valley 
from  Sierra  Valley,  this  point  forming  the  most  southern 
southwest  corner  of  Lassen,  as  established  in  section  3912, 
also  the  southeast  corner  of  Plumas;  thence  northwesterly, 
on  the  southwestern  irregular  line  of  Lassen,  as  estab- 
lished in  section  3912,  to  the  southeast  corner  of  Shasta, 
as  established  in  section  3911;  thence  west,  on  the 
southern  line  of  Shasta,  to  the  northeast  corner  of  Tehama, 
as  established  in  section  3915;  thence  southerly,  on  the 
ridge,  being  the  eastern  line  of  Tehama  and  Butte,  to 
the  point  of  intersection  of  a  line  running  northwesterly 
from  the  initial  point,  at  the  Buckeye  House,  in  line  with 
said  initial  point  and  the  southern  edge  of  Walker's  Plains; 
thence  on  said  line  to  the  place  of  beginning. 
County  seat — Quincy.     En.  March  12,  1872. 

SIERRA. 

§  3921.  Sierra.  Beginning  at  the  south  corner  of 
Plumas,  in  the  center  of  State  Creek,  as  established  in 
section  3920;  thence  easterly,  on  southern  line  of  Plumas, 
as  established  in  said  section,  to  the  range  line  between 
township  twenty-one  north,  range  thirteen  east,  and  town- 
ship twenty-one  north,  fourteen  east,  Mt.  Diablo  meridian; 
thence  north  on  said  range  line,  to  the  northwest  corner 
of  township  twentj'-one  north,  fourteen  east.  Mount  Diablo 
B.  and  M.;  thence  east  on  the  line  between  townships 
twenty-one  and  twenty-two  north,  Mt.  Diablo  base,  to  the 
state  line  forming  the  northeast  corner;  thence  south  on 
said  state  line  to  the  northeast  corner  of  Nevada  County, 
a  point  east  of  the  source  of  south  fork  of  the  Middle  Yuba 
River;  thence  west  to  the  source  of  and  down  the  south 
fork  and  Middle  Yuba  River  to  a  point  ten  miles 
above  the  mouth  of  the  latter;  thence  in  a  straight  line 
northerly  to  a  point  on  the  north  fork  of  the  Yuba  River 
known  as  Cuteye  Foster's  Bar;  down  said  river  to  the 
mouth  of  Big  Canyon  Creek,  then  up  said  creek  four  miles; 
thence  in  a  straight  line  to  the  place  of  beginning. 

County  seat — Downieville.  En.  March  12,  1872.  Am'd. 
1873-4,  166. 

BUTTE. 

§  3922.  Butte.  Beginning  at  the  northwest  cortier  of 
Yuba,  in  Feather  River,  at  the  mouth  of  Honcut  Creek; 

30 


§  3923  COUNTY    BOUNDARIES   AND    SEATS.  5(20 

thence  northeasterly,  up  the  Honcut  Creek  and  the  north 
or  Natchez  branch  of  the  same,  to  its  source,  on  line 
established  by  surveyor-general,  on  survey  of  Westcoatt 
and  Henning,  eighteen  hundred  and  fifty-nine;  thence  to 
th3  summit  line  of  the  ridge  dividing  the  waters  of  the 
Yuba  and  Feather  rivers;  thence  northeasterly,  up  said 
ridge,  on  line  of  said  survey,  to  the  third  station  three 
westerly  from  the  Woodville  House;  thence  in  a  right 
line,  fifty  chains  more  or  less,  to  a  station  tree  easterly 
from  said  house  about  twenty-six  chains — said  right 
line  passing  about  three  chains  northerly  of  said  house; 
thence  northeasterly  on  said  ridge  and  survey,  to  a 
point  on  line  of  said  survey  a  little  westerly  from  the 
village  of  Strawberry  Valley — which  point  is  two  thousand 
feet  distant  westerly,  in  right  line  from  point  of  highest 
altitude  on  line  of  said  survey  east,  and  within  three  hun- 
dred yards  of  the  village  of  Strawberry  Valley;  thence 
to  the  common  corner  of  Plumas,  Butte  and  Yuba,  as 
established  in  section  3920;  thence  northwesterly,  on 
southwesterly  line  of  Plumas,  as  established  in  said 
section,  to  the  most  eastern,  southeastern  corner  of 
Tehama,  as  established  in  section  3915,  forming  also  north 
corner  of  Butte;  thence  southwesterly  on  the  southeasterly 
line  of  Tehama  to  the  southeast  corner  of  Tehama,  at 
point  of  intersection  of  Rock  Creek  and  southern  line  of 
township  twenty-four  north,  Mt.  Diablo  base;  thence  west 
on  said  township  line  to  the  Sacramento  River;  thence 
down  said  river  to  the  southwest  corner  of  the  Llano  Seco 
grant;  thence  northeasterly,  along  said  grant  line  to  its 
intersection  with  northern  boundary  of  township  nine- 
teen north;  thence  east  to  Watson's  bridge,  on  Butte 
Creek;  thence  on  Colusa  County  east  line,  down  Butte 
Creek,  to  the  northwest  corner  of  Sutter  County,  as  estab- 
lished in  section  3920;  thence  east,  on  north  line  of  Sutter 
County  to  Feather  River;  thence  down  Feather  River  to 
place  of  beginning. 

County  seat— Oroville.  En.  March  12,  1872.  Am'd. 
1873-4,  167. 

NEVADA. 

§  3923.  Nevada.  Beginning  at  northwest  corner,  at  a 
point  in  the  main  Yuba  River,  at  the  mouth  of  Deer  Creek; 
thence  up  the  main  Yuba,  to  the  mouth  of  the  Middle 
Yuba;  thence  up  the  latter,  to  the  mouth  of  the  south 
fork  of  the  same;  thence  up  the  south  fork,  to  its  source; 


921  COUNTY    BOUNDARIES   AND    SEATS.  §§  3924,  3925 

thence  east,  to  the  eastern  line  of  the  state,  all  on  the 
southeastern  and  southern  lines  of  Yuba  and  Sierra; 
thence  south,  along  the  state  line,  to  the  northeast  corner 
of  Placer,  as  established  in  section  3924;  thence  westerly, 
on  the  northern  line  of  Placer,  as  established  in  said 
section,  to  the  source  of  Bear  River;  thence  down  Bear 
River  to  a  point  south  of  the  junction  of  Deer  Creek  and 
the  main  Yuba,  forming  southwest  corner;  thence  north, 
to  the  place  of  beginning. 

County  seat— Nevada  City.     En.  March  12,  1872. 

PLACER. 

§  3924.  Placer.  Begininng  at  a  point  where  the  west 
line  of  township  ten  north,  range  five  east,  Mt.  Diablo 
meridian,  intersects  the  northern  line  of  Sacramento 
County,  as  established  in  section  3928;  thence  north,  on 
range  line,  to  the  northwest  corner  of  section  six,  in  town- 
ship ten  north,  range  five  east;  thence  east,  on  township 
line,  to  the  southwest  corner  of  section  thirty-one,  town- 
ship eleven  north,  range  five  east;  thence  north,  on  range 
line,  to  the  northwest  corner  of  township  twelve  north, 
range  five  east;  thence  east  to  the  southwest  corner  of 
section  thirty-four,  township  thirteen  north,  range  five 
east;  thence  north,  to  Bear  River;  thence  on  southern  line 
of  Yuba  and  Nevada  counties,  up  said  river  to  its  source; 
thence  east,  in  a  direct  line,  to  the  eastern  line  of  the 
state  of  California,  forming  northeast  corner;  thence 
southerly,  along  said  line,  to  the  northeast  corner  of  El 
Dorado,  as  established  in  section  3927;  thence  westerly, 
on  the  northern  lines  of  El  Dorado  and  Sacramento,  as 
established  in  sections  3927  and  3928,  to  the  place  of  be-- 
ginning.     En.   March   12,    1872.     Am'd.   1889,   402. 

YUBA. 

§  3925.  Yuba.  Beginning  at  southwest  corner,  at  junc- 
tion of  Feather  and  Bear  rivers;  thence  up  Bear  River, 
on  the  line  of  Sutter  and  Placer,  to  southwest  corner  of 
Nevada,  as  established  in  section  2923;  thence  north,  on 
Nevada  line,  to  the  junction  of  Deer  Creek  and  main  Yuba; 
thence  up  the  Main  to  the  Middle  Yuba,  and  up  the  Middle 
Yuba  len  miles,  to  the  southwest  corner  of  Sierra,  as 
established  in  section  3921;  thence  in  direct  line  northerly, 
and  on  line  of  Sierra,  to  Cuteye  Foster's  Bar,  on  north 


§§  3926,  3027  COUNTY    BOUNDARIES    AND    SEALS.  »ja 

Yuba  River;  thence  down  the  river  to  the  mouth  of  Big 
Canyon  Creek;  thence  up  said  creek  four  miles;  thence 
in  direct  line  to  south  corner  of  Plumas  and  northwest 
corner  of  Sierra,  in  Slate  Creek,  as  established  in  sections 
3920  and  3921;  thence  northwesterly,  in  a  direct  line,  to 
common  corner  of  Plumas.  Butte  and  Yuba,  in  front  of 
xj  ckeye  House,  as  established  in  section  3920;  thence 
on  southwestern  line  of  Butte,  as  established  in  Westcoatt 
and  Henning's  survey  and  map,  down  the  Honcut  Creek 
to  its  junction  with  Feather  River;  thence  down  Feather 
River  to  the  place  of  beginning. 

County  seat— Marysville.     En.  March  12,  1872. 

SUTTER. 

§  3926.  Sutter.  Beginning  at  the  northwest  corner  of 
Sacramento  County,  as  established  in  section  3928;  thence 
up  the  Sacramento  River  to  the  mouth  of  Butte  Creek 
Slough;  thence  down  said  slough  to  the  dividing  line 
between  sections  thirty-five  and  thirty-six.  township  six- 
teen north,  range  one  west,  Mount  Diablo  base  and 
meridian;  thence  north,  on  said  line  to  Butte  Creek; 
thence  following  said  Butte  Creek  to  its  intersection  with 
the  south  line  of  section  nineteen,  township  seventeen 
north,  range  one  east.  Mount  Diablo  base  and  meridian; 
thence  east,  on  section  line  to  Feather  River;  thence 
down  Feather  River  to  mouth  of  Bear  River;  thence  up 
Bear  River  to  northwest  corner  of  Placer  County,  as 
established  in  section  3924;  thence  along  the  western 
boundary  of  Placer  County  to  the  southwest  corner 
thereof;  thence  westerly  along  the  northern  boundary 
of  Sacramento  County  to  the  place  of  beginning.  En. 
March  12,  1872.     Am'd.  1891,  455. 

Cal.  Rep.  Cit.     130,  139. 

EL  DORADO. 

§  3927.  El  Dorado.  Beginning  on  the  west  corner,  at 
the  junction  of  the  north  and  south  forks  of  the  American 
River;  thence  up  the  north  fork  to  the  mouth  of  the 
middle  fork;  thence  up  the  middle  fork  to  the  mouth  of 
the  south  fork  of  the  middle  fork  at  Junction  Bar; 
thence  up  said  last-named  fork  to  a  point  where  the  same 
is  intersected  by  the  Georgetown  and  Lake  Bigler  trail; 
thence  along  said  trial  to  Sugar  Pine  Point,  on  the  western 


923  COUNTY    BOUNDARIES    AND    SEATS.  §  39a> 

shore  of  Lake  Bigler;  thence  east  to  the  state  line;  thence 
south  and  southeasterly,  en  the  state  line  to  the  northern 
corner  of  Alpine,  being  the  point  where  the  state  line 
crosses  the  eastern  summit  line  of  the  Sierra  Nevada 
Mountains;  thence  southwesterly,  along  the  western  line 
of  Alpine,  as  establisl  ed  in  section  3931,  to  the  common 
corner  of  Alpine,  Amador  and  El  Dorado,  as  established 
by  said  section;  thence  westerly,  on  the  northern  line  of 
Amador,  as  established  in  section  3930,  and  down  the 
Cosumnes  River  and  south  fork  thereof  to  the  eastern  line 
of  Sacramento,  as  established  in  section  3928;  thence 
northerly,  by  the  eastern  line  of  Sacramento,  to  the  south 
fork  of  the  American  River;  thence  down  the  latter  to 
the  place  of  beginning. 
County   seat — Flacerville.     En.  March  12,   1872. 

SACRAMENTO. 

§  3928.  Sacramento.  Beginning  on  the  northern  line 
of  the  couDty,  at  a  point  ten  miles  north  of  a  point  which 
was,  on  the  thirtieth  of  March,  eighteen  hundred  and  fifty- 
seven;  the  mouth  of  the  American  river;  thence  easterly  to 
the  junction  jf  the  north  and  south  forks  of  said  river; 
thence  up  the  principal  channel  of  the  south  fork  to  a  point 
one  mile  above  Mormon  island,  so  as  to  include  said  island 
in  Sacramento  county,  forming  the  northeast  corner;  thence 
southerly  to  a  point  on  the  Cosumnes  river,  eight  miles 
above  the  house  of  William  Daylor;  thence  soutn  to  Dry 
creek,  forming  southeast  corner;  thence  down  said  Dry 
creek  to  its  entrance  into  Mokelumne  river;  thence  down 
the  Mokelumne  river  to  a  point  where  said  river  divides 
into  east  and  west  branches;  thence  down  the  west  branch 
to  its  junction  with  the  east  branch;  thence  down  said 
river  to  its  junction  with  the  San  Joaquin  river;  thence 
down  the  San  Joaquin  river  to  the  mouth  of  the  Sacra- 
mento river,  at  the  head  of  Suisun  bay,  forming  south- 
west corner;  thence  up  the  Sacramento  river  to  the  mouth 
of  Merritt  slough;  thence  up  said  slough  to  the  mouth  of 
Sutter  slough;  thence  up  said  Sutter  slough  to  the  Sacra- 
mento river;  thence  up  the  Sacramento  river  to  a  point 
west  of  the  place  of  beginning,  forming  the  northeast  cor- 
ner of  Sacramento  county;  thence  east  to  the  place  of  be- 
ginning. County  seat — Sacramento.  En.  March  12,  1872. 
Am'd.  1877-8,  70;   1905,  164. 

Cal.  Rep.  Cit.     137,  205. 


S5  39:3,  3930  COUNTY   BOUNDARIES    AND   SEATS. 


YOLO. 

§  3929.  Yolo.  Beginning  on  southeast  corner,  at  the 
most  easterly  northeast  corner  of  Solano,  in  Sutter  Slough, 
at  its  intersection  with  the  first  Standard  North;  thence 
west  on  said  standard  line  of  west  line  of  /ange  three 
east.  Mount  Diablo  meridian:  thence  north  on  said  range 
line  to  the  northeast  corner  of  township  seven  north, 
two  east;  thence  west  nine  and  seventy-two  one-hundredths 
chains  to  southeast  corner  of  township  eight,  two  east; 
thence  north  on  easterly  line  of  said  township  to  the  old 
bed  of  Putat  Creek;  thence  westerly  up  the  old  bed 
and  main  Putah  Creek,  to  a  point  on  eastern  line  of  Napa, 
in  the  canyon  called  Devil's  Gate,  where  the  highest  ridge 
of  mountains  divides  the  waters  of  the  Sacramento  from 
Berryessa  Valley,  forming  tlie  most  westerly  of  me  south- 
west corners  of  Yolo  and  northwest  corner  of  Solano; 
thence  northerly  along  the  highest  ridge  cf  said  moun- 
tains to  Cache  Creek:  thence  east  to  the  summit  of  the 
spur  of  the  Coast  Range,  which  divides  the  waters  flowing 
east  in  Bear  Creek  and  Stony  Creek,  and  those  flowing 
west  into  the  north  fork  of  Cache  Creek:  thence  north- 
erly along  the  said  dividing  ridge,  following  the  divide 
of  said  waters  to  the  summit  of  the  Coast  Range  of 
mountains  on  the  easterly  line  of  Napa  and  Lake  and 
to  the  southwest  corner  of  Colusa,  as  established  in  sec- 
tion 3916:  thence  easterly,  on  southern  line  of  Colusa, 
as  established  in  said  section,  to  Sacramento  River,  form- 
ing the  northeast  corner  at  the  point  of  intersection  of 
the  southern  line  of  township  thirteen  north,  Mount  Diablo 
base;  thence  down  said  river  to  Sutter  Slough;  thence 
down  said  slough  to  the  place  of  beginning. 

County  seat—  Woodland.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     130,  139;  137,  205. 

Boundary  between  Lake  and  Yolo:  Ante,  sec.  3917. 


AMADOR. 

§  3930.  Amador.  Beginning  at  the  southwest  corner,  in 
the  Mokelumne  River,  on  the  eastern  boundary  of  San 
•Toaquin,  as  established  in  section  3932;  thence  up  said 
river  to  its  junction  with  the  north  fork  of  the  same; 
thence  up  the  said  north  fork  to  the  line  of  Alpine,  being 
at  a  point  south  of  the  common  corner  of  Amador,  Alpine 


925  COUXTY    BOUNDARIES   AND   SEATS.  §§  3931,  3932 

and  El  Dorado,  which  is  in  the  center  of  the  Amador 
and  Nevada  Road,  in  front  of  Z.  Kirkwood's  house,  as 
established  in  section  3931;  thence  north  by  the  line  of 
Alpine  to  said  common  corner;  thence  westerly  along 
said  road  to  a  point  east  of  the  source  of  the  south  fork 
of  the  south  fork  of  the  Cosumnes  River;  thence  west 
to  said  source;  thence  down  the  south  fork  of  the  south 
fork  and  the  south  fork  and  the  main  Cosumnes  River 
to  the  eastern  line  of  Sacramento,  as  established  in  section 
3928;  thence  by  eastern  lines  of  Sacramento  and  San 
Joaquin  to  the  place  of  beginning. 
County  seat — Jackson.     En.  March  12,  1872. 

ALPINE. 

§  3931.  Alpine.  Beginning  at  north  corner,  at  a  point 
where  the  state  line  crosses  the  east  summit  of  the 
Sierra  Nevada  Mountains,  being  the  most  easterly  corner 
of  El  Dorado;  thence  southwesterly,  along  said  summit 
to  a  point  two  miles  west  of  James  Green's  house,  in 
Hope  Valley;  called  Thompson's  Peak;  thence  southwest- 
erly, in  a  direct  line,  to  a  point  on  the  Amador  and  Nevada 
turnpike  road,  in  front  of  Z.  Kirkwood's  house,  being 
common  corner  of  Amador,  Alpine  and  El  Dorado;  thence 
south,  across  the  north  fork  of  the  Mokelumne  River,  to 
the  road  leading  from  West  Point,  in  Calaveras,  to  Big 
Tree  Road,  near  the  Big  Meadows;  thence  easterly,  along 
said  West  Point  Road  to  the  Big  Tree  Road;  thence 
easterly,  in  a  direct  line  to  where  the  Sonora  trail  strikes 
the  middle  fork  of  the  Stanislaus  River;  thence  easterly, 
along  said  trail  to  the  summit  of  the  Sierra  Nevada 
Mountains;  thence  northerly,  along  said  summit  to  the 
dividing  ridge  between  West  Walker  and  Carson  rivers; 
thence  northeasterly,  along  said  dividing  ridge  to  the 
state  line,  forming  easterly  corner  of  Alpine  and  northerly 
corner  of  Mono;  thence  northwest  along  said  state  line 
to  the  place  of  beginning. 

County  seat — Silver  Mountain.     En.  March  12,  1872. 

SAN  JOAQUIN. 

§  3932.  San  Joaquin.  Beginning  at  the  junction  of  the 
San  Joaquin  and  Mokelumne  rivers,  on  the  line  of  Sac- 
ramento County;  thence  up  the  latter  to  the  mouth  of 
Dry  Creek;  thence  up  Dry  Creek  to  the  southeast  corner 


§  3933  COUNTY    BOUNDARIES    AND    SEATS.  »aB 

of  Sacramento,  as  established  in  section  3928;  thence 
southeasterly,  to  a  point  on  Mokelumne  River,  being  the 
point  of  beginning  of  survey  of  Boucher  and  Wallace  of 
line  between  San  Joaquin  and  Calaveras  counties,  May, 
eighteen  hundred  and  sixty-four;  thence  southeasterly,  on 
the  line  of  said  survey,  to  the  extreme  northern  corner 
of  Stanislaus  County,  on  north  side  of  and  near  to  Cala- 
veras River,  at  a  point  on  western  line  of  range  ten  east, 
Mount  Diablo  meridian,  as  established  by  survey  of  George 
E.  Drew,  approved  May,  eighteen  hundred  and  sixty, 
shown  on  map  of  said  survey;  thence  south,  on  said  range 
line,  to  Stanislaus  River;  thence  down  said  river  to  its  con- 
fluence with  the  San  Joaquin;  thence  southwest  to  the  sum- 
mit of  the  Coast  Range,  as  shown  on  survey  and  map 
of  Wallace  and  Stakes.  May,  1868.  and  forming  the  com- 
mon corner  of  San  Joaquin,  Stanislaus,  Santa  Clara  and 
Alameda,  as  shown  also  on  map  of  Boardman  and  Stakes, 
July,  eighteen  hundred  and  sixty-eight;  thence  north- 
westerly, following  the  summit  of  the  said  Coast  Range 
to  a  post  near  the  middle  of  section  thirty-two,  township 
four  south,  range  four  east;  thence  north  to  the  southeast 
corner  of  Contra  Costa,  being  a  point  on  the  west  channel 
of  the  San  Joaquin  River  as  laid  down  on  Gibbe's  map, 
at  a  bend  where  the  said  west  channel,  running  down- 
ward, takes  a  general  course  north,  which  point  is  shown 
on  map  of  Boardman  and  Stakes,  July,  eighteen  hundred 
and  sixty-eight;  thence  down  the  said  west  channel  to 
its  confluence  with  the  main  river;  thence  down  said  river 
to  the  place  of  beginning. 
County  seat— Stockton.     En.  March  12,  1872. 

STANISLAUS. 

§  3933.  Stanislaus.  Beginning  at  common  corner  of 
Stanislau.-i,  Santa  Clara,  Alameda  and  San  Joaquin,  on 
the  summit  of  Mount  Boardman,  of  the  Mount  Diablo 
range,  as  shown  on  survey  and  map  of  Wallace  and  Stakes, 
May,  eighteen  hundred  and  sixty-eight;  thence  southeast- 
erly, on  the  summit  line  of  said  range,  being  eastern  line 
of  Santa  Clara,  to  the  northwest  corner  of  Merced,  form- 
ing the  southwest  corner  of  Stanislaus,  as  established 
by  survey  and  map  of  A.  J.  Stakes,  July,  eighteen  hundred 
and  sixty-eight;  thence  northeasterly,  on  line  as  estab- 
lished by  said  last-named  survey,  to  the  junction  of  the 
Merced   and   San   Joaquin   rivers;    thence  down  the   San 


927  COUNTY   BOUNDARIES    AND    SEATS.  §§  »934,  3935 

Joaquin  seven  miles;  thence  in  a  direct  line  a  little  north 
of  east  to  a  monument  established  by  survey  of  A.  J. 
Stakes,  being  on  the  summit  of  the  ridge  between  Merced 
and  Stanislaus,  and  marking  common  corner  of  Tu- 
olumne. Merced,  Mariposa  and  Stanislaus;  thence  north- 
westerly, in  a  direct  line,  and  crossing  the  Stanislaus 
River,  to  monument  established  by  survey  and  map  of 
George  E.  Drew.  May,  eighteen  hundred  and  sixty,  on 
the  north  bank  of  said  last-named  river;  thence  northwest- 
erly, on  line  of  said  survey,  to  its  intersection  with 
western  line  of  range  ten  east.  Mount  Diablo  meridian, 
which  point  is  marked  by  a  monument  establishing  the 
north  corner  of  Stanislaus  County;  then  south,  on  said 
ran^e  line.  1o  Stanislaus  River;  thence  down  the  latter  to 
its  mouth,  in  San  Joaquin  River;  thence  southwesterly,  on 
line  as  surveyed  and  mapped  by  Wallace  and  Stakes,  May 
eighteen  hundred  and  sixty-eight,  to  the  place  of  begin- 
ning. 

County  seat — Modesto.     En.  March  12,  1872. 

MERCET). 

§  3934.  Merced.  Beginning  at  northwest  corner,  being 
southwest  corner  of  Stanislaus,  as  shown  on  survey 
and  map  of  A.  J.  Stakes,  eighteen  hundred  and  sixty-eight; 
thence  northeasterly,  on  southern  line  of  Stanislaus,  as 
described  in  section  3933.  to  common  corner  of  Tuolumne, 
Mariposa.  Merced  and  Stanislaus,  as  established  in  said 
section;  thence  southeasterly,  by  direct  line,  being  western 
line  of  Mariposa,  to  Phillips'  Ferry,  on  Merced  River; 
thence  southeasterly,  on  line  of  Mariposa,  being  line 
shown  on  "Map  of  Mariposa  County,"  to  Newton's  Cross- 
ing on  Chowchilla  Creek,  forming  southeast  corner;  thence 
down  the  northern  side  and  on  high-water  mark,  being  on 
line  of  Fresno,  to  the  lower  clump  of  cottonwood  timber 
at  the  sink  of  said  creek;  thence  south,  forty-five  degrees 
west,  to  the  eastern  line  of  Monterey,  on  summit  of  Coast 
Range  forming  southwest  corner;  thence  northwesterly, 
by  said  summit  and  line  of  Monterey  and  Santa  Clara, 
to  the  place  of  beginning. 

County  seat— Snelling.     En.  March  12,  1872. 

MONO. 

§  3935.  Mono.  Beginning  at  north  corner  on  state  line, 
being  east  corner  of  Alpine,  as  established  in  section  3931 ; 


§§  3936,  3937  COUNTY   BOUNDARIES   AND   SEATS.  928 

thence  southwesterly,  on  the  easterly  line  of  Alpine,  as 
established  in  section  3931,  to  the  main  summit  of  the 
Sierra  Nevada  Mountains;  thence  southerly,  along  said 
summit,  on  easterly  line  of  Alpine,  Tuolumne  and  Fresno, 
to  a  point  where  the  northern  line  of  township  six  south, 
Mount  Diablo  base,  intersects  said  summit  line,  forming 
southwest  corner;  thence  east,  on  said  township  line,  being 
the  northern  line  of  Inyo,  to  the  eastern  line  of  the  state, 
forming  southeast  corner;  thence  northwest,  on  the  state 
line,  to  the  place  of  beginning. 

County  seat — Bridgeport.     En.  March  12,  1872. 


CALAVERAS. 

§  3936.  Calaveras.  Beginning  at  southern  corner,  at 
a  point  in  the  Stanislaus  River  where  it  intersects 
the  eastern  line  of  Stanislaus  County,  as  established  in 
section  3933,  being  a  point  one  mile  north  of  Knight's 
Ferry,  and  being  the  western  corner  of  Tuolumne  County; 
thence  up  said  river  and  north  fork  thereof,  to  the  east- 
erly line  of  Alpine,  as  established  in  section  3931;  thence 
northerly,  on  the  line  of  Alpine,  to  the  southeast  corner 
of  Amador,  as  established  in  sections  S930  and  3931;  thence 
southwesterly,  on  the  southern  line  of  Amador,  uown  the 
Mokelumne  River,  to  the  southwest  corner  of  Amador, 
on  the  eastern  line  of  San  Joaquin  County;  thence  south- 
erly and  southeasterly,  on  line  of  San  Joaquin  and  Stanis- 
las, as  established  in  sections  3932  and  3933,  to  the 
place  of  beginning. 

County  seat — San  Andreas.     En.  March  12,  1872. 


TUOLUMNE. 

§  3937.  Tuolumne.  Beginning  at  the  most  western  cor- 
ner, being  the  southern  corner  of  Calaveras,  as  established 
in  section  3936,  in  Stanislaus  River;  thence  southeasterly 
to  common  corner  of  Merced,  Marisposa,  Stanislaus,  and 
Tuolumne,  as  established  in  section  3933;  thence  easterly, 
on  northern  line  of  Mariposa,  following  summit  line  of 
the  dividing  ridge  between  Tuolumne  and  Merced  rivers, 
to  Mount  Lyell,  as  marked  on  Warren  Holt's  map,  eighteen 
hundred  and  sixty-nine,  and  the  summit  of  the  Sierra 
Nevada  Mountains,  being  on  the  western  line  of  Mono 
and   common   corner  of  Tuolumne,  Mariposa,  and  Fresno; 


929  COUNTY   BOUNDARIES   AND   SEATS.  §5  3»38,  3So9 

thence  northerly  by  the  line  of  Mono,  being  the  summit 
line  cf  the  Sierra  Nevada  Mountains,  to  the  southern 
corner  of  Alpine,  as  established  in  section  3931;  thence 
northwcsterl;,  by  the  line  of  Alpine  to  the  southeastern 
corner  of  Calaveras;  thence  westerly  on  the  line  of 
C  ilaveras  and  down  the  Stanislaus  River,  to  the  place 
cf  beginning. 
County  seat — Sonora.     En.  March  12,  1872. 


MARIPOSA. 

§  3938.  Mariposa.  Beginning  at  the  initial  point  of 
Fresno  County,  being  where  the  Stockton  Road  to  Miller- 
ton  crosses  the  Chowchilla  Creek,  known  as  Newton's 
Crossing:  thence  north  forty-five  degrees  east,  to  the 
southwest  corner  of  section  eleven,  township  six  south, 
range  twenty  east,  Mount  Diablo  base  and  meridian; 
thence  east,  following  section  lines  to  main  ridge  between 
waters  of  Big  Creek  and  Fresno  River;  thence  easterly, 
on  the  main  ridge  which  divides  the  waters  of  the  Merced 
and  San  Joaquin  rivers,  to  the  interesection  of  the  same 
with  the  summit  line  of  the  Sierra  Nevada  Mountains  and 
western  line  of  Mono,  the  same  point  forming  the  common 
corner  of  Tuolumne,  Fresno,  and  Mariposa,  as  described 
in  section  3937;  thence  westerly,  by  the  southern  boundary 
of  Tuolumne,  to  the  southwest  corner  thereof,  being  com- 
mon corner  of  Stanislaus,  Merced,  Tuolumne,  and  Mari- 
posa; thence  southeasterly,  on  western  line  of  Merced, 
as  established  in  section  3934,  to  the  place  of  beginning. 

County   seat — Mariposa.     En.    March    12,    1872. 

Cal.  Rep.  Cit.     142,  52;  142,  54;   142,  55. 

Boundary  line  of  Mariposa  and  Fresno  counties:  Act 
to  better  define,  in  Stats.  1872,  p.  891.  Am'd.  by  Stats. 
1874,  p.  100. 

FRESNO. 

§  3939.  Fresno.  Beginning  at  southeast  corner  of 
Merced  and  southwest  corner  of  Mariposa,  being  a  point 
where  the  Stockton  Road  to  Millerton  crosses  the  Chow- 
chilla Creek,  known  as  Newton's  Crossing;  thence  west- 
erly down  said  stream,  on  the  north  side,  on  line  of 
high-water  mark,  being  on  southeastern  line  of  Merced, 
to  the  lower  clump  of  cottonwood  timber  at  the  sink  of 
said    creek;    thence    south,    forty-five    degrees    west,    and 

Pol.  Code— 59 


§  3940  COUNTY  BOUNDARIES    AND   SEATS.  930 

on  line  of  Merced,  to  the  eastern  boundary  line  of  Mon- 
terey, as  described  in  section  3948,  being  on  summit  of 
Coast  Range;  thence  following  said  boundary  line  on  said 
summit,  in  a  southeasterly  direction  to  a  point  in  the  same, 
which  point  is  south  forty-five  degrees  west  from  the 
point  on  King's  River  where  northern  line  of  township 
sixteen  south  crosses  the  same;  thence  north,  forty-five 
degrees  east,  to  said  point  on  King's  River;  thence  east, 
along  northern  line  of  township  sixteen  south,  to  the 
dividing  ridge  between  the  waters  of  King's  River  and 
Kaweah  River;  thence  easterly,  on  the  said  dividing 
ridge,  to  the  summit  of  the  Sierra  Nevada,  being  the 
western  line  of  Inyo;  thence  northwesterly,  on  the  summit 
line  and  lines  of  Inyo  and  Mono,  to  Mount  Lyell.  the 
common  corner  of  Tuolumne,  Mariposa,  and  Fresno;  thence 
westerly  and  southwesterly,  on  the  southeasterly  line  of 
Mariposa,  as  established  in  section  3938,  to  the  place  of 
beginning. 

County  seat — Millerton.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     142,  54;   142,  55. 

County  seat  of  Fresno  permanently  located  at  town  of 
Fresno:    Stats.   1874,  p.   913. 

Boundary  line  of  Mariposa  and  Fresno  counties:  Ante, 
sec.   3938. 

County  line  between  Fresno  and  Tulare — Act  to  estab- 
lish: Stats.  1876,  p.  397,  superseding  like  act  in  Stats.  1874, 
p.  700. 

TULARE. 

§  3940.  Tulare.  Beginning  at  southwest  corner,  be- 
ing common  corner  of  Monterey,  San  Luis  Obispo,  Kern, 
and  Tulare,  and  being  the  point  where  the  line  of  the 
sixth  standard  south  crosses  the  summit  line  of  the 
Mount  Diablo  range  of  mountains;  thence  east,  on  said 
standard,  to  the  point  of  intersection  with  summit  line 
of  the  Sierra  Nevada  Mountains,  forming  the  southeast 
corner  of  Tulare  and  the  southwest  corner  of  Inyo;  thence 
northwesterly,  on  said  summit,  being  on  the  western 
line  of  Inyo,  to  the  east  corner  of  Fresno,  as  established 
in  section  3939;  thence  on  the  southern  line  of  Fresno 
to  the  eastern  line  of  Monterey;  thence  southerly,  on  the 
line  of  Monterey,  as  established  in  section  3948,  to  the 
place  of  beginning. 

County  seat— Visalia.     En.  March  12,  1872. 


931  COUNTY    BOUNDARIES    AND    SEATS.  §§  3a41-3y43 

KERN. 

§  3941.  Kern.  Beginning  at  northwest  corner,  being 
common  corner  of  San  Luis  Obispo,  Monterej',  Tulare, 
and  Kern,  as  established  in  section  3940;  thence  east,  on 
sixth  'Standard  south,  Mount  Diablo  base,  to  the  northwest 
corner  of  San  Bernardino,  as  established  in  section  o943; 
thence  south,  on  the  westerly  line  of  San  Bernardino,  to 
southern  line  of  township  nine  north,  San  Bernardino 
base,  forming  southeast  corner;  thence  west  along  said 
line  and  extension  thereof  to  the  summit  of  the  Coast 
Range,  being  on  the  line  of  Santa  Barbara,  forming  south- 
west corner;  thence  northwesterly,  on  said  summit  line, 
being  eastern  line  of  Santa  Barbara  and  San  Luis  Obispo, 
to  the  place  of  beginning. 

County  seat— Havilah.     En.  March  12,  1872. 
County  seat  has  been  changed  to  Bakersfield. 

Act  fixing  boundary  between  San  L-uis  Obispo  and  Kern 
counties:   Stats.  1885,  139. 

INYO. 

§  3942.  Inyo.  Beginning  at  the  southeast  corner  of  Tu- 
lare, as  established  in  section  3940,  being  the  point  of 
intersection  of  sixth  standard  south.  Mount  Diablo  base, 
with  summit  line  of  Sierra  Nevada  Mountains;  thence 
east,  by  said  standard  and  extension  thereof,  to  the  east- 
ern line  of  the  state,  forming  southeast  corner;  thence 
northwesterly,  on  state  line,  to  the  southeast  corner  of 
Mono,  as  established  in  section  3935;  thence  west  on 
the  southern  line  of  Mono  to  the  summit  of  the  Sierra 
Nevada  Mountains,  being  on  the  eastern  line  of  Fresno, 
and  forming  the  southwest  corner  of  Mono  and  northwest 
corner  of  Inyo:  thence  southeasterly  on  said  summit  line 
to  the  place  of  beginning. 

County  seat — Independence.     En.   March   12,   1872. 

SAN  BERNARDINO. 

§  3943.  San  Bernardino.  Beginning  at  the  southwest 
corner,  a  little  northwesterly  of  Laguna  Temecula,  at 
a  point  on  the  northern  line  of  San  Diego,  as  established 
in  section  3944,  where  a  south  line  drawn  from  the  highest 
peak  of  the  Sierra  de  Santiago  intersects  the  said  boundary 
line;  thence  northwesterly  on  the  summit  of  said  Sierra 
to  the  Santa  Ana  River,  between  the  ranch  of  Sierra  and 
the  residence  of  Bernardo  Yerba;   thence  across  the  Santa 


§  3944  COUNTY   BOUNDARIES  AND    SEATS.  »33 

Ana  River  along  the  summit  of  the  range  of  hills  that 
lie  between  the  Cayotes  and  Chino  (leaving  the  ranches 
Gutiveras  and  Ybana  to  the  west  of  this  line  to  the 
southwest  corner  of  the  ranch  San  Jose;  thence  northerly 
along  the  eastern  boundaries  of  said  ranch  and  of  San 
Antonio  and  the  western  and  northern  boundaries  of  Cuca- 
monga  ranch  to  the  ravine  of  Cucamonga;  thence  north- 
erly up  said  ravine  to  its  source  in  the  Coast  Range; 
thence  north,  on  the  easterly  line  of  Los  Angeles  and  Kern, 
to  the  sixth  standard  south,  Mount  Diablo  base,  being  the 
northeast  corner  of  Kern  and  northwest  corner  of  San 
Bernardino;  thence  east  by  said  standard  line  and  exten- 
sion thereof  to  the  state  line;  thence  southeasterly  on 
said  state  line  to  the  Colorado  River;  thence  down  said 
river  to  the  northern  boundary  line  of  San  Diego  County; 
thence  westerly  along  the  northern  boundary  line  of  San 
Diego  County,  as  established  in  section  3944,  to  the  place 
of  beginning. 

County  seat — San  Bernardino.     En.  March  12,  1872. 

Cal.    Rep.    Cit.     87,    288. 


SAN    DIEGO. 

§  3944.  San  Diegc.  Beginning  at  south  corner  of  Los 
Angeles  in  the  Pacific  Ocean,  opposite  San  Mateo  Point; 
thence  northerly  along  the  western  line  of  Rancho  Santa 
Margarita  to  the  southern  line  of  Mission  Viejo  or  La 
Paz;  thence  along  the  southern  and  eastern  line  of  La  Paz 
to  a  point  two  miles  north  of  the  south  boundary  line  of 
township  seven  south,  range  six  west,  San  Bernardino 
base  and  meridian;  thence  northeasterly,  to  the  south- 
west corner  of  San  Jacinto  Nuevo,  in  township  four  south, 
range  four  west;  thence  along  west  boundary  of  said 
rancho  to  line  between  townships  three  and  four  south; 
thence  east  to  line  between  ranges  two  and  three  west; 
thence  north  on  range  line  to  a  point  where  a  line  parallel 
with  the  southern  boundary  between  the  United  States 
and  Mexico  will  just  clear  the  Rancho  San  Jacinto  Viejo; 
thence  northeasterly  along  such  parallel  line  to  the  Colo- 
rado River;  thence  down  that  river  to  its  junction  with 
the  boundary  line  between  the  United  States  and  Mexico; 
thence  westerly,  following  that  boundary  line  into  the 
Pacific  Ocean;   thence  northerly  to  place  of  beginning. 

County  seat— San   Diego.     En.   March  12,  1872. 

Cal.  Rep.  Cit.     87.   288. 


933  COUNTY    BOUNDARIKS   AND   SEATS.  gg  3945,  394« 

LOS   ANGELES. 

§  3945.  Los  Angeles.  Beginning  at  southeast  corner 
of  Santa  Barbara,  in  the  Pacific  Ocean,  at  a  point  on  ex- 
tension line  of  the  northern  boundary  of  the  rancho  called 
Malaga,  western  corner;  thence  northeasterly,  so  as  to 
include  said  rancho,  to  the  northwest  corner  of  the  rancho 
called  Trlumfo,  running  on  northerly  line  of  the  same  to 
the  northeast  corner  thereof;  thence  to  the  summit  of 
the  ridge  of  hills  called  Santa  Susanna;  thence  in  a 
direct  line  northwesterly,  to  the  southwest  corner  ol 
Kern,  as  established  in  section  3941,  forming  the  north- 
west corner  of  Los  Angeles;  thence  east,  on  southern  line 
of  Kern,  to  the  western  line  of  San  Bernardino,  as  estab- 
lished in  section  3943;  thence  southerly,  on  western  line 
of  San  Bernardino  to  its  point  of  intersection  with  northern 
line  of  San  Diego,  as  established  in  said  section;  thence 
southwesterly,  on  San  Diego  line,  as  established  in  sec- 
tion 3944,  to  northwest  corner  of  San  Diego,  in  Pacific 
Ocean-;  thence  northwesterly,  along  ocean  shore  to  place 
of  beginning;  including  the  islands  of  Santa  Catalina,  San 
Clemente,  and  the  islands  off  the  coast  included  in  Los 
Angeles  County. 

County  seat — Los  Angeles.     En.  March  12,  1872. 


SANTA   BARBARA. 

§  3946.  Santa  Barbara.  Beginning  at  the  western  cor- 
ner of  Los  Angeles,  as  established  in  section  3945;  thence 
northerly,  on  westerly  line  of  Los  Angeles,  as  described  in 
said  section,  to  the  northwest  corner  thereof,  on  the  sum- 
mit of  the  Coast  Range,  being  also  the  southwest  corner 
of  Kern,  as  established  in  section  3941;  thence  northwest- 
erly, on  the  summit  line,  being  also  on  western  boundary 
of  Kern,  to  a  point  of  intersection  with  the  southern  line 
of  township  ten  north,  San  Bernardino  base;  thence  west, 
on  said  township  line,  to  the  Santa  Maria  River;  thence 
down  said  river,  and  down  the  creek  which  divides  that 
part  of  Guadalupe  Rancho  known  as  La  Larga  from  that 
known  as  Oso  Flacco,  to  a  point  in  the  Pacific  Ocean  oppo- 
site the  mouth  of  said  creek,  forming  northwest  corner; 
thence  southeasterly,  by  the  ocean  shore,  to  the  place  of 
beginning;  including  the  islands  of  Santa  Barbara,  San 
Nicholas,  San  Miguel,  Santa  Rosa,  and  Santa  Cruz. 

County  seat — Santa  Barbara.    En.   March   12,   1872. 


§§  3947,  3948  COUNTY   BOUNDARIES   AND    SEATS.  934 

Creation  of  "Ventura  County  out  of  the  eastern  part  of 
Santa  Barbara  County:  Stats.  1872,  p.  484.  Am'd.  1873-4, 
365. 

SAN  LUIS  OBISPO. 

§  3947.  San  Luis  Obispo.  Beginning  in  Pacific  Ocean, 
at  northwestern  corner  of  Santa  Barbara,  as  established 
in  section  3946;  thence  easterly,  on  the  northern  line  of 
Santa  Barbara,  up  to  the  Santa  Maria  River,  to  intersection 
of  southern  line  of  township  ten  north,  San  Bernardino 
base;  thence  east  on  said  line  to  point  on  summit  of 
Coast  Range,  forming  the  southeast  corner,  also  north- 
east corner  of  Santa  Barbara;  thence  northwesterly  on 
summit  line,  being  western  line  of  Kern,  to  its  intersec- 
tion with  sixth  standard  south,  Mount  Diablo  base,  be- 
ing the  common  corner  of  Tulare,  Kern,  Monterey,  and 
San  Luis  Obispo;  thence  west  on  said  standard  line  and 
extension  thereof  to  the  Pacific  Ocean;  thence  southerly 
along  the  shore  to  the  place  of  beginning. 

County  seat — San  Luis  Obispo.    En.   March  12,   1872. 

See  the  act  fixing  the  boundary  between  San  Luis 
Obispo  and  Kern  counties,  approved  March  14,  1885;  Stats. 
1885,  p.  139. 

/   |y^  .  MONTEREY. 

§3948,  Monterey.  Beginning  in  Pacific  Ocean,  at  south- 
west corner  of  Santa  Cruz,  as  established  in  section  3949; 
thence  west  to  the  mouth  of  Pajaro  River,  on  the  bay  of 
Monterey;  thence  up  said  stream  to  its  source,  the  small 
lake  San  Felipe;  thence  along  the  northern  and  western 
banks  of  said  lake  to  the  creek  San  Felipe;  thence  east 
to  the  summit  line  of  the  Coast  Range,  forming  northeast- 
ern corner;  thence  southeasterly  along  the  summit  of  the 
Coast  Range  to  the  sixth  standard  south.  Mount  Diablo 
base,  being  the  common  corner  of  San  Luis  Obispo,  Kern, 
Tulare,  and  Monterey;  thence  following  the  northern 
boundary  of  San  Luis  Obispo  County,  on  said  standard 
line  and  extension  thereof,  to  the  Pacific  Ocean;  thence 
along  the  shore  northerly  to  the  place  of  beginning. 

County  seat — Monterey.     En.  March  12,  1872. 

Creation  of  San  Benito  County  out  of  the  eastern  part 
of  Monterey  county:  Stats.  1874,  p.  95.  Supplementary 
act:  Stats.  1874,  p.  428.  Latter  act  supplemented  by  btats. 
1876,  p.  177.  Original  act  amended  1887,  103.  See  Gen- 
eral Laws,  title  County  Boundaries. 


935  COUNTY   BOUNDARIES  AND   SEATS.  §8  3949,  3!>a0 

SANTA   CRUZ. 

§  3949.  Santa  Cruz.  Beginning  at  the  south  corner  of 
San  Mateo  County,  at  a  point  in  the  Pacific  Ocean  south 
forty-five  degrees  west,  three  miles  from  the  intersection 
of  the  east  line  of  Rancho  Punta  del  Ano  Nueva  with  said 
ocean,  forming  western  corner;  thence  north,  forty-five 
degrees  east,  to  said  point  of  intersection;  thence  north- 
erly, following  the  eastern  line  of  said  rancho,  to  its 
.  intersection  with  the  south  line  of  township  eight  south, 
range  four  west.  Mount  Diablo  base  and  meridian;  thence 
east  to  the  southeast  corner  of  said  township;  thence  north 
to  the  northeast  corner  of  section  twenty-five  of  said  town- 
ship; thence  east  to  the  northeast  corner  of  section  twenty- 
six,  township  eight  south,  range  three  west;  thence  north 
to  the  summit  of  Santa  Cruz  Mountains,  being  western 
line  of  Santa  Clara  County;  thence  southeasterly  along 
the  summit  of  said  mountains  on  the  western  line  of  Santa 
Clara,  to  the  Pajaro  River,  forming  southeast  corner,  on 
northern  line  of  Monterey;  thence  westerly  along  said  river, 
on  northern  line  of  Monterey,  to  the  bay  of  Monterey,  and 
three  miles  westerly  into  the  ocean,  forming  southwest 
corner;  thence  northwesterly  along  the  shore  to  the  point 
of  beginning. 
County  seat — Santa  Cruz.    En.  March  12,  1872. 

SAN  FRANCISCO  (CITY  AND  COUNTY). 

§  3950.  San  Francisco.  Beginning  at  the  southwest  cor- 
ner, being  northwest  corner  of  San  Mateo,  in  Pacific  Ocean, 
on  the  extension  of  northern  line  of  township  three  south, 
of  Mount  Diablo  base;  thence  northerly  along  the  Pacific 
Coast,  to  its  point  of  intersection  with  westerly  extension 
of  low  water  line  on  northern  side  of  the  entrance  to  San 
Francisco  Bay,  being  southwest  corner  of  Marin  and  north- 
west corner  of  San  Francisco;  thence  easterly,  through 
Point  Bonita  and  Point  Caballo,  to  the  most  southeastern 
point  of  Angel  Island,  all  on  the  line  of  Marin,  as  estab- 
lished in  section  3957;  thence  northerly,  along  the  easterly 
line  of  Marin,  to  the  northwest  point  of  Golden  Rock  (also 
known  as  Red  Rock),  being  a  common  corner  of  Marin, 
Contra  Costa,  and  San  Francisco;  thence  due  southeast 
four  and  a  half  miles,  more  or  less,  to  a  point  distant 
three  statute  miles  from  the  natural  high  water  mark  on 
the  eastern  shore  of  San  Francisco  Bay,  being  a  common 
'   corner   of   Contra   Costa,   Alameda,   and    San    Francisco; 


§  3951  COUNTY  BOUNDARIES  AND   SEATS.  »3e 

thence  southeasterly,  in  a  direct  line,  to  a  point  three 
miles  from  said  eastern  shore,  and  on  the  line  first  named 
(considered  as  extending  across  said  bay) ;  and  thence 
west  along  said  first  named  line  to  the  place  of  beginning. 
The  islands  known  as  the  Farallones  shall  be  attached  to 
and  be  a  part  of  said  city  and  county.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     114,  325. 


SAN  MATEO. 

§  3951.  San  Mateo.  Beginning  at  the  southwest  cor- 
ner, being  the  west  corner  of  Santa  Cruz  County  as  estab- 
lished in  section  thirty-nine  hundred  and  forty-nine; 
thence  on  the  northwestern  line  of  Santa  Cruz  County  as 
established  in  said  section,  to  the  southwestern  line  of 
Santa  Clara  County,  being  the  summit  line  of  the  Santa 
Cruz  Mountains;  thence  northwesterly  by  said  summit 
line  to  the  source  of  San  Francisquito  Creek;  thence  down 
the  south  branch  thereof,  and  down  said  creek  to  its 
mouth;  thence  to  a  point  in  the  middle  of  San  Francisco 
Bay,  opposite  said  mouth,  forming  a  common  corner  of 
San  Mateo,  Santa  Clara,  and  Alameda  counties;  theuce  in 
a  direct  line  to  a  point  in  the  center  of  ship  channel  in 
the  bay  of  San  Francisco  west  of  and  opposite  to  Dunibar- 
ton  Point;  thence  in  a  direct  line  to  the  southeast  corner 
of  San  Francisco  City  and  County;  thence  westerly  on  the 
boundary  line  between  the  counties  of  San  Mateo  and 
San  Francisco  (said  line  being  the  north  boundary  of 
San  Mateo  County,  between  ~San  Mateo  County  ai'd  Pan 
Francisco  County  and  the  south  boundary  of  San  Fran- 
cisco County  between  the  counties  of  San  Mateo  and  San 
Francisco)  as  the  same  was  surveyed,  established  and 
marked  by  Charles  S.  Tilton,  city  and  county  surveyor  of 
the  city  and  county  of  San  Francisco,  William  B.  Gilbert, 
county  surveyor  of  the  county  of  San  Mateo,  and  D.  Brom- 
fleld,  assistant  civil  engineer,  of  the  county  of  San  Mateo, 
between  August  twenty-eighth  and  December  twenty- 
eighth,  eighteen  hundred  and  ninety-eight,  and  being  the 
north  boundary  line  of  the  county  of  San  Mateo,  and  the 
south  boundary  line  of  the  county  of  San  Francisco,  and 
marked  by  granite  monuments  eight  inch  by  eight  inch 
square  set  three  feet  in  the  ground  in  a  bed  of  concrete 
three  feet  square  and  three  feet  in  the  ground,  on  section 
and  quarter  section  corners,  on  township  line  between  town- 
ships two  and  three  south,  ranges  five  and  six  west,  M. 


637  COUNTY    liOUNDARIES    AND    SEATS.  §  3952 

D.  M.,  and  the  line  being  marked  on  each  monument  by 
a  copper  nail  in  a  plug  of  lead  which  has  been  counter- 
sunk into  the  top  of  the  monument,  and  on  the  dressed 
faces  the  letters  "S.  F."  being  cut  into  the  stone  on  the 
San  Francisco  side  of  the  line,  and  the  letters  "S.  M." 
being  cut  into  the  stone  in  the  San  Mateo  side  of  the  lino, 
and  the  bearing  of  the  said  line  being  determined  by 
stellar  observation  as  north  eighty-nine  degrees  forty-nine 
and  one-half  minutes  east,  to  the  southwest  corner  of  the 
said  boundary  line  of  San  Francisco  City  and  County  in 
the  Pacific  Ocean,  and  thence  southerly  along  the  ocean 
shore  to  the  point  of  beginning.  The  eastern  boundary 
of  San  Mateo  County  shall  be  the  western  boundary  of 
Alameda  County,  in  so  far  as  the  same  borders  on  San 
xMateo  County.  En.  March  12,  1872.  Am'd.  1877-8,  71; 
1901,  291. 

SANTA  CLARA. 

§  3952.  Santa  Clara.  Beginning  at  a  point  opposite  the 
mouth  of  San  Francisquito  Creek,  being  the  common 
corner  of  Alameda,  San  Mateo,  and  Santa  Clara,  as  estab- 
lished in  section  3951;  thence  easterly,  to  a  point  at  the 
head  of  a  slough,  which  is  an  arm  of  the  bay  of  San  Fran- 
cisco, at  its  head,  making  into  the  main  land  in  front  of 
the  Gegara  Ranches;  thence  easterly,  to  a  lone  sycamore 
tree  that  stands  in  a  ravine  between  the  dwellings  ^f 
Fluhencia  and  Valentine  Gegara;  thence  easterly,  up  said 
ravine,  to  the  top  of  the  mountains,  and  as  surveyed  by 
Horace  A.  Higley,  and  shown  on  survey  and  map  of  Ala- 
meda County,  eighteen  hundred  and  fifty-seven;  thence  on 
a  direct  line  easterly,  to  the  common  corner  of  San  Joa- 
quin, Stanislaus,  Alameda,  and  Santa  Clara,  on  the  summit 
of  the  Coast  Range,  as  established  in  section  3932;  thence 
southeasterly,  following  the  summit  of  the  Coast  Range, 
to  the  northeast  corner  of  Monterey  County,  as  established 
in  section  3948;  thence  westerly,  following  the  northern 
boundary  of  Monterey  County  to  the  southeast  corner  of 
Santa  Cruz  County,  as  established  in  section  3949;  thence 
northwesterly,  following  the  summit  of  the  Santa  Cruz 
Mountains,  to  the  head  of  San  Francisco  Creek;  thence 
down  said  creek,  to  its  mouth;  thence  in  a  direct  line  lo 
the  place  of  beginning. 

County  seat — San  Jose.     En.   March  12,   1872. 


§  3953  COUNTY    BOUNDARIES    AND    SEATS.  938 

ALAMEDA. 

§  3953.  Alameda.  Beginnint,  at  the  southwest  corner, 
being  the  common  corner  of  San  Mateo,  Santa  Clara, 
and  Alameda,  as  established  in  section  three  thousand 
nine  hundred  and  fifty-one;  thence  easterly,  on  northerly 
line  of  Santa  Clara,  as  established  in  section  three  thou- 
sand nine  hundred  and  fifty-two,  to  common  corner  of 
San  .loaquin,  Stanislaus.  Santa  Clara,  and  Alameda,  as 
established  in  section  three  thousand  nine  hund.ed  and 
thirty-two;  thence  northwesterly,  on  the  west  line  of 
San  Joaquin  County,  to  the  slough  known  as  the  Pesca- 
dora  (being  the  west  channel  or  "Old  San  Joaquin  River"), 
thence  v.esterly,  in  a  straight  line,  until  it  strikes  the 
dividing  ridge  in  the  direction  of  the  house  of  Joze  Har- 
ban,  in  Amador  Valley;  thence  westerly  along  said  ridge, 
crossing  the  gulch  one  half  mile  below  Prince's  Mill; 
thence  to  and  running  upon  the  dividing  ridge  between 
the  Redwoods  known  as  the  San  Antonio  and  Prince's 
Woods;  thence  along  said  ridge  to  the  head  of  the  gulcli 
or  creek  (Cerreto  Creek)  that  divides  the  ranches  of  the 
Peraltas  from  the  San  Pablo  Ranches;  thence  down  said 
gulch  to  its  mouth;  thence  southwesterly  to  the  common 
corner  of  San  Francisco,  Contra  Costa,  and  Alameda,  as 
established  by  section  three  thousand  nine  hundred  and 
fifty;  thence  southerly,  to  a  point  in  the  bay  of  San  Fran- 
cisco that  would  intersect  a  line  parallel  with  the  north 
line  of  the  Central  Pacific  Railroad  Company's'  wharf  (as 
it  now  is),  if  extended  westei'ly  five  hundred  feet  towards 
Yerba  Buena  Island;  thence  southeasterly,  in  a  line  par- 
allel with  the  east  line  of  the  city  and  county  of  San 
Francisco  (which  is  the  line  now  dividing  said  city  and 
county  from  the  county  of  Alameda),  to  its  intersection 
with  the  south  line  of  said  city  and  county,  as  established 
in  section  three  thousand  nine  hundred  and  fifty;  thence 
easterly  along  said  last  mentioned  line  to  the  northeast 
corner,  of  San  Mateo;  and  thence  southeasterly  along  the 
eastern  line  of  San  Mateo  to  the  place  of  beginning.  Hor- 
ace A.  Higley's  survey  map  of  Alameda  County,  ei'ghteen 
hundred  and  fifty-seven,  is  declared  to  contain  a  more  par- 
ticular description  of  the  line  out  of  the  bay  of  San  Fran- 
cisco. 

County  seat — City  of  Oakland;  provided,  that  nothing 
in  this  act  contained  shall  be  construed  to  place  "Yerba 
Buena    Island,"    or    any    part    thereof,   outside    the    limits 


!);;9  COUNTY    BOUND.VRIES    AND    SEATS.  §§  3954,  3955 

of  the  city  and  county  of  San  Francisco,  but  the  same  shall 
be  deemed  to  be  within  said  city  and  county,  and  the 
westerly  bo;mdary  line  of  the  county  of  Alameda  shall 
not  come  within  two  thousand  and  five  hundred  feet  of 
any  part  of  said  island.  En.  March  12,  1872.  Am'd.  1873-4, 
1G8. 

CONTRA  COSTA. 

§  3954.  Contra  Costa.  Beginning  in  bay  of  San  Fran- 
cisco, at  the  northwest  point  of  Red  Rock,  being  the 
common  corner  of  Marin,  Contra  Costa,  and  San  PYancisco, 
as  established  in  section  3950;  thence  up  the  straits  and 
bay  of  San  Pablo,  on  eastern  boundary  of  Marin,  to  point 
of  intersection  with  line  bearing  south  twenty-six  and 
one-half  degrees  east,  and  about  six  and  one-quarter 
miles  distant  from  southwest  corner  of  Napa  County,  as 
established  in  section  3958,  forming  common  corner  of 
Marin,  Solano,  Sonoma,  and  Contra  Costa,  as  established 
in  section  3955;  thence  to  the  straits  of  Carquinez;  thence 
up  said  straits  and  Suisun  Bay,  to  the  mouth  of  the  San 
Joaquin  River;  thence  up  said  river,  to  the  confluence  of 
the  west  and  main  channels  thereof,  as  laid  down  on 
Gibbe's  map;  thence  up  the  said  west  channel,  to  a  point 
about  ten  miles  below  Moore  and  Rhodes'  Ranch,  at  a  bend 
where  the  said  west  channel,  running  downward,  takes  a 
general  course  north,  the  point  being  on  the  westerly  line 
of  San  Joaquin  County,  and  forming  the  northeast  corner 
of  Alameda  and  southeast  corner  of  Contra  Costa;  thence 
on  the  northern  line  of  Alameda,  as  laid  down  on  Horace 
A.  Higley's  map,  and  as  established  in  section  3953,  to  the 
easterly  line  of  San  Francisco  City  and  County,  as  estab- 
lished in  section  3950;  thence  due  northwest,  along  said 
easterly  line  of  San  Francisco,  four  and  one-half  miles, 
more  or  less,  to  the  place  of  beginning. 

County  seat — Martinez.     En.  March  12,  1872. 

SONOMA. 

§  3955.  Sonoma.  Beginning  at  northwest  corner,  at  a 
point  in  the  Pacific  Ocean  west  of  the  mouth  of  Walhalla 
River;  thence  east  to  the  mouth  of  said  river,  and  up  the 
main  channel  two  miles;  thence  easterly,  in  a  direct  line, 
to  the  most  northern  and  highest  peak  or  summit  of  the 
Redwood  Mountains,  immediately  north  of  Cloverdale 
and  Oat  Valley;  thence  east  to  the  western  boundary  of 
Lake  County,  on  the  summit  of  the  Mayacmas  Ridge, 
forming    northeast    corner;    thence    southerly    along    the 


§  3956  COUNTY   BOUNDARIES   AND   SEATS.  a40 

Mayacmas  Mountains,  and  on  the  western  lines  of  Lake 
and  Napa  counties,  to  the  westerly  branch  of  headwaters 
of  Huichica  Creek;  thence  westerly,  on  the  line  of  Napa 
County,  to  the  top  of  the  main  ridge  that  divides  the  Hui- 
chica Valley  from  the  Sonoma  Valley;  thence  southerly 
along  the  said  dividing  ridg<"  to  the  tule  bordering  on  San 
Pablo  Bay;  thence  southerly,  to  the  center  of  Huichica 
Creek;  thence  down  said  creek  to  its  mouth,  which  is  the 
southwest  corner  of  Napa;  thence  on  the  line  of  Solano 
south,  twenty-six  and  one-half  degrees  east,  about  six  and 
one-quarter  miles  distant  from  the  mouth  of  Huichica 
Creek,  to  the  point  of  intersection  with  the  westerly  line  of 
Contra  Costa  County,  forming  common  corner  of  Marin, 
Solano.  Contra  Costa,  and  Sonoma,  as  described  in  section 
3954;  thence  following  the  northern  boundary  of  Marin 
westerly  to  the  mouth  of  Fetaluma  Creek;  thence  up  said 
creek  to  the  mouth  of  San  Antonio  Creek,  thence  up  said 
San  Antonio  Creek  to  its  head;  thence  in  a  dircet  line 
to  the  head  of  the  Estero  Americano,  on  the  line  surveyed 
and  established  by  William  Mock,  under  the  direction  of 
the  surveyor-general,  in  the  year  eighteen  hundred  and 
fifty-six;  thence  down  said  Estero  Americano  to  its  mouth; 
thence  due  west  three  miles  to  a  point  in  the  Pacific  Ocean; 
thence  northwesterly,  by  ocean  shore,  to  the  point  of  be- 
ginning. 
County  seat— Santa  Rosa.     En.  March  12,  1872. 

SOLANO. 

§  3956.  Solano.  Beginning  at  southwest  corner,  in  San 
Pablo  Bay,  at  common  corner  of  Contra  Costa.  Sonoma, 
Marin,  and  Solano,  as  established  in  section  3954;  thence 
north,  twenty-six  and  one-half  degrees  west,  about  six  and 
one-quarter  miles  on  che  western  line  of  Sonoma,  as  estab- 
lished in  section  3955  to  the  southwest  corner  of  Napa, 
at  the  mouth  of  Huichica  Creek,  thence  east,  on  southern 
line  of  Napa,  to  the  southeast  corner  thereof,  as  estab- 
lished in  section  3958;  thence  north  on  line  of  Napa,  a 
established  in  said  section,  to  the  first  standard  north; 
thence  east,  along  said  standard,  on  said  Napa  line,  to  the 
summit  of  Vaca  Mountains;  thence  northerly,  on  said 
summit  and  Napa  line,  to  Devil's  Gate,  on  Putah  Creek, 
which  point  forms  the  northwest  corner  of  Solano  and 
southwest  sorner  of  Yolo;  thence  easterly,  on  line  of  Yolo, 
down  said  creek  and  old  bed  thereof;  to  its  intersection 
with    western    line    of    range    three    east,    Mount    Diablo 


941  COUNTY   BOUNDARIES   AND    SEATS.  §  3957 

meridian,  forming  the  northeast  corner  of  Solano,  with 
exterior  angle  in  Yolo;  thence  south,  along  line  of  Yolo, 
on  said  range  line,  two  and  seven-tenths  miles,  to  the  north 
line  of  township  seven  north,  Mount  Liablo  base;  thence 
east,  nine  and  seventy-two  one-hundredths  chains,  to 
northeast  corner  of  said  township;  thnce  south,  to  the 
first  standard  north.  Mount  Diablo  base;  thnce  east,  on 
said  standard  line,  to  the  center  of  Sutter  Slough;  thence 
down  said  slough  to  Merrit  Slough,  down  Merrit  Slough  to 
the  Sacramento  River,  down  the  Sacramento  River,  about 
thirteen  miles  to  Suisun  Bay;  thence  down  the  bay,  along 
the  center  of  the  main  shin  channel,  in  a  westerly  course, 
about  eighteen  miles,  to  the  straits  of  Carquinez;  thence 
down  the  middle  of  said  straits,  and  down  San  Pablo  Bay, 
to  the  place  of  beginning.  All  these  courses  and  lines 
being  as  shown  by  map  and  notes  of  William  Wayne  Pitch 
and  E.  H.  Marshall,  surveyor  and  deputy  surveyor  of 
Solano  County. 

County   seat— Fairfield.     En.   March   12,   1872. 

Solano  County  seat  located  at  Fairfield:  Stats.  1874, 
p.  783. 

MARIN. 

§  3957.  Marin.  Beginning  in  the  Pacific  Ocean,  at 
southwest  corner  of  Sonoma;  thence  southeasterly  along 
southern  line  of  Sonoma,  as  established  in  section  3955, 
to  the  mouth  of  Petaluma  Creek;  thence  to  common  corner 
of  Marin,  Sonoma,  Contra  Costa,  and  Solano,  in  San 
Pablo  Bay,  as  established  in  section  3955;  thence  south- 
erly along  the  western  boundary  of  Contra  Costa,  in  the 
bay  of  San  Pablo,  to  the  middle  of  the  straits  of  San 
Pat)]o;  thence  southerly  in  a  direct  line,  to  Invincible  Rock, 
in  the  bay  of  San  Francisco,  near  the  entrance  of  the 
straits  of  San  Pablo;  thence  in  a  direct  line,  to  north- 
western point  of  Red  Rock;  thence  southerly  to  the 
extreme  southeasterly  point  of  Angel  Island;  thence  south- 
westerly to  the  extreme  end  of  Point  Caballo  at  low-water 
mark;  thence  on  the  line  of  low-water  mark  along  the 
northern  shore  of  the  bay  of  Point  Bonita,  and  three  miles 
into  the  Pacific  Ocean,  to  the  northwestern  corner  of  San 
Francisco,  as  established  in  section  3950;  thence  north- 
westerly by  ocean  shore  to  the  place  of  beginning. 

County  seat — San  Rafael.     En.  March  12,  1872. 


§  395S  COUNTY    BOUNDARIES    AND    SEATS.  »42 

NAPA. 

§  3958.  Napa.  Beginning  at  southwestern  corner,  at  a 
point  in  Huichica  Creek  where  the  said  creek  empties 
into  San  Pablo  Bay;  thence  east  to  the  mountains  divid- 
ing Napa  Valley  from  Suisun  Valley,  forming  southeastern 
corner;  thence  northerly  along  with  summit  line  of  said 
mountains  to  its  intersection  with  the  first  standard 
north,  Mount  Diablo  base,  marked  by  a  rock  monument 
erected  by  Ralph  Norris;  thence  east  along  said  standard 
line  seven  and  three  fourths  miles  to  Vaca  Mountains, 
which  divide  the  Vaca  and  Suisun  valleys;  thence  north- 
erly along  the  main  ridge  of  said  Vaca  Mountains  to 
Putah  Creek,  at  a  point  called  the  Devil's  Gate; 
thence  northerly  across  said  creek  to  and  along  the 
mountains  dividing  Berryessa  Valley  from  Sacramento 
valley  to  the  southeast  corner  of  Lake  County  on  the 
western  line  of  Yolo;  thence  westerly  along  the  southern 
line  of  Lake,  as  established  in  section  3917,  to  its  inter- 
section, with  the  eastern  line  of  Sonoma;  thence  south- 
easterly on  said  line  of  Sonoma  to  the  western  branch 
of  the  headwaters  of  the  Huichica  Creek;  thence  westerly 
to  the  main  ridge  that  divides  the  Huichica  Valley  from 
the  Sonoma  Valley;  thence  southerly  along  the  said  divid- 
ing ridge  to  the  tule  bordering  on  San  Pablo  Bay;  thence 
southerly  to  the  center  of  the  Huichica  Creek;  thence  down 
said  creek  to  its  mouth,  the  place  of  beginning. 

County  seat — Napa  City.     En.  March  12,  1872. 

Northern  boundary  line  of  Napa  County  adjoining  Lake 
and  Yolo  counties,  act  to  define:   Stats.  1872,  p.  305. 


943  PROVISIONS   RELATING   TO    COUNTIES.        §§  3969-3a7i 

CHAPTER  II. 

GENERAL   PROVISIONS  RELATING  TO  COUNTIES. 

§  3969.  Surveys    to    definitely    establish    unsettled    boundaries. 

§  ;!97').  Reports   to    surveyor-general    on   disagreement   of   supervisors. 

5  .SiiVl.  Survevor-ger.eral  to  ■determine  boundary,  or  to  order  new  sur- 
veys. 

§  397-'.  Approved   surveys  to  be   conclusive. 

S  3973.  Previous  surveys   validated.    Their   force  as   evidence. 

§  :5974.  Apportiomnent    of   cost    of    survey.     Payment. 

S  3975.  Ciillection  of  old  taxes  wlien  county  Is  divided,  or  boundary 
altered. 

^  3976.  Petition   for   change   ot   county   seat. 

g  3977.  Supervisors   to    order   election 

S  397S.  Notice    of   election,    etc.     (Repealed.) 

8  3979.  Election,    notice   of;    how    held   and    conducted. 

§  3980.  Voter    to    vote    for    place    he    prefers. 

§  39S1.  Notice   of   result. 

§  39S2.  Place    chosen,    to    be    county    seat. 

§  3983.  Statement    of   resuli    deposited   and   notice    transmitted. 

§  3984.  No   second   election   to   be   held   within   four  years. 

§  3985.  Subsequent   lemoval   of   county   seat. 

§  3969.  Surveys  to  definitely  establish  unsettled  bound- 
aries. All  common  boundaries  and  common  corners  of 
counties  not  adequately  marked  by  natural  objects  or 
lines,  or  by  surveys  lawfully  made,  must  be  definitely  estab- 
lished by  sui-veys  jointly  made  by  the  survej'ors  of  all 
the  cou'ni.ies  affected  thereby,  and  approved  by  the  boards 
of  surpervisors  of  such  counties,  or  by  a  survey  made  by 
the  siirveyor-general,  on  application  of  the  board  of  su- 
pervisors of  any  county  affected  thereby.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     110,  250. 

§  3970.  Reports  to  surveyor-general  on  disagreement  of 
supervisors.  If  the  first  mode  is  adopted,  and  the  board  of 
supervisors  do  not  agree  upon  and  finally  approve  the 
survey,  each  surveyor  must  make  a  report  to  the  surveyor- 
general  with  surveys,  maps,  notes,  and  explanations 
touching  disputed  points.     En.  March  12,  1872. 

§  3971.  Surveyor-general  to  determine  boundary,  or  to 
order  new  surveys.  Upon  such  reports  the  surveyor-gen- 
eral mus!;  finally  determine  and  establish  the  common 
boundaries  and  corners,  if  he  can  collate  a  satisfactory  de- 
scription therefrom.  If  the  reports  are  insufficient  for 
such  purpose,  he  must  cause  surveys  to  be  made,  and 
when  approved  by  him  the  surveys  establish  such  common 
boundaries  and  corners.     En.  March  12,  1872. 


§§  3972-3977       PROVISIONS    RELATING   TO    COUNTIES.  SK4 

§  3972.  Approved  surveys  to  be  conclusive.  All  sur- 
veys finally  approved  under  the  provisions  of  this  chapter 
are  conclusive  ascertainments  of  lines  and  corners  included 
therein.     En.  March  12,  1872. 

Cal.  Rep.   Cit.       56,  649. 

§  3973.  Previous  surveys  validated.  Their  force  as  evi- 
dence. All  surveys  and  maps  of  boundary  lines  heretofore 
legally  made  and  approved,  are  declared  valid,  and  they 
are  prima  facie  evidence  of  the  establishment  of  such 
lines,  except  so  far  as  they  are  inconsistent  with  the  pro- 
visions of  this  code.     En.  March  12,  1872.     Am'd.  1873-4,  54. 

Prima  facie  evidence  defined:   Code  Civ.  Proc,  sec.  1833. 

§  3974.  Apportionment  of  cost  of  survey.  Payment. 
The  cost  of  making  such  surveys  must  be  apportioned 
equally  among  the  counties  interested,  and  the  board  of 
supervisors  must  audit  the  same,  and  the  amounts  must 
be  paid  out  of  the  general  county  fund  En.  March  12, 
1872. 

§  3975.  Collection  of  old  taxes  when  county  is  divided, 
or  boundary  altered.  When  a  county  is  divided  or  the 
boundary  is  altered,  all  taxes  levied  before  the  division 
was  made  or  boundary  changed  must  be  collected  by  the 
officers  of  and  belong  to  the  county  in  which  the  territory 
was  situated  before  the  division  or  change.  En.  March  12, 
1872. 

Formation   of   new   county:    Const.   Cal.,   art.   XI,   sec.   3. 

County  divided  and  new  county  created:  See  Const. 
Cal.,  art.  XI,  sec.  3. 

§  3976.  Petition  for  change  of  county  seat.  Whenever 
the  inhabitants  of  any  county  of  this  slate  desire  to  remove 
the  county  seat  of  the  county  from  the  place  where  it  is 
fixed  by  law  or  otherwise,  they  may  present  a  petition  to 
the  board  of  supervisors  of  their  county,  praying  such 
removal,  and  that  an  election  be  held  to  determine  to 
what  place  such  removal  must  be  made.  En.  March  iz, 
1872. 

Cal.  Rep.  Cit.     48,  158;   49,  565;   51,  339. 

Removal  of  county  seat,  number  of  elections  that  may 
be  held  for,  only  once  in'  four  years,  by  Const.  Cal.,  art. 
XI,  sec.  2:   See  post,  sec.  3984. 

§  3977.  Supervisors  to  order  election.  If  (he  petition 
is  signed   by  qualified   electors  of    the    county,    equal    in 


945  PROVISIONS    RELATING   TO    COUNTIES.        §§  3978-3a8:i 

number  to  at  least  three  fifths  of  all  the  votes  cast  in  the 
county  at  the  last  preceding  general  election,  the  board 
must  at  the  next  general  election  of  county  officers,  sub- 
mit the  question  of  removal  to  the  electors  of  the  county. 
En.  March  12,  1872.  Am'd.  1873-4,  54;  1873-4,  170;  1880,  2. 
General  election,  question  of  removal  to  be  submitted 
at,  under  Const.  Cal.,  art.  XI,  sec.  2. 

§  3978.  Notice  of  election,  etc,  (Repealed.)  En.  March 
12,  1872.     Am'd.  1873-4,  55.     Rep.  1880,  3. 

§  3979.  Election,  notice  of;  how  held  and  conducted. 
Notice  of  such  election,  clearly  stating  the  object,  shall 
be  given,  and  the  election  must  be  held  and  conducted 
and  the  returns  made  in  all  respects  in  the  manner  pre- 
scribed by  law  in  regard  to  elections  for  county  officers. 
En.  March  12,  1872.     Am'd.  1880,  2. 

§  3980.     Voter  to  vote  for  place  he  prefers.     In  voting  on 

the  question,  each  elector  must  vote  for  the  place  in  the 
county  which  he  prefers  as  the  seat  of  justice,  plainly 
designating  it  in  is  ballot.     En.  March  12,  1872. 

§  3981.  Notice  of  result.  AVhen  the  retiirns  have  been 
received  and  compared,  and  the  results  ascertained  by  the 
board,  if  two  thirds  of  all  the  legal  votes  cast  by  those 
voting  on  the  proposition  are  in  favor  of  any  particular 
place,  the  board  must  give  notice  of  the  result  by  posting 
notices  thereof  in  all  the  election  precincts  in  the  county. 
En.  March  12,  1872.     Am'd.  1873-4,  55;   1880,  2. 

Cal.  Rep.  Cit.     75,  179;    75,  180. 

Conforms  to  Const.  Cal.  1879,  art.  XI,  sec.  2. 

§  3982.  Place  chosen,  to  be  county  seat.  In  the  notice 
provided  for  in  section  3981,  the  place  selected  to  be  the 
county  seat  of  the  county  must  be  so  declared  from  a  day 
specified  in  the  notice  not  more  than  ninety  days  after  the 
election.  After  the  day  named  in  the  notice  the  place 
chosen  is  the  county  seat  of  the  county.  En.  March  12, 
1872. 

§  3983.     Statement  of  result  deposited  and  notice  trans- 
mitted.    Whenever  any  election  has  been  held  as  provided 
for  in  the  preceding  sections  of  this  chapter,  the  statement 
made  by  the  board    of    supervisors,    showing    the    result 
Pol.    Code — 60 


§§  3984,  3985        PROVISIONS     RELATING     TO    COUNTIES  »*« 

thereof,  must  be  deposited  in  the  office  of  the  county  clerk, 
and  whenever  the  board  gives  the  notice  prescribed  by 
section  3982  they  must  transmit  a  certified  copy  thereof 
to  the  secretary  of  state.     En.  March  12,  1872. 

§  3984.     No  second  election  to  be  held  within  four  years. 

When  the  election  has  been  held  and  two  .xirds  of  the 
votes  are  not  cast  for  some  other  place  than  that  fixed 
by  law  as  the  former  county  seat,  no  second  election  for 
the  removal  thereof  must  be  held  within  four  years  there- 
after.    En.  March  12,  1872.     Am'd.   1880,   3. 

Cal.   Rep.   Cit.     48,  158. 

Conforms  to  Const.  Cal.  1879,  art.  XI,  sec.  2. 

§  3985.  Subsequent  removal  of  county  seat.  When  the 
county  seat  of  a  county  has  been  once  removed,  by  a  popu- 
lar vote  oJ  the  people  of  the  county,  it  may  be  again  re- 
moved from  time  to  time  in  the  manner  provided  by  this 
chapter;  but  no  election  must  be  ordered  to  effect  any 
such  subsequent  removal,  unless  a  petition  praying  an 
election  is  signed  by  qualified  electors  of  the  county  equal 
in  number  to  at  least  three  fourths  of  all  the  votes  cast 
at  the  next  preceding  general  election;  nor  unless  at  such 
election,  when  ordered,  two  thirds  of  ull  the  votes  cast  are 
in  favor  of  some  other  place  as  the  county  seat  of  the 
county;  and  :  uch  election,  when  so  ordered,  shall  take 
place  at  the  first  general  election  held  thereafter,  nor 
must  two  elections  to  effect  such  removal  be  held  within 
four  years.  En.  March  12,  1872.  Am'd.  1873-4,  55;  1873- 
4,   171;    1875-6,   64. 

Cal.   Rep.  Cit.     48,  159. 


947  COUNTIES    AS   BODIES    CORPORATE.  §§  4000,  4W1 

TITLE  II. 

THE   GOVERNMENT   OF   COUNTIES. 

Chapter  I.  Counties  as   Bodies   Corporate,    §§   4000-4007. 

II.  The  Board  of  Supervisors,  §§  4022-4087. 

III.  County   Officers,    §§   4101-4316. 

IV.  Salaries  and  Fees  of  Office,  §§  4328-4334. 
V.  Other  County  Charges,   §§   4343-4347. 

CHAPTER    I. 

COUNTIES    AS    BODIES    CORPORATE. 

§  4000.  Every    county   a   body   corporate. 

§  4001.  Powers,    how   exercised. 

§  4002.  Name   and    designntion. 

§  4003.  Enumeration    nt   pr.wers. 

§  4004.  Restriction    on    loaning   cre.lit. 

§  40r;5.  Restiictinn   on    tenporary   loans. 

§  40O6.  Classification    of    counties. 

§  4007.  Same,    governed    b;-    new    census. 

§  4000.  Every  county  a  body  corporate.  Every  county 
is  a  body  politic  and  corporate,  and  as  such  has  the  powers 
specified  in  this  code,  or  in  special  statutes,  and  such 
powers  as  are  necessarily  implied  from  those  expressed. 
En.  March  12,  1872.     Am'd.  1880,  93. 

Cal.  Rep.  Cit.     56,  3;    67,   252. 

The  act  amending  this  section  and  sections  4003,  4004 
4006,  4022,  4023.  4024,  4025,  4026,  4028,  4029,  4046,  4087.' 
4103.  4104,  4109,  4115,  4116,  4119,  4165,  4192,  4204,  4221, 
4256,  4314,  4328,  4329,  4344,  repealing  sections  4005,  4006, 
4027,  4080,  4110,  4111,  4304,  and  adding  sections  4292  and 
4348  to  the  Political  Code,  approved  April  27,  1880,  was 
declared  unconstitutional  in  Leonard  v.  January,  56  Cal.  1. 
Section  in  force  inserted  above. 

County  governments;  uniform  system  of;  legislature  di- 
rected to  provide,  by  Const.  Cal.,  art.  XI,  sec.  4. 

Powers:  Post,  sec.  4003.  Restrictions  on:  Post,  sees. 
4004,  4005.     By   whom    exercised:  Post,   sec.   4001. 

Municipal   corporations    defined:   Post,    sec.    4356. 

§  4001.  Powers,  how  exercised.  Its  powers  can  only 
be  exercised  by  the  board  of  supervisors,  or  by  agents, 
and  officers  acting  under  their  authority,  or  authority  of 
law;    provided,    however,    that     whenever'  any    board    of 


§§  4002,  4003  COUNTIES   AS    BODIES   CORPORATE.  »4'S 

supervisors  shall,  without  authority  of  law,  order  any 
money  paid  as  a  salary,  fees,  or  for  other  purposes,  and 
such  money  shall  have  been  actually  paid,  or  whenever 
the  county  clerk  or  county  auditor  has  drawn  any  war- 
rant or  warrants  in  his  own  favor,  or  in  favor  of  any  other 
person,  without  being  authorized  thereto  by  the  board  of 
supervisors,  or  by  the  law,  and  the  same  shall  have  been 
paid,  the  district  attorney  of  such  county  is  hereby  em- 
powered, and  it  is  hereby  made  his  duty  to  institute  suit 
in  the  name  of  the  county,  against  such  person  or  persons, 
to  recover  the  money  so  paid,  and  twenty  per  cent  damage 
for  the  use  thereof,  and  no  order  of  the  board  of  super- 
visors therefor  shall  be  necessary  in  order  to  maintain 
such  suit;  and,  provided  further,  that  when  the  money 
has  not  been  paid  on  such  orders,  it  is  hereby  made  the 
duty  of  the  district  attorney  of  such  county  to  commence 
suit  in  the  name  of  the  county,  for  restraining  the  pay- 
ment of  the  same;  and  no  order  of  the  board  of  supervisors 
therefor  shall  be  necessary  in  order  to  maintain  such  suit. 
En.  March  12,  1872.     Am'd.  1873-4,  171. 

Cal.    Rep.    Cit,     67,    252. 

Cqunty  government   act:   See  General   Laws. 

§  4002.  Name  and  designation.  The  name  of  a  county 
designated  in  the  law  creating  it  is  its  corporate  name, 
and  it  must  be  known  and  designated  thereby  in  all  ac- 
tions and  proceedings  touching  its  corporate  rights,  prop- 
erty, and  duties.     En.  March  12,  1872. 

Names  of  counties,  where  given:  Ante,  sec.  3902. 

Actions:   See  post,  sec.  4003,  subd.  1. 

§  4003.     Enumeration  of  powers.     It  has  power: 

1.  To  sue  and  be  sued; 

2.  To  purchase  and  hold  lands  within  its  limits; 

S.  To  make  such  contracts,  and  purchase  and  hold  such 
personal  property  as  may  be  necessary  to  the  exercise 
of  its  powers. 

4.  To  make  such  orders  for  the  disposition  or  use  of  its 
property  as  the  Interests  of  its  inhabitants  require; 

5.  To  levy  and  collect  such  taxes  for  purposes  under  its 
exclusive  jurisdiction  as  are  authorized  by  this  code  or  by 
special  statutes.     En.   March  12,  1872.     Am'd.   1880,   93. 

Cal.  Rep.  Cit.     56,  3;   67,  252;   137,  207.     Subd.  3—56,  116. 


949  COUNTIES   AS   BODIES   COKPORATE.  g§  4004-4007 

Amendment  1880  declared  unconstitutional:  See  sec. 
4000,  note.     Section  in  force  inserted  above. 

Acts  in  relation  to  counties:  See  General  Laws,  title 
Counties. 

§  4004.  Restriction  on  loaning  credit.  No  county  must 
in  any  manner  loan  or  give  its  credit  to  or  in  aid  of  any 
person  unless  it  is  expressly  authorized  by  law  so  to  do. 
En.  March  12.  1872.     Am'd.   1880.   93. 

Cal.  Rep.  Cit.     56,  3. 

Amendment  1880  declared  unconstitutional:  See  sec. 
4000,  note.     Section  in  force  inserted  above. 

§  4005.  Restriction  on  temporary  loans.  No  money 
must  be  borrowed  on  a  temporary  loan  by  any  county  ex- 
cept in  anticipation  of  the  taxes  of  the  current  fiscal  year, 
and  the  same  must  always  be  made  payable  within  eight 
months  from  the  time  of  making  the  loan.  En.  March  12, 
1872.     Rep.   1880,    94.     [See    note    below.] 

Repealing  act  of  1880  was  declared  unconstitutional: 
See  sec.  4000,  note.     Section  in  force  inserted  above. 

§  4006.  Classification  of  counties.  For  purposes  other 
than  for  roads  and  highways  the  counties  of  this  state  are 
classified  as  follows: 

1.  Those  containing  twenty  thousand  inhabitants  or  over 
constitute  the   first    class; 

2.  Those  containing  eight  thousand  and  under  twenty 
thousand  inhabitants   constitute   the   second   class;    and, 

3.  Those  containing  less  than  eight  thousand  inhabitants 
constitute  the  third  class.  En.  March  12,  1872.  Am'd. 
1880,  94. 

Cal.  Rep.  Cit.  56,  3;  63,  177;  64,  89;  65,  112;  111,  367; 
111,  368. 

Amendment  and  repealing  act  of  1880  declared  uncon- 
stitutional: See  note  to  sec.  4000.  Section  in  force  in- 
serted above. 

§  4007.  Same,  governed  by  new  census.  Whenever  a 
new  census  is  taken  the  counties,  on  the  first  day  of  July 
next  thereafter,  are,  by  operation  of  law,  classified  under 
such  census.     En.    March   12.   1872. 

Cal.  Rep.  Cit.     64,   89;    64,  90;    65,  112. 


§§  4022-4025  BOARD   OF  SUPERVISORS.  J»60 

CHAPTER  II. 

THE   BOARD    OF   SUPERVISORS. 

Article    I.     Organization   and   Terms   of   Board.    §§   4022-4035. 
II,     General   Permanent  Powers,    §§  4045-4052. 
III.    Other    Powers    and    Restrictions,    §§    4064-4087. 

ARTICLE  I. 

ORGANIZATIOM  AND  TERMS  OF  THE  BOARD. 

§  4022.  Number  of   memoers   In  various   classes   of   counties. 

§  4023.  Member   must   be"   elector   of   district. 

§  4024.  Term    of    office.     (Repealed.)   " 

§  402.5.  Proceedings    whei    number   of   members    increased    or   'decrease,!. 

§  4026.  Vacancy,    how    filled. 

§  4027.  Membeis,    how   classiiied   for  election.     (Repealed.) 

§  402S.  Chairman,    permanent   and   temporary.     Administration   of   oaths. 

§  4029.  Clerk,    and    his    compensation.     Signature    to    records. 

§  4030.  Duties   of   clerk. 

§  4031.  Books   to   be   kept  by   the  board. 

§  4032.  Regular    meetings    fixed.     Other    meetings. 

§  4033.  Additional    legular   meetings   may   be    fixed. 

§  4034.  Special   meetings,    how   called. 

§  403.5.  Meetings   and    reccrds   public. 

§  4022.  Number  of  members  in  various  classes  of  coun- 
ties. Each  county  must  have  a  board  of  supervisors,  con- 
sisting: 

1.  In  counties  of  the  first  class,  of  seven  members; 

2.  In  counties  of  the  second  class,  of  five  members; 

3.  In  counties  of  the  third  class  of  three  members. 
En.  March  12,  1872.     Am'd.  1880.  95. 

Cal.  Rep.  Cit.     56,  3;    56,  105;    64,  89. 
Amendment  of  1880   declared   unconstitutional:    See  sec. 
4000,  note.     Section  in  force  inserted  above. 

§  4023.  IVlember  must  be  elector  of  district.  Each  mem- 
ber of  a  board  of  supervisors  must  be  an  elector  of  the 
district  he  represents.     En.  March  12,  1872.     Am'd.  1880,  95. 

Cal.  Rep.  Cit.     56,  3;  63,  178. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

Elector,  qualifications  of:  Ante,  sec.  1083,  and  notes. 

§  4024.     Term    of    office.     (Repealed.)     En.    March    12, 
1872.     Am'd.  1880,  95.     Rep.  1881,  73. 
Cal.  Rep.  Cit.     56.  3;  56,  105;  58.  565;   62,  563. 

§  4025.  Proceedings  when  number  of  members  increased 
or  decreased.     If,  under  the  classification,  the  number  of 


951  BOARD   OF   SUPERVISORS.  §§  4026-4UA 

supervisors  of  any  county  is  either  increased  or  dimin- 
ished, the  board  of  supervisors  must  redistrict  the  county 
into  supervisor  districts,  as  nearly  equal  in  population  as 
may  be,  to  correspond  with  the  number  of  supervisors  to 
which  it  is,  under  the  new  classification,  entitled.  If  the 
number  is  increased,  at  the  first  general  election  thereafter 
suervisors  must  be  elected  for  such  new  districts  in  which 
no  supervisors  then  acting  reside;  and  if  the  number  is 
decreased,  no  successors  must  be  elected  for  supervisors 
whose  terms  expire  until  the  number  is  decreased  to  that 
to  which  the  county  is  entitled.  En.  March  12,  1872. 
Am'd.  1880,  96. 

Cal.   Rep.   Cit.     56,  3;    64,   89;    65,  112. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

§  4026.  Vacancy,  how  filled.  Whenever  a  vacancy  oc- 
curs in  the  board  of  supervisors,  from  a  failure  to  elect 
or  otherwise,  the  county  judge  must  fill  the  vacancy  by 
appointing  for  the  unexpired  term  some  qualified  elector 
of  the  district  in  which  the  vacancy  occurs.  En.  March 
12,  1872.     Am'd.  1880,  96. 

Cal.  Rep.  Clt.    56,  3. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

§  4027.     Members,     how     classified     for    election.     .  (Re- 
pealed.)    En.  March  12,  1872.     Rep.  1880,  96;    1881,  73. 
Cal.  Rep.  Cit.     58,  565;  62,  563. 

§  4028.  Cliairman,  permanent  and  temporary.  Adminis- 
tration of  oaths.  The  chairman  must  preside  at  all  meet- 
ings of  the  board,  and  in  case  of  his  absence  or  inability 
to  act,  the  members  present  must,  by  an  order,  select  one 
of  their  number  to  act  as  chairman  temporarily.  An> 
member  of  the  board  may  administer  oaths  to  any  person 
concerning  any  matter  submitted  to  them  or  connected 
with  their  powers  or  duties.  En.  March  12,  1872.  Am'd. 
1880,  96. 

Cal.   Rep.    Cit.     56,   3. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

§  4029.  Clerk,  and  his  compensation.  Signature  to  rec- 
ords. The  clerk  of  the  county  is  ex-officio  clerk  of  the 
board  of  supervisors.     The  records  must  be  signed  by  the 

31 


§§  4030.  4031  BOARD   OF  SUPERVISORS.  »62 

chairman  and  the  clerk.  The  clerk  must  be  paid  such 
compensation  as  is  provided  by  law,  in  full  for  all  services 
as  clerk  of  the  board.    En.  March  12,  1872.     Am'd.  1880,  96. 

Cal.  Rep.  Cit.     52,  4;  56,  3. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

§  4030.     Duties  of  clerk.     The  clerk  of  the  board  must: 

1.  Record  all  the  proceedings  of  the  board: 

2.  Make  full  entries  of  all  their  resolutions  and  de- 
cisions on  all  questions  concerning  the  raising  of  money 
for,  and  the  allowance  of  accounts  against  the  county; 

3.  Record  the  vote  of  each  member  on  any  question  upon 
which  there  is  a  division,  or  at  the  request  of  any  member 
present; 

4.  Sign  all  orders  made  and  warrants  issued  by  order 
of  the  board  for  the  payment  of  money,  and  when  he  is 
not  also  the  county  auditor,  certify  the  same  to  that 
officer; 

5.  Record  the  reports  of  the  county  treasurer  of  the 
receipts  and  disbursements  of'  the  county; 

6.  Preserve  and  file  all  accounts  acted  upon  by  the 
board; 

7.  Preserve  and  file  all  petitions  and  applications  for 
franchises,  and  record  the  action  of  the  board  thereon; 

8.  Record  all  orders  levying  taxes;   and, 

9.  Perform  all  other  duties  required  by  law  or  any  rule 
or  order  of  the  board.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  4. 

Signing  records:  See  ante,  sec.  4029. 

§  4031.  Books  to  be  kept  by  the  board.  The  board  must 
cause  to  be  kept: 

1.  A  "Minute  Book"  in  which  must  be  recorded  all  or- 
ders and  tlecisions  made  by  them,  and  the  daily  proceedings 
had  at  all  regular  and  special  meetings; 

2.  An  "Allowance  Book,"  in  which  must  be  recorded  all 
orders  for  the  allowance  of  money  from  the  county  treas- 
ury, to  whom  made,  and  on  wha<^  account,  dating,  number- 
ing, and  indexing  the  same  through  each  year. 

3.  A  "Road  Book,"  containing  all  proceedings  and  ad- 
judications   relating    to    the    establishment,    maintenance, 


953  BOARD    OF    SUPERVISORS.  §§  4032-4034 

change,  and  discontinuance  of  roads,  road  districts,  and 
overseers  thereof,  their  reports  and  accounts. 

4.  A  "Franchise  Book,"  containing  all  franchises  granted 
by  them,  for  what  purpose,  the  length  of  time  and  to  whom 
granted  the  amount  of  bond  and  license  tax  required; 

5.  A  "Warrant  Book,"  to  be  kept  by  the  county  auditor, 
in  which  must  be  entered,  in  the  order  of  drawing,  all 
warrants  drawn  on  the  treasury,  with  their  number  and 
reference  to  the  order  on  the  minute  book,  with  the  date, 
amount,  on  what  account,  and  name  of  payee.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     72,  9. 

§  4032.     Regular   meetings  fixed.     Other   meetings.     The 

regular  meetings  of  the  boards  of  supervisors  must  be  held 
at  their  respective  county  seats  on  the  first  Mondays  in 
May,  August,  November,  and  February  of  each  year,  an.l 
must  continue  from  time  to  time  until  all  the  business 
before  them  is  disposed  of.  Such  other  meetings  must  be 
held,  to  canvass  election  returns,  equalize  taxation,  and 
ether  purposes,  as  are  prescribed  in  this  code  or  provided 
for  by  the  board.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     G4,  293;   65,  311.  ' 

§  4033.     Additional  regular  meetings    may    be    fixed.     In 

the  counties  of  the  first  and  second  classes  additional 
regular  meetings,  not  exceeding  two  in  each  year,  may  be 
provided  for,  fixed,  and  held  for  the  transaction  of  business 
by  an  order  duly  entered  of  record,  in  which  must  be 
specified  the  character  of  business  to  be  transacted  at 
such  additional  regular  meetings,  and  none  other  than 
thac  specified  must  be  transacted.  Notice  of  the  order 
fixing  such  additional  meetings  must  be  published  for  four 
weeks,  in  a  paper  published  in  the  county,  before  the 
ordinance   is   effective.     En.   March  12,   1872. 

§  4034.  Special  meetings,  how  called.  If  at  any  time 
after  the  adjournment  of  a  regular  meeting  the  business 
of  the  county  requires  a  meeting  of  the  board,  a  special 
meeting  may  be  ordered  by  a  majority  of  the  board.  The 
order  must  be  entered  of  record,  and  five  days'  notice 
thereof  must  by  the  clerk  be  given  to  each  member  not 
joining  in  the  order.  The  order  must  specify  the  business 
to  be  transacted,  and  none  other  than  that  specified  must 
be  transacted  at  such  special  meeting.    En.  March  12,  1872. 


§§  4035,  4045  BOARD    OF    SUPERVISORS.  954 

§  4035.  Meetings  and  records  public.  All  meetings  of 
the  board  must  be  public  and  the  books,  records,  and 
accounts  must  be  kept  at  the  cflSce  of  the  clerk,  open  at 
all  times  for  public  inspection  free  of  charge.  En.  March 
12,  1872. 

ARTICLE   II. 

GENERAL  PERMANENT  POWERS. 

§  4045.  Power   to   Impose   license    tax. 

§  4046.  Geneial    permanent   powers. 

§  4047.  Power    to   direct    attendance    of    sheriff — Contempt. 

§  4047.  Contracts   lor  printing,    stationery   and   supplies,    how   made. 

§  404S.  Finding    outstanling    indebtedness    of    counties.     Form    of    bond.s 

§  4049.  Custody,    disposal,    and  account   of   bonds. 

§  4050.  Assessme.its    for    bon-d    fund. 

§  4051.  Redemption    of   bonds. 

§  4052.  Proceedings   on   ff.l'ure   to   levy   tax. 

§  4045.     Power    to     impose    license    tax.     The  board  of 

supervisors,  in  their  respective  counties,  have  jurisdiction 
and  power,  under  such  limitations  and  restrictions  as  are 
prescribed  by  law,  and  in  addition  to  their  other  juris- 
diction and  powers,  to  impose  a  license  tax,  at  a  rate  to 
be  fixed  annually  by  them,  upon  the  following-named  per- 
sons, occupations,  and  business: 

1.  Auctioneers,  bridges,  ferries,  wharves,  chutes,  pier.^, 
persons  engaged  in  banking,  loaning  money  at  interest, 
or  in  buying  or  selling  notes,  bonds,  or  other  evidences  of 
indebtedness  of  private  persons;  or  in  buying  or  selling 
state,  county,  or  city  stocks,  or  other  evidences  of  state, 
county,  or  city  indebtedness,  or  stocks;  or  notes,  bonds, 
or  other  evidences  of  indebtedness  of  incorporated  com- 
panies; or  in  buying  or  selling  gold  dust,  gold  or  silver 
bullion,  or  gold  or  silver  coin;  proprietors  of  billiard  tables 
not  kept  exclusively  for  family  use,  theaters,  exhibitions 
of  a  caravan  or  menagerie,  or  any  collection  of  animals, 
circus,  or  other  acrobatic  performance;  each  show  for  pay 
of  any  figures,  jugglers,  necromancers,  magicians,  wire 
or  rope  dancers,  or  sleight-of-hand  exhibition;  all  pawn- 
brokers, keepers  of  intelligence  offices,  persons  who  sell 
spirituous,  malt,  or  fermented  liquors,  or  wine  in  less  quan- 
tities than  one  quart. 

2.  Every  person  who,  at  a  fixed  place  of  business,  sells 
any  goods,  wares,  or  merchandise,  wines  or  -distilled 
liquors,  drugs  or  medicines,  jewelry  or  wares  of  precious 
metals,  whether  on  commission  or  otherwise  (except  agri- 


955  BOARD   OP   SUPERVISORS.  S  *^^ 

cultural  or  vinicultural  pioductlons,  or  the  productions  of 
any  stock,  dairy,  or  poultry  farm  of  this  state,  when  sold 
by  the  producer  thereof,  and  except  such  as  are  sold  by 
auctioneers  at  public  sale  under  license) ;  all  persons  who 
keep  horses  or  carriages  for  hire  (except  such  as  are  used 
in  the  transportation  of  goods) ;  every  traveling  mer- 
chant, hawker,  or  peddler  who  vends  goods,  wares,  or  mer- 
chandise of  any  kind,  other  than  the  manufactures  or 
productions  of  this  state;  every  person  who  keeps  a 
stallion,  jack,  or  bull,  and  who  permits  the  same  to  be 
used  for  the  purpose  of  propagation  for  hire;  a  license 
for  propagation,  obtained  from  the  tax  collector  under  tne 
provision?  of  this  act,  shall  entitle  the  holder  thereof  to 
the  right  to  go  into  any  county  of  this  state  for  the  pur- 
poses of  propagation,  without  further  license  or  expense. 
The  provisions  of  this  section  do  not  apply  to  exhibitions 
or  entertainments  given  for  the  benefit  of  churches, 
schools,  or  other  charitable  entertainments,  by  any  ama- 
teur dramatic  association  or  literary  society  of  the  town 
or  district  in  which  such  exhibition  or  entertainment  is 
given.  The  sale  of  liquors  and  wines  by  persons  licensed 
under  division  two  of  this  section  must  not  be  in  less 
quantity  than  one  quart  measure.  No  license  must  be 
required  by  physicians,  surgeons,  apothecaries,  or  chemists 
for  any  wines  or  spirituous  liquors  they  may  use  in  the 
preparation  of  medicines. 

3.  The  board  of  supervisors  of  each  county  must,  on 
the  first  Monday  of  October  of  each  year,  fix  the  rates  of 
coimty  licenses;  provided,  that  after  the  passage  of  this 
act  said  board  of  supervisors  of  each  county  may,  at  any 
general  or  special  meeting  of  said  board,  held  as  required 
by  law,  fix  the  rates  of  said  licenses  up  to  the  first  Monday 
of  October,  A.  D.  eighteen  hundred  and  eighty-three,  and 
said  licenses  shall  be  collected  at  said  rates  for  the  year 
eighteen  hundred  and  eighty-turee  until  said  rates  are 
fixed  on  said  first  Monday  of  October,  A.  D.  eighteen  hun- 
dred and  '■'    ty-three. 

4.  The  licenses  herein  provided  for  shall  be  collected 
as  now  provided  for  by  the  provisions  of  chapter  fifteen, 

_  title  seven,   part  three,  of  the  Political  Code  of  the  state 
of  California.     En.   Stats.   1883,  297. 

Cal.  Rep.  Cit.  66,  643;  66,  644;  70,  59;  71,  S'il;  71,  248; 
77,  542;  86,  256;  86,  257;  86,  258;  147,  165.  Subd.  3— 
70,  od;   89,  229. 


§  4046  BOARD    OF    SUPERVISORS.  368 

Licenses,  ;    nerally:    See  ante,  sec.  3356. 
License  in  municipalities:    See  ante,  sec.  335y. 

§  4046.  General  permanent  powers.  The  boards  of 
supervisors,  in  their  respective  counties,  have  jurisdiction 
and  power  under  such  limitations  and  restrictions  as  are 
prescribed  by  law: 

1.  To  supervise  the  official  conduct  of  all  county  officers, 
and  officers  of  all  districts  and  other  subdivi'  "-ns  of  the 
county  charged  with  assessing,  collecting,  safe-keeping, 
management,  or  disbursement  of  the  public  revenues;  see 
that  they  faithfully  perform  their  duties;  direct  prosecu- 
tions for  delinquencies;  and  when  necessary,  rer--'re  them 
to  renew  their  official  bonds,  to  make  reports,  and  to  pre- 
sent their  books  and  accounts  for  inspection. 

2.  To  divide  the  counties  into  townships,  schools,  road, 
and  other  districts  required  by  law;  change  the  same,  and 
create   others   as   convenience   requires. 

3.  To  establish,  abolish,  and  change  election  precincts, 
and  to  appoint  inspectors  and  judges  of  election,  canvass 
all  election  returns,  declare  the  result,  and  i  ^'-ue  '  certifi- 
cates thereof. 

4.  To  lay  out,  maintain,  control,  and  manage  public 
roads,  turnpikes,  ferries,  and  bridges  within  the  county, 
and  levy  such  tax  therefor  as  authorized  by  law. 

5.  To  provide  for  the  care  and  maintenance  of  the  in- 
digent sick,  or  the  otherwise  dependent  poor  of  the 
county;  erect,  officer,  and  maintain  hospitals  therefor,  or 
otherwise  provided  for  the  same;  and  to  levy  the  neces- 
sary tax  therefor,  per  capita,  not  exceeding  three  dollars, 
and  an  ad  valorem  tax  not  exceeding  one  fifth  of  one  per 
cent,  or  either  of  such  levies  when  both  are  not  required, 
on  all  taxpayers  and  taxable  property  of  the  county. 

6.  To  provide  a  farm  in  connection  with  tne  county 
hospital,  and   make  regulations  for  working  the  same. 

7.  When  there  are  no  necessary  county  buildings,  to 
provide  suitable  rooms  for  county  purposes. 

8.  To  purchase,  receive  by  donation,  or  lease  any  real 
or  personal  property  necessary  for  the  use  of  the  county, 
preserve,  take  care  of,  manage,  and  control  the  same; 
but  no  purchase  of  real  property  must  be  made  unless  the 
value  of  the  same  has  been  previously  estimated  by  three 
disinterested  citizens  of  the  county  appointed  by  them  for 


957  BOARD    OF    SUPERVISORS.  5  4046 

that  purpose,  and  no  more  than  the  appraised  value  must 
be  paid  therefor. 

9.  To   cause  to   be   erected   and   furnished   a   courthouse, 
jail,  hospital,  and  such  other  public  buildings  as  may  be- 
necessary. 

10.  To  sell  at  public  auction  at  the  courthouse  door, 
after  thirty  days'  previous  notice,  given  by  publication  in 
a  newspaper  of  the  county,  or  posted  in  five  public  places 
of  the  county,  and  convey  to  the  highest  bidder,  for  cash, 
any  property,  real  or  personal,  belonging  to  the  county, 
paying  the  proceeds  into  the  county  treasury  for  the  use 
of  the  county. 

11.  To  examine  and  audit  the  accounts  of  all  officers 
having  the  care,  management,  collection,  or  disbursement 
of  moneys  belonging  to  the  county,  or  appropriated  by  law 
or  otherwise  for  its  use  and  benefit. 

12.  To  examine,  settle,  and  allow  all  accounts  legally 
chargeable  against  the  county,  except  salaries  of  officers, 
and  orde^"  warrants  to  be  drawn  on  the  county  treasurer 
therefor,  and  provide  for  the  issuing  of  the  same. 

13.  To  levy  such  tax  annually  on  the  taxable  property 
of  the  county,  as  may  be  necessary  to  defray  the  current 
expenses  thereof,  including  salaries  otherwise  unprovided 
for,  not  exceeding  one  dollar  on  every  one  hundred  dollars 
of  value  for  any  one  year;  and  to  levy  such  taxes  as  are 
required  to  be  levied  by  special  or  local  statutes. 

14.  To  equalize  the  assessments. 

15.  To  direct  and  control  the  prosecution  and  defense  of 
all  suits  to  which  the  county  is  a  party. 

16.  To  insure  the  county  buildings  in  the  name  of  and 
for  the  benefit  of  the  county. 

17.  To  grant  licenses  and  franchises,  as  provided  by  law, 
for  constructing,  keeping,  and  taking  tolls  on  roads, 
bridges,  ferries,  wharves,  chutes,  and  piers. 

18.  To  fix  the  compensation  of  all  county  officers  not 
otherwise  in  this  code  or  by  general  or  special  law  fixed, 
and  provided   for  the  payment  of  the  same. 

19.  To  fill  by  appointment  all  vacancies  that  may  occur 
in  county  or  township  ofrices,  except  those  of  county  judge 
and  supervisor. 

20.  To  adapt  to  the  county  the  provisions  in  this  code 
for   the   preservation   of   the   health   of   San   Francisco   or 


§  4046  BOARD   OF   SUPERVISORS.  958 

Sacramento,   for   such   limited    time    as    they    may    deem 
proper,  and  to  provide  for  the  expenses  thereof. 

21.  To  contract  for  the  county  printing,  and  provide 
books  and  stationery  for  county  officers. 

22.  At  the  adjournment  of  each  session  of  the  board  to 
cause  to  be  published  in  a  newspaper,  or  otherwise,  a  fair 
statement  of  all  their  proceedings,  and  semi-annually  a 
statement  of  the  financial  condition  of  the  county. 

23.  To  make  regulations  for  the  destruction  of  gophers, 
squirrels,  other  wild  animals,  and  noxious  weeds,  and  to 
levy  a  special  tax  of  not  exceeding  three  cents  on  each 
one  hundred  dollars  of  taxable  property,  wherewith  to  pay 
rewards  therefor.  To  make  regulations  for  the  protection 
of  game,  fish,  and  shellfish,  and  for  the  prevention  of  in- 
juries to  sheep  by  dogs,  and  to  tax  dogs,  and  direct  the 
application  of  the  tax.  When  such  regulations  are  made 
as  provided  in  this  section  relating  to  game  and  fish,  the 
laws  of  the  state  for  the  protection  thereof  are  suspended 
in  such  county. 

24.  To  make  and  enforce  such  rules  and  regulations  for 
the  government  of  their  body,  the  preservation  of  order, 
and  the  transaction  of  business,  as  may  be  necessary. 

25.  To  adopt  a  seal  for  their  board,  a  description  and 
impression  whereof  must  be  filed  by  their  clerk  in  the 
offices  of  the  county  clerk  and  secretary  of  state. 

26.  To  do  and  perform  all  other  acts  and  things  required 
by  law  not  in  this  title  enumerated,  or  which  may  be  nec- 
essary to  the  full  discharge  of  the  duties  of  the  chief 
executive  autority  of  the  county  government.  En.  March 
12,  1872.     Am'd.  1880,  96. 

Cal.  Rep.  Cit.  47,  509;  47,  510;  47,  511;  48,  320;  52,  4; 
53,  393;  56,  3;  56,  116;  63,  260;  64,  471;  65,  114;  67, 
253;  79,  379;  94,  62G;  95,  85;  99,  38;  113,  165;  117. 
616;  126,  623.  Subd.  4—137,  206.  Subd.  5—136,  654. 
Laud.  9—79,  380.  Subd.  10—79,  379.  Subd.  13—47, 
513.  Subd.  18—65,  115.  Subd.  21—53,  393;  64,  470. 
Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

Subd.  3.  Tne  powers  with  respect  to  elections  enumer- 
ated in  -jubdivision  3,  above:   See  post,  sees.  4064,  4065. 

See  post,  sec.  4409,  as  to  power  of  supervisors  over 
streets. 

Subd.  12.  Claims  against  county:  See  post,  sees.  4071, 
407G  et  seq. 


959  BOARD   OF   SUPERVISORS.  9  4047 

Subd.  14.  Equalizing  assessments:  See  ante,  sees.  3672 
et  seq. 

Licenses  and  franchises  to  collect  tolls  and  wharfage: 
See  ante,  sec.  2916  and  sec.  2524. 

Printing  and  stationery:  See  post,  sec.  4047,  note. 

Contracts  for  lighting:  See  how  entered  into:  See  Gen- 
eral Laws,  title  Contracts. 

Fixing  water  rates:  See  General  Laws,  title  Water  Com- 
panies. 

§  4047.  Power  to  direct  attendance  of  sheriff — Contempt. 
The  board  of  supervisors  shall  have  power  to  direct  the 
sheriff  to  attend  in  person,  or  by  deputy,  all  the  meetings 
of  the  board,  to  preserve  order,  serve  the  notices  or  cita- 
tions, as  directed  by  the  board.  And  the  board  shall  have 
the  same  power  to  punish  for  contempt,  by  fine  and  im- 
prisonment, as  is  now  exercised  and  allowed  by  law  to 
superior  courts  to  require  obedience  to  their  citations 
and  decorum  in  their  meetings.  En.  Stats.  1873-4,  172. 
Am'd.   1880.   23. 

Cal.  Rep.  Cit.  47,  509;  53,  394;  56,  115;  56,  116;  64;  •±a; 
67,  336;    113.   166. 

There  is  some  confusion  in  reference  to  section  4047. 
The  legislature  of  1873-4,  on  March  18,  1874  (Amendment 
1873-4,  172),  added  a  new  section  of  that  number,  and  on 
March  30,  1874  (Amendments  1873-4,  56).  added  a  second 
new  section  of  the  same  number.  The  foregoing  amend- 
ment of  1880  was  expressly  an  amendment  to  the  section 
as  adopted  on  March  18,  1874.  The  legislature  of  1877-8 
amended  section  4047,  referring  to  it  generally.  That 
amendment   is    as    follows: 

§  4047.  Contracts  for  printing,  stationery  and  supplies, 
how  made.    The  supervisors  must  contract  for: 

1.  All  county  printing; 

2.  All  books  and   stationery; 

3.  All  supplies   for   county   institutions. 

And  all  contracts  must  be  made  with  the  lowest  bidder, 
and  after  ten  days'  public  notice,  that  such  contract  will 
be  let.  The  bidding  must  be  by  sealed  proposals.  En. 
Stats.  1873-4.  56.     Am'd.  1877-8.  69. 

Compare  with  sec.  3766.  ante. 

Attendance  of  witnesses  provisions  concerning:  Post, 
sees.  4067-4069. 

See  note  to  prior  section  4047. 


§§  4048,  4049  BOARD    OF   SUPERVISORS.  1)60 

§  4048.  Funding  outstanding  indebtedness  of  counties. 
Form  of  bonds.  The  board  of  s  ipervisors  of  any  county 
having  an  outstanding  indebtedness  on  the  first  day  of 
January,  eighteen  hundred  and  eighty  evidenced  by  bonds 
or  warrants  thereof  by  a  vote  of  two-thirds  of  all  the 
members  thereof  are  empowered,  if  they  deem  it  for  the 
public  interest  to  fund  and  refund  the  same  and  issue 
bonds  of  the  county  therefor  in  sums  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  each, 
having  not  more  than  twenty  years  to  run,  and  bearing  a 
rate  of  interest  not  exceeding  seven  per  cent  per  annum, 
payable  semi-annually,  which  bonds  shall  be  substannally 

in  the  following   form:  No.   .     The   county   of  , 

in  the  state  of  California,  for  value  received,  promises  to 

pay or  order,  at  the  office  of  the  treasurer  of  said 

county,  in  ,   on  the  first  day  of  ,  18 — ,   or  at 

any  time  before  that  date,  at  the  pleasure  of  the  county, 

the  sum  of  dollars,   gold   coin   of  the   United   States, 

with  interest  at  the  rate  of  per  cent  per  annum,  pay- 
able at  the  office  of  said  treasurer,  semi-annually,  on  the 
first  days  of and  ,  in  each  year,  on  presenta- 
tion and  surrender  of  the  interest  coupons  hereto  attached. 
This  bond  is  issued  by  the  board  of  supervisors,  under  the 
provisions  of  chapter  of  the  Political  Code  of  Cali- 
fornia, and  in  conformity  with  a  resolution  of  said  board, 

dated    day     of    ,     18 — .     Seal.     In      testimony 

whereof,  the  said  county,  by  its  board  of  supervisors,  has 
caused  this  bond  to  be  signed  by  the  chairman  of  the 
board,  and  attested  by  the  auditor,  with  the  county  seal 

attached,  this  day  of  ,  18 — .    ,  chairman 

of    board    of     supervisors.     Attest:    ,    auditor.     And 

the  interest  coupon  shall  be  in  the  following  form:  $ . 

The  treasurer  of County,  California,  will  pay  to  the 

holder  hereof,  on  the  day  of ,  18 — ,  at  his  office 

in  ,  dollars,   gold  coin,  for    interest  on  county 

bond  No.  .    issued   under    provisions   of   chapter   

of  the  Political  Code'  of  California.     ,  county  auditor. 

En.  Stats.  1880,   62.    Am'd.  1881,  22. 

Cal.  Rep.  Cit.     66,  26;   75,  457. 

Funding  city   indebtedness:   See   post,    sec.    4445. 

§  4049.  Custody,  disposal,  and  account  of  bonds.  When- 
ever bonds  issued  under  this  chapter  shall  be  duly  ex- 
ecuted, numbered  consecutively  and  sealed,  they  shall  be 
delivered  to  the  county  treasurer '  and  his  receipt  taken 
therefor,  and  he  shall  stand  charged  on  his  official  bond 


9G1  BOARD   OF  SUPERVISORS.  §  WW 

with  all  bonds  delivered  to  him,  and  the  proceeds  thereof, 
and  he  shall  sell  the  same  or  exchange  them  under  the 
direction  of  the  board  of  supervisors  on  the  best  available 
terms  for  any  legal  indebtedness  of  the  county  outstanding 
on  the  first  day  of  January,  eighteen  hundred  and  eighty, 
but  in  neither  case  for  a  less  sum  than  the  face  value  of 
the  bonds  and  all  interest  accrued  on  them  at  the  date 
of  such  sale  or  exchange.  And  if  any  portion  of  the  said 
bonds  are  sold  for  money,  the  proceeds  thereof  shall  be 
applied  exclusively  for  the  payment  of  liabilities  existing 
against  the  county  at  and  before  the  date  above  named. 
When  they  are  exchanged  for  bonds  or  warrants,  or  other 
legal  evidences  of  county  indebtedness,  the  treasurer  shall 
at  once  proceed  to  cancel  the  old  bonds  and  such  other 
evidences  of  indebtedness,  by  indorsing  on  the  face  'thereof 
the  amount  for  which  they  were  received,  the  word  "can- 
celed," and  the  date  of  cancellation.  He  shall  also  keep 
a  record  of  bonds  sold  or  exchanged  by  him  by  number, 
date  of  sale,  amount,  date  of  maturity,  the  name  and  post- 
office  address  of  purchasers;  and  if  exchanged  what  evi- 
dences of  indebtedness  were  received  therefor;  which 
record  shall  be  open  at  all  times  for  inspection  by  the 
public.  Whenever  the  holder  of  any  bond  shall  sell  or 
transfer  it,  the  purchaser  shall  notify  the  treasurer  of 
such  purchase,  giving  at  the  same  time  the  number  of 
the  bond  transferred  and  his  postoffice  address;  and  every 
transfer  shall  be  noted  on  the  record.  The  treasurer  shall 
also  report,  under  oath,  to  the  board  at  each  regular 
session,  a  statement  of  all  bonds  sold  or  exchanged  by 
him  since  the  preceding  report,  and  the  date  of  such  sale 
or  exchange;  and  when  exchanged,  a  list  or  description  of 
the  county  indebtedness  exchanged  therefor,  and  the 
amount  of  accrued  interest  received  by  him  on  such  sale 
or  exchange,  which  latter  sum  shall  be  charged  to  him  as 
money  received  by  him  on  bond  fund,  and  so  entered  by 
him  on  his  books;  but  such  bond  shall  not  be  sold  or 
exchanged  for  any  indebtedness  of  the  county,  except  by 
the  approval  of  the  board  of  supervisors  of  said  county. 
No  sale  shall  be  made  of  any  such  bonds,  except  to  the 
highest  bidder,  after  advertising  bids  for  the  purchase  of 
the  same  for  not  less  than  three  weeks  in  at  least  one 
newspaper  published  in  the  county;  the  right  being  re- 
served in  such  advertisement  to  reject  any  or  all  such  bids. 
En.  Stats.  1880,  62. 

§  4050.     Assessments  for  bond  fund.     The  board  of  super- 
visors  shall   cause   to   be   assessed   and   levied   each   year 
Pol.  Code — 61 


§5  4051-4052  BOARD    OF   SUPERVISORS.  962 

upon  the  taxable  property  of  the  county,  in  addition  to  the 
levy  authorized  for  other  purposes,  a  sufficient  sum  to  pay 
the  interest  on  outstanding  bonds  issued  in  conformity 
with  the  provisions  of  this  chapter  accruing  before  the 
next  annual  levy,  and  such  proportion  of  the  principal  that 
at  the  end  of  five  years  the  sum  raised  from  such  levies 
shall  equal  at  least  twenty  per  cent  of  the  amount  of  bonds 
issued;  at  the  end  of  nine  years,  at  least  forty  per  cent 
of  the  amount;  and  at  and  before  the  date  of  maturity 
of  the  bonds,  shall  be  equal  to  the  whole  amount  of  the 
principal  and  interest;  and  the  money  arising  from  such 
levies  shall  be  known  as  the  bond  fund,  and  shall  be 
used  for  the  payment  of  bonds  and  interest  coupons,  and 
for  no  other  purpose  whatever;  and  the  treasurer  shall 
open  and  keep  in  his  books  a  separate  and  special  account 
thereof,  which  shall  at  all  times  show  the  exact  condition 
of  said  bond  fund.     En.  Stats.  1880,  63. 

§  4051.  Redemption  of  bonds.  Whenever  the  amount  in 
the  hands  of  the  treasurer  belonging  to  the  bond  fund, 
after  setting  aside  the  sum  required  to  pay  the  interest 
maturing  before  the  next  levy,  is  sufficient  to  redeem 
one  or  more  bonds,  he  shall  notify  the  owner  of  such 
bond  or  bonds,  by  advertising  in  any  newspaper  pub- 
lished in  the  county,  not  less  than  once  a  week  for 
three  successive  weeks,  and  in  some  newspaper  of  gen- 
eral circulation  published  in  the  city  of  San  Francisco, 
not  less  than  once  a  week  for  three  successive  weeks, 
that  he  is  prepared  to  pay  the  same,  with  all  interest 
accrued  thereon,  and  that  if  net  presented  for  payment 
or  redemption  within  forty  days  after  the  date  of  the 
publication  of  such  notice,  the  interest  on  such  bond  shall 
cease,  and  the  amount  due  thereon  shall  be  set  aside  for 
its  payment  whenever  presented.  If  said  bonds  are  not 
so  presented  interest  shall  cease,  and  the  amount  due  be 
set  aside  as  specified  in  said  advertisement.  All  redemp- 
tions shall  be  made  in  the  exact  order  of  their  issuance, 
beginning  at  the  lowest  or  first  number,  and  the  notice 
herein  required  shall  be  directed  to  the  postoffice  address 
of  the  owner,  as  shown  by  the  record  kept  in  the  treas- 
urer's office.     En.  Stats.  1880,  G4. 

§  4052.  Proceedings  on  failure  to  levy  tax.  If  the  board 
of  supervisors  of  any  county  which  has  issued  bonds  under 
the  provisions  of  this  chapter,  shall  fail  to  make  the  levy 
necessary  to  pay  such  bonds,  or  interest  coupons,  at  ma- 


963  BOARD    OF    SUPERVISORS.  5  4052 

tnrity,  and  the  same  shall  have  been  presented  to  the 
county  treasurer,  and  the  payment  thereof  refused,  the 
owner  may  file  the  bond,  together  v/ith  all  unpaid  coupons, 
with  the  state  controller,  taking  his  receipt  therefor,  and 
the  same  shall  be  registered  in  the  state  controller's  office: 
and  the  state  board  of  equalization  shall,  at  their  next 
session,  and  at  each  annual  equalization  thereafter,  add 
to  the  state  tax  to  be  levied  in  said  county  a  sufficient 
rate  to  realize  the  amount  of  principal  or  interest  past  due. 
and  to  become  due,  prior  to  next  levy,  and  the  same  shall 
be  levied  and  collected  as  a  part  of  the  state  tax,  and 
paid  into  the  state  treasury,  and  passed  to  the  special  credit 
of  such  county  as  bond  tax,  and  shall  be  paid  by  warrants. 
as  the  payments  mature,  to  the  holder  of  such  registered 
obligations,  as  shown  by  the  register  in  the  office  of  the 
state  controller,  until  the  same  shall  be  fully  satisfied  and 
discharged;  any  balance  then  remaining  being  passed  to 
the  general  account  and  credit  of  said  county.  En.  Stats. 
1880,  64. 
Cal.  Rep.  Cit.     75,  457. 

ARTICLE  III. 

OTHER    POWERS    AND    RESTRICTIONS. 

§  4064.  Board  to  provide  appliances  for  liolding  elections,  and  allow 
expenses. 

§  4065.     Certificates  issued,   as  board   of   canvassers. 

§  406G.     Appointments   to   vacancies   must   be   made   on   petition. 

§  4067.     Power   to  require  attendance   of  witnesses. 

§  406S.     Examination    of    witnesses. 

§  4CK)9.     Ufficei  s   and   witnesses   not   to   be   prepaid. 

§  4070.    When  board   must  not  contract  debts  or  allow  further  accounts. 

§  4071.     Claims  of   officer.3.     Opposition   to  claims  against   county. 

§  4072.  Account,  mode  jf  making  out,  and  limit  of  time  for  presenta- 
tion. 

§  41173.     Account  must  be   filed  one  day  prior  to  session. 

§  4074.    What    claims    to    be    rejected.     Proceedings   on    part    allowance. 

§  4075.  Dissatisfied  claimant  may  sue,  within  limite'd  time.  Costs  on 
recovery. 

§  4076.     What  warrants  must  specify;   order  of  payment. 

I  4077.     In   what  transaction   supervisors  not  to  be   Interested. 

§  4078.  Transfer  of  application,  when  majority  of  board  not  disin- 
terested. 

§  4079.    Notices,    how  given. 

§  40SO.     Board    to   provide   for  cultivating  shade   and   ornamental   trees. 

I  40S1.     To   require   assessors   to   report   statistics. 

§  4082.     Claims   in   favor   of   supervisors. 

§  4083.  Statement  of  county  indebtedness,  assets  and  rate  of  taxation. 
(Repealed.) 

§  40S4'.  To  receive  and  ajpiy  donations  of  land,  etc.,  for  specific  pur- 
poses. 

5  4085.    To  improve  streams  not  navigable. 

§  4086.     Penalty   and    damages   recoverable   on   official   bond. 

8  4087.     Chapter  does  not  apply  to  San  Francisco. 


§§  4064-4068  BOARD   OF   SUPERVISORS.  >M 

§  4064.  Board  to  provide  appliances  for  liolding  elec- 
tions, and  allow  expenses.  The  board  must  provide  all 
poll  lists,  poll  hooks,  blank  returns  and  certificates,  procla- 
mations of  elections,  and  other  appropriate  and  necessary 
appliances  for  holding  all  elections  in  the  county,  and 
allow  reasonable  charges  therefor,  and  for  the  transmis- 
sion and  return  of  the  same  to  the  proper  officers.  En. 
March  12,  1872. 

§  4065.     Certificates     issued,     as     board     of    canvassers. 

Whenever,  as  canvassers,  the  board  of  supervisors  have 
declared  the  result  of  an  election  held  in  the  county,  cer- 
tificates must  be  by  their  clerk  issued  to  all  persons 
elected  to  a  county  office  or  to  a  township  or  district  office 
therein,  and  such  other  certificates  must  be  made  out 
and  transrhitted  as  required  by  the  title  relative  to  "Elec- 
tions."    En.  March  12,  1872. 

§  4066.  Appointnnents  to  vacancies  must  me  made  on 
petition.  No  appointment  to  fill  a  vacancy  in  office  must 
be  made  by  the  board  except  upon  petition,  signed  by  at 
least  thirty  qualified  electors  of  the  county,  if  for  a 
county  office,  or  by  not  less  than  fifteen  of  the  qualified 
electoi's  of  the  township  or  district,  if  for  a.  township  or 
district  office.     En.  March  12,  1872. 

Cal.  Rep.  Clt.     55,  375;  63,  260. 

§  4067.     Powers  to  require  attendance  of  witnesses.     The 

board  may,  by  their  chairman  or  the  chairman  of  any  com- 
mittee, issue  subpoenas  to  compel  the  attendance  of  any 
person  and  the  pro'duction  of  anj^  books  or  papers  relating 
to  the  affairs  of  the  county,  for  the  purpose  of  examination 
upon  any  matter  within  their  jurisdiction.  En.  March  12, 
1872. 

§  4068.  Examination  of  witnesses.  A  witness  is  bound 
lo  attend,  when  served,  and  to  answer  all  questions  which 
he  would  be  bound  to  answer  in  the  same  case  before  a 
court  of  justice.  Disobedience  to  the  subpoena,  or  to  an 
order  to  attend,  or  to  testify,  may  be  enforced  by  the  board, 
and  for  that  purpose  the  board  has  all  the  powers  con- 
ferred by,  and  the  witness  is  subject  to  all  the  provisions 
of,  chapter  II,  title  III,  part  IV,  of  the  Code  of  Civil  Pro- 
cedure.    En.  March  12,  1872. 

Provisions  of  Code  of  Civil  Procedure:  Sees.  1985-1997. 


985  BOARD   OF  SUPERVISORS.  S5  4069-4072 

§  4069.     Officers     and     witnesses      not     to     be     prepaid. 

Neither  the  officers  serving  subpoenas  nor  the  witnesses 
subpoenaed  to  testify  in  relation  to  matters  of  public  con- 
cern before  the  board  of  supervisors  are  entitled  to  have 
their  fees  prepaid,  but  ofiicers  must  serve  the  subpoenas 
and  witnesses  must  attend  without  their  fees  being  prepaid. 
The  board  must  allow  them  reasonable  compensation  for 
services  and  attendance.    En.  March  12,  1872. 

§  4070.  When  board  must  not  contract  debts  or  allow 
further  accounts.  The  board  must  not  for  any  purpose 
contract  debts  or  liabilities,  except  in  pursuance  of  law, 
or  under  ordinances  of  their  own,  adopted  in  accordance 
with  the  powers  herein  conferred;  and  whenever  debts 
and  liabilities  have  been  created  which,  added  to  the  sal- 
aries of  county  oflBcers  and  other  estimated  liabilities  fixed 
by  law  for  the  remainder  of  the  year,  equal  in  the  aggre- 
gate the  revenue  of  the  county  for  current  expenses,  no 
further  allowance  of  any  accounts  must  be  made.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     47,  512;  51,  37. 

Loaning  credit  or  borrowing  money,  restrictions  on  pow- 
ers of  county:  Ante,  sees.  4004-4005. 

§  4071.  Claims  of  officers.  Opposition  to  claims  against 
county.  No  county  oflScer  shall,  except  for  his  own  service, 
present  any  claim,  account,  or  demand  for  allowance 
against  the  county,  nor  in  any  way  advocate  the  relief 
asked  on  the  claim  or  demand  made  by  another.  Any 
citizen  and  taxpayer  of  the  county  in  which  he  resides 
may  appear  before  the  board  and  oppose  the  allowance 
of  any  claim  or  demand  made  against  the  county.  En. 
March  12,  1872.     Am'd.  1875-6,  65. 

§  4072.  Account,  mode  of  making  out,  and  limit  of  time 
for  presentation.  The  board  of  supervisors  must  not  hear 
or  consider  any  claim  in  favor  of  an  individual  against 
the  county  unless  an  account  properly  made  out,  giving  all 
items  of  the  claim,  duly  verified  as  to  its  correctness,  and 
that  the  amount  claimed  is  justly  due,  is  presented  to  the 
board  within  a  year  after  the  last  item  of  the  account 
accrued.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     47,  508;  52,  351;  60,  165;  66,  77. 

Claim  presented  by  member  of  board:  Post,  sec.  4082. 


§§  4073-4077  BOARD    OF   SUPERVISORS.  »6ti 

§  4073.     Account  must  be  filed  one  day  prior  to  session. 

No  account  must  be  necessarily  passed  upon  by  the  board 
unless  made  out  as  prescribed  in  the  preceding  section 
and  filed  by  the  clerk  at  least  one  day  prior  to  the  session 
at  which  it  is  asked  to  be  heard.     En.  March  12,  1872. 

§  4074.  What  claims  to  be  rejected.  Proceedings  on 
part  allowance.  When  the  board  finds  that  any  claim  pre- 
sented is  not  payable  by  the  county,  or  is  not  a  proper 
county  charge,  it  must  be  rejected;  if  they  find  it  to  be  a . 
proper  county  charge,  but  greater  in  amount  than  is  justly 
due,  the  board  may  allow  the  claim  in  part,  and  draw  a 
warrant  for  the  portion  allowed,  on  the  claimant  filing  a 
receipt  in  full  for  his  account.  If  the  claimant  is  unwill- 
ing to  receive  such  amount  in  full  payment  the  claim  may 
be  again  considered  at  the  next  regular  succeeding  session 
of  the  board,  but  not  afterward.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     67,  336. 

§  4075.  Dissatisfied  claimant  may  sue,  within  limited 
time.  Costs  on  recovery.  A  claimant  dissatisfied  with  the 
rejection  of  his  claim  or  demand,  or  with  the  amount 
allowed  him  on  his  account,  may  sue  the  county  therefor 
at  any  time  within  six  months  after  the  final  action  of 
the  board,  but  not  afterward;  and  if  in  such  action  judg- 
ment is  recovered  for  more  than  the  board  allowed,  on 
presentation  of  the  judgment  the  board  must  allow  and 
pay  the  same,  together  with  the  costs  adjudged;  but  if 
no  more  is  recovered  than  the  board  allowed,  the  board 
must  pay  the  claimant  no  more  than  was  originally  al- 
lowed.    En.  March  12.  1872. 

Cal.  Rep.  Cit.     67,  336. 

§  4076.     What  warrants  must  specify;  order  of  payment. 

Warrants  drawn  by  order  of  the  supervisors  on  the  county 
treasury  for  the  current  expenses  during  each  year,  must 
specify  the  liability  for  which  they  are  drawn,  and  when 
they  accrued,  and  must  be  paid  in  the  order  of  presentation 
to  the  treasurer.  If  the  fund  is  insufficient  to  pay  any 
warrant,  it  must  be  registered,  and  thereafter  paid  in  the 
order  of  its  registration.  En.  March  12,  1872. 
Cal.  Rep.  Cit.     47,  508. 

§  4077.  In  what  transaction  supervisors  not  to  be  in- 
terested.   No   member  of  the   board   must  be   interested, 


967  BOARD   OF  SUPERVISORS.  55  4078-4080 

directly  or  indirectly,  in  any  property  purchased  for  the 
use  of  the  county,  nor  in  any  purchase  or  sale  of  property 
belonging  to  the  county,  no  in  any  contract  made  by  the 
board  or  other  person  on  behalf  of  the  county,  for  the 
erection  of  public  buildings,  the  opening  or  improvement 
of  roads,  or  the  building  of  bridges,  or  for  other  purposes. 
En.  March  12,  1872. 

Prohibitions  applicable  to  certain  officers:  Ante,  sees. 
920-926.  Not  to  be  interested  in  any  contract  made  by 
them  in  their  official  capacity:  Ante,  sec.  920. 

§  4078.  Transfer  of  application,  wlien  majority  of  board 
not  disinterested.  Whenever  an  application  is  made  to  the 
board  for  an  order,  franchise,  or  license  relating  to  any 
toll  road,  bridge,  ferry,  wharf,  chute,  pier,  or  other  subject 
over  which  the  board  has  jurisdiction,  in  which  a  majority 
of  the  board  are  not  disinterested,  the  application,  by 
order  of  the  board,  must  be  transferred  to  the  board  of 
supervisors  of  an  adjoining  county;  the  clerk  of  the  board 
must  thereupon  certify  the  application  and  all  orders  and 
papers  relating  thereto  to  the  board  to  which  the  transfer 
is  ordered;  and  thereafter  the  board  to  which  the  same 
is  certified  has  full  jurisdiction  to  hear  and  determine 
the  application.     En.  March  12,  1872.     Am'd.  1880,  23. 

Toll  road,  bridge,  ferry,  etc.    See  ante,  sees.  2779-2921. 

Power  of  board,  generally,  over  toll  franchises  and 
licenses:   Ante,  sec.  4046,  subd.  17. 

Interested  supervisors  not  to  act  on  toll  matters:  Ante, 
sec.  2852. 

§  4079.  Notices,  how  given.  All  public  notices  of  pro- 
ceedings of  or  to  be  had  before  the  board,  not  otherwise 
specially  provided  for,  must  be  posted  at  the  courthouse 
door,  and  in  each  election  precinct  in  the  county.  En. 
March  12,  1872.     Am'd.  1873-4,  56. 

§  4080.  Board  to  provide  for  cultivating  shade  and  orna- 
mental trees.  The  board,  under  such  regulations  as  th^y 
may  adopt,  may  provide  for  the  purchase,  planting,  culti- 
vation, care  and  preservation  of  not  less  than  two  hun- 
dred and  fifty  (250)  shade  and  ornamental  trees,  each  year, 
on  the  public  roads  and  highways  of  the  county,  and  the 
cost  of  such  purchase,  planting,  cultivation,  care,  and  pres- 
ervation shall  be  charged  to  the  same  fund  which  was  used 
in  the  acquisition  and  construction  of  the  road  along  which 


§§  4081-4085  BOARD    OF    SUPERVISORS.  968 

the  trees  are  planted.  En.  March  12,  1872.  Rep.  1880,  100. 
Am'd.  1905,  115. 

The  repealing  act  of  1880  was  declared  unconstitutional: 
See  sec.  4000,  note. 

§  4081.     To   require  assessors  to   report  statistics.     The 

board  must  require  assessors  to  report  to  the  surveyor- 
general  annually  a  true  statement  of  the  agricultural  and 
industrial  pusuits  and  products  of  the  county,  with  such 
other  statistical  information  as  they  may  by  ordinance 
direct,  and  enforce  obedience  of  the  assessor  thereto  by 
deducting  such  proportion  of  his  compensation  as  assessor 
as  to  them  may  seem  appropriate,  for  a  failure  to  comply 
with  the  order.     En.  March  12,  1872. 

§  4082.  Claims  in  favor  of  supervisors.  All  claims 
against  the  county  presented  by  members  of  the  board  of 
supervisors  for  per  diem  and  mileage  or  other  service 
rendered  by  them,  must  be  verified  as  other  claims,  and 
must  state  that  the  service  has  been  actually  rendered. 
En.  March  12,  1872. 

Verified  as  other  claims:   See  ante,  sec.  4072. 

§  4083.  Statement  of  county  indebtedness,  assets  and 
rate  of  taxation.  (Repealed.)  En.  March  12,  1872.  Am'd. 
1877-8,  66.     Rep.  1897,  436. 

§  4084.  To  receive  and  apply  donations  of  land,  etc.,  for 
specific  purposes.  The  board  must  receive  from  the  United 
States  or  other  sources  lands  and  other  property  granted 
or  donated  to  the  county  for  the  purpose  of  aiding  in  the 
erection  of  county  buildings,  roads,  bridges,  or  other 
specific  purposes,  and  may  use  the  same  therefor,  and  may 
provide  for  the  sale  of  the  same  and  the  application  of 
the  proceeds  thereof.     En.  March  12,  1872. 

§  4085.     To  improve  streams  not  navigable.    The  board 

may  provide  for  widening,  deepening,  straightening,  re- 
moving obstructions  from,  and  otherwise  improving  all 
streams  within  the  county  for  use  as  public  highways  for 
rafting  and  floating  lumber,  and  also  protecting  the  banks 
and  adjacent  lands  from  overflow  of  such  streams,  when 
the  same  are  not  declared  hy  law  to  bo,  and  in  fact  are  not, 
navigable  for  commercial  purposes,  and  provide  regulations 
for  the  use,  repair,  and  control  thereof;  but  no  regulations 
of  the  board,  nor  improvements  directed,  must  in  any 
manner  interfere  with  the  private  rights  or  privileges  of 


969  BOARD   OF   SUPERVISORS.  §§  40S«,  4Ub;7 

riparian  owners,  miners,  or  others.     En.   March   12,   1872. 
Am'd.   1893,   111. 

Floating    lumber:   Ante,    sec.    2389. 

Navigable  streams:   Ante,  sec.  2348. 

§  4086.  Penalty  and  damages  recoverable  on  official 
bond.  Any  supervisor  who  neglects  or  refuses  to  perform 
any  duty  imposed  on  him,  without  just  cause  therefor,  or 
who  willfully  violates  any  law  provided  for  his  govern- 
ment as  such  officer,  or  fraudulently  or  corruptly  performs 
any  dutj^  imposed  on  him.  or  willfully,  fraudulently,  or 
corruptly  attempts  io  perform  an  act  as  supervisor,  un- 
authorized by  law,  in  addition  to  the  penalty  provided  in 
the  Penal  Code,  forfeits  to  the  county  five  hundred  dollars 
for  every  such  act,  to  be  recovered  in  his  official  bond,  and 
is  further  liable  on  his  official  bond  to  any  person  injured 
thereby  for  all  damages  sustained.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     62,  181;   72,  519;   72,  522. 

§  4087.  Chapter  does  not  apply  to  San  Francisco.  This 
chapter  does  not  apply  to  the  city  and  county  of  San 
Francisco.     En.  March  12,  1872.     Am'd.  1880,  100. 

Cal.  Rep.  Cit.     53,  705;   56,  3;   66,  77. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section,  in  force  inserted  above. 

CHAPTER  III. 

COUNTY    OFFICERS. 

Article    I.  General    Provisions,    §§    4101-4124. 

II.  County  Judge,    §   4134. 

III.  County    Treasurer,    §§    4144-4165. 

IV.  Sheriff.    §§   4175-4193. 

V.     County    Clerk,    §§    4204,    4205. 

VI.     County    Auditor,    §§    4215-4224. 

VII.     County    Recorder,    §§    4234-4246. 

VIII.     District    Attorney.    §§    4256-4259. 

IX.     County    Surveyor,    §§    426S-4275. 

X.     Coroner,    §§    42S5-4290. 

XI.     Assessors,   Tax  Collectors,   School  Superintendent,   Public  Ad- 
ministrator,   and    Commissioner   of   Highways,    §§    4300-4304. 
XII.     Constables,    Justices   of   the   Peace,    and   Inferior   Officers,    §§ 
4314-4316. 

ARTICLE   I. 

GENERAL  PROVISIONS. 

§  41IU.  Qualifications   for   county   office. 

§  4102.  Same  for  district  and   township  offices. 

§  4103.  County   otiicers  enumerated. 

§  4104.  Township   officers. 

§  4105.  Offices   united    and   consolidated. 

§  4106.  Consolidation    of   offices   by    the   board. 


§§  4101-4103  COUNTY    OFFICERS.  iffO 

§  4107.  Proceedings  on  oiTission  to  consolidate  and  advertise  the  con- 
solidation. 

§  410S.     Oath.    bonJ,    and   compensation    of   consolidated    otBces. 

§  4109.     County   and   other  officers,    when   elected,   and   term   of   office. 

§  4110.  County  judges  and  justices  of  peace;  election  and  term  or 
office. 

§  4111.     Supervisors,    when    elected.     vRepealed.) 

§  4112.  County  and  township  officers  may  generally  appoint  deputies 
at   discretion. 

§  4113.    Mode  of  making  appointments  of  assistants. 

§  4114.     Official  mention    of  principal  officer  includes   deputies. 

§  41 1.5.     Vacancies,   how  filled. 

§  4116.  What  offi.ces  to  be  kept  open  at  county  seat.  County  judge  and 
his    chambers. 

§  4117.     Civil   penalty   for   misconduct    in   office  attaches    to   official    bond. 

§  4118.     County   officers   maj-   administer   oaths. 

§  4119.     Certain   officers   must   reside    at  county   seat. 

§  4120.    Absence    of   county    officers    from   state. 

§  4121.     Certain   officers   prohibited  from  practicing   law,    etc. 

§  4122.     Official  bonds  classified,   and  amounts  thereof. 

§  4123.    y^'hen  amount  of  bond  is  not  fixed  by  law. 

§  4124.     Other  provisions   relating   to  county   officers. 

§  4101.  Qualifications  for  county  office.  No  person  -s 
eligible  to  a  county  office  who  at  the  time  of  his  election 
is  not  of  the  age  of  twenty-one  years,  a  citizen  of  the 
state,  and  an  elector  of  the  county  in  which  the  duties 
of  the  office  are  to  be  exercised.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     142,  588. 

Majority  and  citizenship  as  qualifications  for  civil  office: 
See  ante,  sec.  841. 

Elector  defined:   Sec.  59,  ante. 

§.  4102.  Same  for  district  and  township  offices.  No  per- 
son is  eligible  to  a  district  or  township  office  who  is  not 
of  the  age  of  twenty-one  y^ars,  a  citizen  of  the  state,  and 
an  elector  of  the  district  or  township  in  which  the  duties 
of  the  office  are  to  be  exercised  or  for  which  he  is  elected. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     79,  473. 

§  4103.  County  officers  enumerated.  The  officers  of  a 
county  are:  A  county  judge,  a  treasurer,  a  county  clerk, 
an  auditor,  a  sheriff,  a  tax  collector,  a  district  attorney, 
a  recorder,  an  assessor,  a  surveyor,  a  school  superintend- 
ent, a  coroner,  a  public  administrator,  a  board  of  super- 
visors, anu,  in  counties  of  the  first  class,  for  highway 
purpose.s,  a  commissioner  of  highways.  En.  March  12, 
1872.     Am'd.   1880,   100. 


971  COUNTY    OFFICERS.  S8  4104-410? 

Amendment    1880    declared    unconstitutional:     See    sec. 
4000.   note.     Section   in   force  inserted   above. 
Cal.  Rep.  Cit.     56,  3;    56,  465;    67,  117;    112,  71;    127,  161; 
128,  420;  146,  592. 

§  4104.  Township  officers.  The  officers  of  townships 
are:  Two  justices  of  the  peace,  two  constables,  and  such 
other  inferior  and  subordinate  officers  as  are  provided 
for  elsewhere  in  this  code,  or  by  the  board  of  supervisors. 
En.  March  12,  1872.     Am'd.  1880,  100. 

Cal.  Rep.  Cit.     56,  3. 

Amendment  of  1880  declared  unconsu^uiional:  See  sec. 
4000,  note.     Section  in  force  inserted  above. 

§  4105.     Officers    united    and    consolidated.     In    all    the 

counties  of  the  third  class; 

1.  The  county  clerk  shall  be  ex-offlcio  auditor  and  re- 
corder; 

2.  The  sheriff  shall  be  ex-officio  tax  collector;  and, 

3.  The  coroner  shall  be  ex-officio  public  administrator. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     56,  4;   69,  531. 

§  4106.  Consolidation  of  offices  by  the  board.  By  an 
ordinance  adopted,  recorded  and  published  at  least  three 
months  prior  to  a  general  election  at  which  county  officers 
are  to  be  elected,  the  boards  of  supervisors  of  counties  of 
the  second  class  may  unite  and  consolidate  certain  offices 
by  declaring  that: 

1.  The  recorder  elected  shall  be  ex-officio  auditor; 

2.  The  county  clerk  elected  shall  be  ex-officio  auditor 
and  recorder; 

3.  The  sheriff  elected  shall  be  ex-officio  tax  collector; 
and, 

4.  The  coroner  elected  shall  be  ex-officio  public  admin- 
istrator.   En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  311;  5G,  4;   64,  92;  65,  113. 

§  4107.  Procedings  on  omission  to  consolidate  and  ad- 
vertise, the  consolidation.  When  there  is  an  omission  by 
the  board  of  supervisors  to  consolidate  and  to  advertise 
the  consolidation  of  offices  as    in    the    preceding    section 


§§  4108,  4109  COUNTY    OFFICERS.  »T3 

authorized,  each  office  not  so  consolidated  must  be  filled 
by  an  election.     En.  March  12,  1872. 
Cal.  itep.  Cit.     52,  311;   52,  312;   64,  92. 

§  4108.  Oath,  bond,  and  compensation  of  consolidated 
offices.  When  offices  are  united  and  consolidated  either 
by  the  code  or  by  order  of  the  supervisors,  the  person 
elected  to  fill  the  offices  so  united  and  consolidated  must 
take  the  oath  and  give  the  bond  required  for  each,  dis- 
charge all  the  duties  pertaining  to  each,  and  receive  the 
compensation  affixed  to  the  offices.     En.  March  12,  j.a72. 

Cal.  Rep.  Cit.     68,  514. 

§  4109.  County  and  other  officers,  when  elected,  and 
term  of  office.  All  elective  county,  city  and  county,  and 
township  officers,  except  superior  court  judges,  superin- 
tendents of  schools,  and  assessors,  shall  be  elected  at 
the  general  election  to  be  held  in  the  year  eighteen  hv.n 
dred  and  eighty-two,  and  at  the  general  election  to 
held  every  second  year  thereafter,  and  shall  take  office 
on  the  first  Monday  after  the  first  day  of  January  next 
succeeding  their  election,  and  shall  hold  ottice  for  two 
years.  The  years  that  said  officers  are  to  hold  office  are 
to  be  computed  respectively  from  and  including  the  first 
Monday  after  the  first  day  of  January  of  any  one  year 
to  and  excluding  the  first  Monday  after  the  first  day  of 
January  of  the  next  succeeding  year;  provided,  that  all 
supervisors  and  justices  of  the  peace  shall  take  office  on 
the  first  Monday  after  the  first  day  of  January  next  suc- 
ceeding their  election,  and  shall  hold  office  for  two  years. 
The  years  during  which  a  supervisor  and  justice  of  the 
peace  is  to  hold  office  are  to  be  computed  respectively 
from  and  including  the  first  Monday  of  January  of  any 
one  year  to  and  excluding  the  first  Monday  of  January 
next  succeeding.  Assessors  of  every  county,  and  of 
every  city  and  county,  shall  be  elected  at  the  general 
election  t^  be  held  on  the  first  Tuesday  after  the  first  Mon- 
day in  November,  eighteen  hundred  and  eighty-two,  and 
at  the  general  election  to  be  held  every  four  years,  there- 
after, and  shall  hold  office  for  the  term  of  four  years  from 
and  after  the  first  Monday  after  the  first  day  of  January 
next  succeeding  their  election.  En.  March  12,  1872. 
Am'd.  1873-4,  173;    1880,  100;    1881,  73. 

Cal.  Rep.  Cit.     56,  3;    56,  105;    58,  565;    61,  324;    62,  563; 
62,  567;    62,   569;    62,   571;    62,  572;    62,  573;    62,  574; 


973  COUNTY   OFFICERS.  §5  4110-4115 

67,  117;  114,  322;  114,  329;  114,  335;  116,  112;  116,  113; 
126,  393. 

§  4110.  County  judges  and  justices  of  peace;  election 
and  term  of  office.  The  election  and  terms  of  ofRce  of 
county  judges  and  justices  of  the  peace  are  provided  for 
in  title  I  of  the  Code  of  Civil  Procedure.  En.  March  12, 
1872.     Rep.   1880,   101.     [See  note   below.] 

Cal.  Rep.  Cit.     56,  4. 

Repealing  act  of  1880  was  declared  unconstitutional:  See 
sec.  4000,  note.     Section  in  force  inserted  above. 

§  4111.    Supervisors,    when    elected.     (Repealed.)       En. 
March  12,  1872.     Rep.  1880,  101;    1881,  73. 
Cal.  Rep.  Cit.     56,  4;  56,  105;  58,  565;  62,  563. 

§  4112.  County  and  township  officers  may  generally  ap- 
point deputies  at  discretion.  Every  county  and  township 
officer,  except  county  judge,  supervisor,  and  justice  of  the 
peace,  may  appoint  as  many  deputies  as  may  be  necessary 
for  the  faithful  and  prompt  discharge  of  the  duties  of  his 
office.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     64,  220;   77,  48;   102,  251;   107,  232. 

Deputies'  powers,  duties,  etc.:  Ante,  sec.  865.  Official 
bond  may  be  required  from,  by  party  appointing:  Sec. 
985.  Appointing:  Ante,  sec.  876.  Aliens,  pronibition  of 
appointment  of  certain:    Stats.   1880,  p.  23. 

§  4113.     Mode    of    making    appointments    of    assistants. 

The  appointment  of  deputies,  clerks,  and  subordinate  offi- 
cers of  counties,  districts,  and  townships  must  be  made 
in  writing,  and  filed  in  the  office  of  the  county  clerk.  En. 
March  12,  1872. 

§  4114.  Official  mention  of  principal  officer  includes 
deputies.  Whenever  the  official  name  of  any  principal 
officer  is  used  in  any  law  conferring  power,  imposing 
duties  or  liabilities,  it  includes  his  deputies.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     77,  47. 

§  4115.  Vacancies,  how  filled.  A  vacancy  in  the  office 
of  county  judge  is  filled  by  an  appointee  of  the  governor. 
All    other   vacancies   in    county    and    township   offices   are 


§  4116  COUNTY   OFFICERS.  W4 

filled  by  appointments  made  by  the  board  of  supervisors. 
Appointees  hold  until  the  vacancies  are  filled  by  election. 
En.  March  12,  1872.     Am'd.  1880,  101. 

Cal.  Rep.  Cit.     56,  3;    60,  289;  *67,  13. 

Amendment  of  1880  declared  unconstitutional:  See  sec. 
4000,   note.     Section   in   force   inserted   above. 

Vacancies  generally:  Ante,  sees.  996,  997,  1004.  In 
board  of  supervisors:   Ante,  sec.  4026. 

§  4116.  What  offices  to  be  kept  open  at  county  seat. 
County  judge  and  his  chambers.  Sheriffs,  clerks,  record- 
ers, treasurers,  and  auditors  must  have  their  offices  at  the 
county  seat,  in  the  courthouse,  hall  of  records,  jail  or  other 
buildings,  provided  by  the  county  through  the  board  of 
supervisors,  and  keep  them  open  for  the  transaction  of 
business  continuously  from  nine  o'clock  A.  M.  until  five 
o'clock  P.  M.  every  day  in  the  year  except  Sundays  and 
holidays.  And  the  words  "transaction  of  business"  as 
used  herein  shall  be  construed  to  mean  that  during  the 
said  hours  named  there  shall  be  present  in  said  office  at 
least  one  person  qualified  and  prepared  to  transact  the 
business  that  may  properly  come  into  said  office.  The 
auditor  shall  not  draw  his  warrant  for  the  salary  of  any 
such  officer  for  any  month  until  the  latter  shall  first  have 
presented  him  with  an  affidavit  setting  forth  that  he  has 
complied  with  the  provisions  of  this  section,  and  the  mak- 
ing of  a  false  affidavit  by  any  of  said  officers  shall  subject 
the  party  making  the  same  to  prosecution  for  the  crime  of 
perjury  and  to  be  punished  for  the  same.  The  affidavit 
required  herein  of  the  auditor  shall  be  filed  with  the 
county  clerk  and  be  and  remain  a  record  of  the  office  of 
said  clerk;  and  the  affidavits  of  the  other  officers  required 
herein  shall  be  filed  with  the  county  auditor  and  be  and 
remain  a  record  of  his  office,  provided  that  if  any  of  the 
officers  named  herein  are  absent  from  their  office  on  official 
business  they  shall  be  excused  from  attendance  at  their 
said  respective  offices  during  the  time  they  are  so  absent 
on  such  business,  and  provided  further,  that  in  all  cases 
where  any  officer  named  herein  has  no  regularly  appointed 
deputy  he  shall  be  permitted  to  close  his  office  during  the 
hour  from  twelve  o'clock  noon  to  and  until  two  o'clock 
P.  M.  Ihe  judges  of  the  superior  court  must  have  cham- 
bers at  the  county  seat  and  must  establish  such  rules  and 
hours  for  official  business  as  may  be  necesary  for  the  dis- 


975  COUNTY   OFFICERS.  SS  4U7-4121 

patch  thereof.  En.  March  12,  1872.  Am'd.  1880,  101;  1905, 
246. 

Cal.  Rep.  Cit.     56,  3. 

Amendment  of  1880  declared  unconstitutional:  See  sec. 
4000,  note. 

§  4117.  Civil  penalty  for  misconduct  in  office  attaches 
to  official  bond.  Whenever,  except  in  criminal  prosecu- 
tions, any  special  penalty,  forfeiture,  or  liability  is  im- 
posed on  any  officer  for  non-performance  or  mal-perform- 
ance  of  official  duty,  the  liability  therefor  attaches  to  the 
official  bond  of  such  officer,  and  to  the  principal  and  sure- 
ties thereon.     En.  March  12,  1872. 

Official  bonds:   Ante,  sees.  947-987. 

§  4118.  County  officers  may  administer  oaths.  Every 
officer  mentioned  in  section  four  thousand  one  hundred 
and  three,  and  every  justice  of  the  peace,  may  administer 
and  certify  oaths.     En.  March  12.  1872. 

Cal.  Rep.  Cit.     56,  465;   128,  420. 

Administration  of  oaths  and  affirmations:  Code  Civ. 
Proc,  sees.  2093-2097. 

§  4119.     Certain    officers    must     retide     at   county    seat. 

The  following  officers  must  reside  at  the  county  seat  of 
their  respective  counties:  The  county  judge,  the  treasurer, 
the  county  clerk,  the  auditor,  the  sheriff,  the  tax  collector, 
the  district  attorney,  the  recorder.  En.  March  12,  1872. 
Am'd.  1880,  101. 

Cal.  Rep.  Cit.     47,  130;  56,  3. 

Amendment  of  1880  declared  unconstitutional:  See  sec. 
4000,  note.     Section  in  force  inserted  above. 

§  4120.  Absence  of  county  officers  from  state.  A  county 
officer  shall,  in  no  case,  absent  himself  from  the  state 
for  a  period  of  more  than  sixty  days,  and  for  no  period 
without  the  consent  of  the  board  of  supervisors  of  his 
county.     En.  March  12,  1872.     Am'd.  1873-4,  174;  1875-6,  65. 

Cal.  Rep.  Cit.     100,  539;  100,  540. 

Absence  of  judicial  officer:   Const.  Cal.,  art.  VI,  sec.  9. 

§  4121.  Certain  officers  prohibited  from  practicing  law, 
etc.  Sheriffs,  clerks  and  constables  and  their  deputies  are 
prohibited  from  practicing  law  or  acting  as  attorneys  or 


§  4122  COUNTY   OFFICERS.  W« 

counselors  at  law,  or  having  as  a  partner  a  lawj'er  or  any 
one  who  acts  as  such.     En.  March  12,  1872. 

§  4122.  Official  bonds  classified,  and  amounts  thereof. 
County  officers  must  execute  official  bonds  corresponding 
to  the  class  of  the  county  of  which  they  are  officers,  in 
the  following  amounts: 

First — Sheriffs,  first  class,  sixty  thousand  dollars;  sec- 
ond class,  twenty-five  thousand  dollars;  third  class,  ten 
thousand  dollars. 

Second — ^Clerks,  first  class,  twenty-five  thousand  dollars; 
second  class,  fifteen  thousand  dollars;  third  class,  six 
thousand  dollars. 

Third^Auditors,    first     class,    twenty    thousand     dollars; 
second  class,  ten  thousand  dollars;   third  class,  two  thou- 
■•  sand  dollars. 

Fourth — Treasurers,  first  class,  one  hundred  thousand 
dollars;  second  class,  eighty  thousand  dollars;  third  class, 
sixty  thousand  dollars. 

Fifth — Recorders,  first  class,  ten  thousand  dollars;  sec- 
ond class,  five  thousand  dollars;  third  class,  two  thousand 
dollars. 

Sixth — District  attorneys,  first  class,  fifteen  thousand 
dollars;  second  class,  ten  thousand  'dollars;  third  class, 
two  thousand  dollars. 

Seventh — Assessors,  first  class,  twenty  thousand  dollars; 
second  class,  ten  thousand  dollars;  third  class,  three 
thousand  dollars. 

Eighth — Tax  collectors,  first  class,  fifty  thousand  dollars; 
second  class,  thirty  thousand  dollars;  third  class,  fifteen 
thousand  dollars. 

Ninth — Surveyors,  first  class,  ten  thousand  dollars;  sec- 
ond class,  five  thousand  dollars;  third  class,  one  thou- 
sand dollars. 

Tenth — School  superintendents,  first  class,  five  thousand 
•    dollars;   second  class,  three  thousand  dollars;    third  class, 
one  thousand  dollars. 

Eleventh — Coroners,  first  class,  five  thousand  dollars; 
second  class,  two  thousand  dollars;  third  class,  one  thou- 
sand dollars. 

Twelfth— Public  administrators,  first  class,  thirty  thou- 
sand dollars;  second  class,  twenty  thousand  dollars;  third 
class,  ten  thousand  dollars. 


977  COUNTY   OFFICERS.  §§  4123-4134 

Thirteenth — Supervisors,  first  class,  fifteen  thousand 
dollars;  second  class,  ten  thousand  dollars;  third  class, 
two  thousand  dollars.  En.  March  12,  1872.  Am'd.  1873-4, 
5G. 

Cal.  Rep.  Cit.     63,  178. 
County  oflBcers:   Ante,  sec.  4103. 

Bonds  of  county  and  township  officers,  approval,  filing 
and  recording:  Ante,  sec.  950. 

Official  bonds,  generally:    Ante,  sees.  947-987. 
Class  of  a  county:    See  ante,  sec.  4006. 

§  4123.     When    amount    of    bond    is    not    fixed    by    law. 

When  the  amount  of  the  bond  to  be  given  by  any  county 
or  township  officer  is  not  fixed  by  law,  the  amount  must 
be  fixed  by  the  board  of  supervisors.     En.  March  12,  1872. 

Cal.   Rep.   Cit.     47,   509. 

§  4124.  Other  provisions  relating  to  county  officers. 
Other  provisions  relating  to  the  different  classes  of  offi- 
cers are  contained  in  chapter  VII,  title  I  of  part  III  of 
this  code.     En.  March  12,  1872. 

Different  classes  of  officers,  general  provisions  relating 
to:  Ante  sees.  841-1032. 


ARTICLE    II. 

JUDGE  OF  SUPERIOR  COURT. 

§  4134'.     Duties    of    judge    of    the    superior    court. 

§  4134.  Duties  of  judge  of  the  superior  court.  Each 
judge  of  the  superior  court  must: 

1.  Perform  the  duties  of  a  magistrate; 

2.  Hold  superior  courts; 

•  3.  Grant     certificates    to    the    official    character    of     the 
county  clerk; 

4.  Certify  to  the  ownership  of  wrecked  propery,  or  its 
proceeds; 

5.  Perform  such  other  duties  as  are  prescribed  in  any 
of  the  laws  of  the  state.  En.  March  12,  1872.  Am'd.  1880 
24.     Rep.   1880,   101.     [See  note  below.] 

Cal.  Rep.  Cit.     56,  4. 

Repealing  act  of  1880  was  declared  unconstitutional:   See 
sec.  4000,  note.     Section  in  force  inserted  above. 
Pol.    Code — 62 


§  4144  COUNTY    OFFICERS.  »7H 

ARTICLE  III. 

COUNTY     TREASURER. 

§  4144.  Duties   of   county   treasurer. 

§  4145.  To  receive  no  monej',   except  on  certificate  of  auditor. 

§  4146.  Treasurer's   ami   aisditor's  receipt  for   jnoney. 

§  4147.  Mode    of    redeeming    warrants. 

§  4148.  Registry  of  warrants,    when  no  funds. 

§  4149.  Notice  of  redemption   cf  warrants  bearing  Interest. 

§  4150.  Contents   of   such    advertisement. 

§  4151.  Priority   in   payment   of   warrants. 

§  4152.  Action   whsn    warrants   not   re-presented   In   time. 

§  4153.  Treasurer   n.ust   note   the   interest   paid  on  warrant. 

§  4154.  Monthly   and    annual    settlements   with    auditor. 

§  4155.  Report   to   board   of  supervisors   each   session. 

§  4156.  Penalty   for  not   settling  or   reporting. 

§  4157.  When    he   must   sue    district   attorney. 

§  415S.  When   he  must  sue   coroner. 

§  4159.  Disposition   of   property  received   from   coroner. 

§  4160.  Money    thus    derived,    conditions    of   repayment. 

§  4161.  Treasurer   must    not   part    with    or   loan   public    money,    but   may 

make  special   deposit. 

§  4162.  Supervisois    may    suspend    treasurer. 

§  4163.  Delivery    of    effects    of    deceased    treasurer.     No    percentage    on 

money   received  from   predecessor. 

§  4164.  Book.?  and  vouchers  subject  to   inspection. 

§  4165.  Treasurer   must   permit  examination   of  his   books,    and   counting 

of  money  in  treasury. 

§  4144.  Duties  of  county  treasurer.  The  county  treas- 
urer must: 

1.  Receive  all  moneys  belonging  to  the  county,  and  all 
other  moneys  by  law  directed  to  be  paid  to  him,  safely 
keep  the  same  and  apply  and  pay  them  out,  rendering  ac- 
count thereof,  as  required  by  law; 

2.  File  and  keep  the  certificates  of  the  auditor  delivered 
to  him  when  moneys  are  paid  into  the  treasury; 

3.  Keep  an  account  of  the  receipt  and  expenditure  of 
all  such  moneys,  in  books  provided  for  the  purpose;  in 
which  must  be  entered  the  amount,  the  time  when,  from 
whom  and  on  what  account  all  moneys  were  received  b^- 
him;  the  amount,  time  when,  to  whom  and  on  what  ac- 
count all   disbursements  were  made  by  him; 

4.  So  keep  his  books  that  the  amount  received  and  paid 
out  on  account  of  separate  funds  or  specific  appropriation 
are  exhibited  in  separate  and  distinct  accounts,  and  the 
whole  receipts  and  expenditures  shown  in  one  general  or 
cash  account. 

5.  Enter  no  moneys  received  for  the  current  year  on 
his  account  with  the  county  for  the  past  fiscal  year,  until 
after  his  annual  settlement  for  the  past  year  has  been 
made  with  the  county  auditor; 


979  COUNTY   OFFICERS.  §§  4145-4]4a 

6.  Disburse  the  county  moneys  only  on  county  warrants 
issued  by  the  county  auditor,  based  on  orders  of  the  board 
of  supervisors,  or  as  otherwise  provided  by  law.  En. 
March  12,  1872. 

Cal.    Rep.    Cit.     47,   509;    57,   651. 

County  treasurer,  duty  to  ^safely  keep  county  clerk's 
official  bond:   Ante,  sec.  986. 

Deputies  and  clerks  of:  See  post.  Appendix,  title  Treas- 
urers. 

Acts  relating  to  transfer  of  funds:  See  post.  Appendix, 
title  Treasurers. 

§  4145.  To  receive  no  money,  except  on  certificate  of 
auditor.  He  must  receive  no  money  into  the  treasury 
unless  accompanied  by  the  certificate  of  the  auditor  pro- 
vided for  in  section  4217.     En.  March  12,  1872. 

Cal.   Rep.   Cit.     73,  269;    126,   258;    146,  2. 

§  4146.  Treasurer's  and  auditor's  receipt  for  money. 
When  any  money  is  paid  to  the  county  treasurer  he  must 
give  the  person  paying  the  same  a  receipt  therefor,  which 
must  forthwith  be  deposited  with  the  county  auditor,  who 
must  charge  the  treasurer  therewith  and  give  the  person 
paying  the  same  a  receipt.     En.  March  12,  1872. 

§  4147.  IVlode  of  redeeming  warrants.  When  a  warrant 
is  presented  for  payment,  if  there  is  money  in  the  treas- 
ury for  that  purpose  he  must  pay  the  same,  and  write  on 
the  face  thereof  "Paid,"  the  date  of  payment,  and  sign 
his  name  thereto.     En.  March  12,  1872. 

§  4148.  Registry  of  warrants,  when  no  funds.  When 
any  warrant  is  presented  to  the  treasurer  for  payment  and 
the  same  is  not  paid  for  want  of  funds,  the  treasurer  must 
indorse  thereon,  "Not  paid  for  want  of  funds,"  annexing 
the  date  of  presentation  and  sign  his  name  thereto;  and 
from  that  time  until  paid  the  warrant  bears  seven  per 
cent  per  annum  interest.    En.  March  12,  1872. 

Registering  unpaid  warrants:  See  ante,  sec.  4076. 

§  4149.  Notice  of  redemption  of  warrants  bearing  in- 
terest. When  there  are  sufficient  moneys  in  the  treasury 
to  pay  the  warrants  drawing  interest,  the  treasurer  must 
give  notice  in  some  newspaper  published  in  his  county, 
or,  if  none  is  published,  then  by  written  notice  posted 
upon   the    courthouse    door,     stating    therein    that   he   Is 


§§  4150-4154  COUNTY    OFFICERS.  9S0 

ready   to   pay   such   warrants.     From   the   first  publication 
or   posting  of   such   notice   such   warrants   cease   to   draw 
interest.     En.    March    12,    1872. 
Cal.    Rep.    Cit.     56,    116. 

§  4150.  Contents  of  sucF)  advertisement.  In  advertis- 
ing warrants  under  the  provisions  of  this  section  in  any 
newspaper,  the  treasurer  must  not  publish  the  warrants 
in  detail,  but  give  notice  only  that  county  warrants  pre- 
sented for  payment  prior  to  such  a  date,  stated  in  the 
notice,  are  payable.  When  a  part  only  of  the  warrants 
presented  for  payment  on  the  same  day  are  payable,  the 
treasurer  must  designate  such  payable  warrants  in  the 
advertisement.    En.   March   12,  1872. 

§  4151.  Priority  in  payment  of  warrants.  Warrants 
drawn  on  the  treasury  and  properly  attested  are  entitled 
to  preference  as  to  payment  out  of  moneys  in  the  treasury 
properly  applicable  to  such  warrants  according  to  the 
priority  of  time  in  which  they  are  presented.  The  time 
of  presenting  such  warrants  must  be  noted  by  the  treas- 
urer, and  upon  the  receipt  of  moneys  into  the  treasury 
not  otherwise  appropriated,  he  must  set  apart  the  same 
or  so  much  thereof  as  is  necessary  for  the  P9,yment  of 
such   warrants.    En.   March   12,   1872. 

Preference  according  to  priority:   See  ante,  sec.  4076. 

§  4152.  Action  winen  warrants  not  re-presented  in  time. 
Should  such  warrants  not  be  re-presented  for  payment 
within  sixty  days  from  the  time  of  the  notice  hereinbefore 
provided  for  is  given,  the  fund  set  aside  for  the  payment 
of  the  same  must  be  by  the  treasurer  applied  to  the  pay- 
ment of  unpaid  warrants  next  in  order  of  registry.  The 
board  of  supervisors  may,  on  application  and  presentation 
of  warrants  properly  indorsed,  which  have  been  .adver- 
tised, pass  an  order  directing  the  treasurer  to  pay  them 
out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated.    En.    March    12,    1872. 

§  4153.  Treasurer  must  note  the  interest  paid  on  war- 
rant. When  the  treasurer  pays  any  warrant  on  which 
any  interest  is  due  he  must  note  on  the  warrant  the 
amount  of  interest  paid  thereon,  and  enter  on  his  account 
the  amount  of  such  interest  distinct  from  the  principal. 
En.  March  12,  1872. 

§  4154.  Monthly  and  annual  settlements  with  auditor. 
The    treasurer   must   settle    his   accounts    relating    to   the 


981  COUNTY   OFFICERS.  9$  4155-4158 

collection,  care  and  disbursement  of  public  revenue,  or 
whatsoever  nature  and  kind,  with  the  auditor,  on  the 
first  Monday  of  each  month.  For  the  purpose  of  making 
such  settlement  he  must  make  out  a  statement  under 
oath,  of  the  amount  of  money  or  other  property  received 
prior  to  the  period  of  such  settlement,  the  sources  whence 
the  same  was  derived,  the  amount  of  payments  or  dis- 
bursements, and  to  whom,  with  the  amount  remaining 
on  hand.  He  must,  in  such  settlements  deposit  all  war- 
rants redeemed  by  him  and  take  the  auditor's  receipt 
therefor.  He  must  also  make  a  full  settlement  of  all 
accounts  with  the  auditor  annually  on  the  first  Monday  of 
January,  in  the  presence  of  the  supervisors,  who  have  a 
supervisory  control  thereof.    En.  March  12,  1872. 

§  4155.  Report  to  board  of  supervisors  each  session. 
Each  county  treasurer  must  make  a  detailed  report,  at 
every  regular  meeting  of  the  board  of  supervisors  of  his 
county,  of  all  moneys  received  by  him  and  the  disburse- 
ment thereof,  and  of  all  debts  due  to  and  from  the  county, 
and  of  all  other  proceedings  in  his  office,  so  that  the  re- 
ceipts into  the  treasury  and  the  amount  of  disbursements, 
together  with  the  debts  due  to  and  from  the  county,  may 
clearly  and  distinctly  appear.    En.  March  12,  1872. 

§  4156.  Penalty  for  not  settling  or  reporting.  If  any 
county  treasurer  neglects  or  refuses  to  settle  or  report, 
as  required  in  sections  4154,  4155,  he  forfeits  and  must 
pay  to  the  county  the  sum  of  five  hundred  dollars  for  every 
such  neglect  or  refusal,  and  the  board  of  supervisors 
must  institute  suits  for  the  recovery  thereof.  En.  March 
12,  1872. 

§  4157.  When  he  must  sue  district  attorney.  If  the 
district  attorney  refuses  or  neglects  to  account  for  and 
pay  over  money  received  by  him,  as  required  by  the  fifth 
subdivision  of  section  4256,  the  county  treasurer  must 
bring  an  action  against  him  for  the  recovery  thereof  in 
the  name  of  the  county,  and  may  recover  in  such  action, 
in  addition  to  the  amount  so  received,  fifty  per  cent  there- 
on by  way  of  damages.    En.  March  12,  1872. 

§  4158.  When  he  must  sue  coroner.  If  the  coroner,  or 
any  justice  of  the  peace  acting  as  coroner,  fails  to  de- 
liver to  the  treasurer  within  thirty  days  after  any  inquest 
upon  a  dead  body,  all  money  and  property  found  upon 
such  body,  unless  claimed  in  the  meantime  by  the  public 
administrator    or    other     legal    representative    of    the    de- 


§§  4159-4163  COUNTY   OFFICERS.  982 

cedent,  as  required  by  section  4287,  the  treasurer  must 
proceed  against  the  coroner,  or  justice  acting  as  coroner, 
to  recover  the  same  by  civil  action  in  the  name  of  the 
county.    En.    March    12,    1872. 

§  4159.  Disposition  of  property  received  from  coroner. 
The  treasurer,  upon  receiving  from  the  coroner,  or  justice 
acting  as  coroner,  money  found  on  a  dead  body,  must 
place  it  to  the  credit  of  the  county.  On  receiving  other 
property  in  like  manner  he  must  within  thirty  days  sell 
it  at  public  auction  upon  reasonable  public  notice,  and 
must  in  like  manner  place  the  proceeds  to  the  credit  of  the 
county.     En.  March  12,  1872. 

§  4160.     Money   thus   derived,    conditions    of    repayment. 

If  the  money  in  the  treasury  is  demanded  within  six 
years  by  the  legal  representatives  of  the  decedent,  the 
treasurer  must  pay  it  to  them,  after  deducting  the  fees 
and  expenses  of  the  coroner  and  the  county  in  relation 
to  the  matter;  or  the  same  may  be  so  paid  at  any  time 
thereafter  upon  the  order  of  the  board  of  supervisors. 
En.  March  12.  1872. 

§  4161.  Treasurer  must  not  part  with  or  loan  public 
money,  but  may  make  special  deposit.  The  county  treas- 
urer must  keep  all  moneys  belonging  to  this  state  or  to 
any  county  of  this  state  in  his  own  possession  until  dis- 
bursed according  to  law.  He  must  not  place  the  same  in 
the  possession  of  any  person,  to  be  used  for  any  purpose; 
nor  must  he  loan  or  in  any  manner  use  or  permit  any  per- 
son to  use  the  same,  except  as  provided  by  law;  but  noth- 
ing in  this  section  prohibits  him  from  making  special 
deposits  for  the  safe-keeping  of  the  public  moneys.  En. 
March  12,  1872. 

§  4162.  Supervisors  may  suspend  treasurer.  Whenever 
an  action  based  upon  official  misconduct  is  commenced 
against  any  county  treasurer,  the  supervisors  may,  in 
their  discretion,  suspend  him  from  office  until  such  suit 
is  determined  and  may  appoint  some  person  to  fill  the 
vacancy.     En.  March  12,  1872. 

§  4163.  Delivery  of  effects  of  deceased  treasurer.  No 
percentage  on  money  received  from  predecessor.  In  case 
of  the  death  of  any  county  treasurer,  his  legal  representa- 
tives must  deliver  up  all  official  moneys,  books,  accounts, 
papers  and  documents  which   come  into  their  possession. 


983  COUNTY    OFFICERS.  §§  4l()4-4l75 

No  percentage  must  be  alloweo  lo  the  treasurer  on  any 
money  by  him  received  from  his  predecessor  in  office,  or 
from  the  legal  representatives  of  such  predecessors.  Ea. 
March  12,  1872. 

§  4164.  Books  and  vouchers  subject  to  inspection.  The 
books,  accounts  and  vouchers  of  the  treasurer  are  at  all 
times  subject  to  the  inspection  and  examination  of  the 
board  of  supervisors  and  grand  jury.     En.  March  12,  1872. 

§  4165.  Treasurer  must  permit  examination  of  his  books, 
and  counting  of  money  in  treasury.  The  treasurer  must 
permit  the  judge  of  the  superior  court  and  auditor  to 
examine  his  books  and  count  the  money  in  the  treasury 
whenever  they  may  wish  to  make  an  examination  or  count- 
ing.    En.  March  12,  1872.     Am  d.  1880,  24;    1880,  101. 

Cal.  Rep.  Cit.     56,  3. 

Amendment  of  1880  declared  unconstitutional:  See.  sec. 
4000,  note.     Section  in  force  inserted  above. 

ARTICLE  IV. 

SHERIFF. 

§  417.1.  "Proce.ss"    and    "notice"    defined. 

§  4176.  Duties    of    .slieriff. 

§  4177.  Return    by    mail    to   another    county. 

§  417S.  Return   prima  facii  evidence. 

§  4179.  Penally   for   delaying   return. 

§  41S0.  Liability   for   refu.sing  to   levy   or  sell. 

§  41S1.  Damages   for  refusing   to   pay   over  money. 

§  41S2.  Liability    for   permitting   an    escape. 

§  41S3.  Liability    for   a   rescue. 

§  41S4.  No  action   for  escape  or  rescue  after   return   or   recapture. 

§  418o.  Direction   to   sheriff  must  be  in  writing. 

§  4186.  When   office  of  sheriff   deemed  vacant. 

§  41S7.  When   sheriff  justified  in  executing  process. 

§  41SS.  Officer    to    exhibit    process. 

§  4189.  Sheriff    to    act    as    crier. 

§  4190.  Service   on    sheriff,    how   made. 

§  4191.  Coroner  to   execute   process   when   sheriff   is  a  party. 

§  4192.  Elisors  to  act  in  cases  designated. 

§  4193.  Other  duties   of   sheriff. 

§  4175.  "Process"  and  "notice"  defined.  "Process"  as 
used  in  this  article,  includes  all  writs,  warrants,  summons 
and  orders  of  courts  of  justice  or  judicial  officers.  "No- 
tice" includes  all  papers  and  orders  (except  process)  re- 
quired to  be  served  in  any  proceeding  'before  any  court, 
board  or  officer,  or  when  required  by  law  to  be  served 
independently  of  such  proceding.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     92,  247. 

32 


§  4lT«  COUNTY   OFFICERS.  984 

§  4176.     Duties    of    sheriff.     The    sheriff    must: 

1.  Preserve  the  peace; 

2.  Arrest  and  take  before  the  nearest  magistrate,  for 
examination,  all  persons  v.^ho  attempt  to  commit  or  who 
have  committed  a  public  offense; 

3.  Prevent  and  suppress  all  affrays,  breaches  of  the 
peace,  riots  and  insurrections  which  may  come  to  his 
knowledge; 

4.  Attend  all  courts,  except  justices',  probate  and  police 
courts,  at  their  respective  terms,  held  within  his  county, 
and  obey  their  lawful  orders  and  directions; 

5.  Command  the  aid  of  as  many  rnale  inhabitants  of  his 
county  as  he  may  think  necessary  in  the  execution  of 
these  duties; 

6.  Take  charge  of  and  keep  the  county  jail  and  the  pris- 
oners Therein; 

7.  Indorse  upon  all  process  and  notices  the  year,  month, 
day,  hour  and  minute  of  reception,  and  issue  therefor  to 
the  person  delivering  it,  on  payment  of  fees,  a  certificate 
showing  the  names  of  the  parties,  title  of  paper  and  time 
of  reception; 

8.  Serve  all  process  and  notices  in  the  manner  prescribed 
by  law; 

9.  Certify  under  his  hand  upon  process  or  notices  the 
manner  and  time  of  service,  or  if  he  fails  to  make  service, 
the  reasons  of  his  failure,  and  return  the  same  without 
delay.     En.  March  12   1872. 

Cal.  Rep.  Cit.  59,493;  65,190;  77,47;  92,247;  97,242; 
110,  31. 

Subd.  1.     Sheriff'  is  peace  officer:   Pen.  Code,  sec.  817. 

Subd.  2.  Refusal  of  sheriff  to  make  arrest,  punishment 
for:  Pen.  Code,  sec.  142 

Subd.  4.  Probate  courts  superseded  by  superior  courts 
after  abolition  of  existing  courts  by  Const.  Cal.,  art.  XXII, 
bee.  3.     Abolition  of  terms:   Const.  Cal.,  art.  VI,  sec.  5. 

Obey  orders  and  directions  to  provide  courtrooms,  etc.: 
Code  Civ.  Proc,  sec.  144. 

Subd.   7.    Process  and   notices  defined:   Ante,  sec.   4175. 

Subd  8.  Summons,  service  of:  Code  Civ.  Proc,  sees. 
410   et  seq. 

Subd.  9.  Return  of  process  or  notices:  Post,  sees.  4177- 
4179. 


985  COUNTY    OS'FICERS.  §5  4177-41SI 

Act  authorizing  supervisors  to  furnish  sheriff  and  depu- 
ties with  badge:   See  post,  Appendix,  title  Sheriffs. 

§  4177.  Return  by  mail  to  another  county.  When  pro- 
cess or  notices  are  returnable  to  another  county,  he  may 
inclose  such  process  or  notice  in  an  envelope,  addressed 
to  the  officer  from  whom  the  same  emanated,  and  deposit 
it  in  the  postoffice,  prepaying  postage.     En.  March  12,  1872. 

§  4178.  Return  prima  facie  evidence.  The  return  of  the 
sheriff,  upon  process  or  notices,  is  prima  facie  evidence 
of  the  facts  in  such  return  stated  En.  March  12,  1872. 
Am'd.  1873-4,  57. 

Cal.  Rep.  Cit.     72,  505;    79,  559;    128,  332;    134,  675. 
Prima  facie  evidence  defined:   Code  Civ.  Proc,  sec.  1833. 

§  4179.  Penalty  for  delaying  return.  If  the  sheriff  does 
not  return  a  notice  or  process  in  his  possession  with  the 
necessary  indorsement  thereon  without  delay,  he  is  liable 
to  the  party  aggrieved  for  the  sum  of  two  hundred  dollars 
and  for  all  damages  sustained  by  him.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     52,  495;    79,  256;    144,  8. 

§  4180.  Liability  for  refusing  to  levy  or  sell.  If  the 
sheriff  to  whom  a  writ  of  execution  is  delivered  neglects 
or  refuses,  after  being  required  by  the  creditor  or  his 
attorney,  to  levy  upon  or  sell  any  property  of  the  party 
charged  in  the  writ  which  is  liable  to  be  levied  upon  and 
sold,  he  is  liable  to  the  creditor  for  the  value  of  such 
property.     En.  March  12,  1872. 

Cal.    Rep.    Cit.     52,    495;    144,    8. 

Sheriff's  duty  to  execute  process:   Post,  sec.  4187. 

Sale  without  notice,  liabiity  of  officer  for:  Code  Civ. 
Proc,  sec.  693. 

Resale,  limit  of  liability  of  officer  on:  Code  Civ.  Proc, 
sees.  695,  697. 

Indemnity  bond  may  be  required  by  sheriff  where  prop- 
erty claimed  by  third  person:   See  Code  Civ.  Proc,  sec.  689. 

§  4181.  Damages  for  refusing  to  pay  over  money.  If  he 
neglects  or  refuses  to  pay  over  on  demand,  to  the  person 
entitled  thereto,  any  money  which  may  come  into  his 
hands   by   virtue  of  his  office    (after  deducting  his   legal 


§§  4182-4184  COUNTY    OFFICERS.  aS'J 

fees),  the  amount  thereof,  with  twenty-five  per  cent  dam- 
ages and  interest  at  the  rate  of  ten  per  cent  per  month 
fiom  the  time  of  demand,  may  be  recovered  by  such  per- 
son.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     73,  261;    73,  2G4. 

Not  paying  over  money  received  by  him  by  virtue  of  his 
office,  office  of  sheriff  is  vacant  for,  when  he  remains  com- 
mitted   sixty   days   on   acccmt   of:   Post,-  sec.    4186. 

§  4182.  Liability  for  permitting  an  escape.  A  sheriff 
who  suffers  the  escape  of  a  person  arrested  in  a  civil  ac- 
tion, without  the  consent  or  connivance  of  tlie  party  in 
whose  behalf  the  arrest  or  imprisonment  is  made,  is  liable 
as  follows: 

1.  When  the  arrest  is  upon  an  order  to  hold  to  bail  or 
upon  a  surrender  in  exoneration  of  bail  before  judgment, 
he  is  liable  to  the  plaintiff  as  bail; 

2.  When  the  arrest  is  on  an  execution  or  commitment 
to  enforce  the  payment  of  money,  he  is  liable  for  the 
amount  expressed  in  the  execution  or  commitment; 

3.  When  the  arrest  is  on  an  execution  or  commitment 
other  than  to  enforce  the  payment  of  money,  he  is  liable 
for  the  actual  damages  sustained; 

4.  Upon  being  sued  for  damages  for  an  escape  or  rescue 
he  may  introduce  evidence  in  mitigation  and  exculpation. 
En.  March  12,  1872. 

Persons  arrested  in  a  civil  action  in  justices'  court: 
Code  Civ.  Proc,  sec.  864,  865.  Witness:  Code  Civ.  Proc, 
sec.  2069. 

Escapes  of  criminal  offenders:   Pen.  Code,  sees.  105-110. 

Subd.  1.     Liability  as  bail:    Code  Civ.  Proc,  sec.  501. 

Subd.  3.  Commitment  or  attachment  for  contempt, 
detention  on:    Code  Civ.  Proc,  sec.  1214. 

§  4183.  Liability  for  a  rescue.  He  is  liable  for  a  rescue 
of  a  person  arrested  in  a  civil  action,  equally  as  for  an 
escape.     En.  March  12,  1872. 

Liability  for  rescue:   Code  Civ.  Proc.  sec.   501. 

Rescue  of  prisoners:   Pen.  Code,  sec.  101. 

§  4184.  No  action  for  escape  or  rescue  after  return  or 
recapture.     An    action    canno!    be    maintained    against    the 


!I87  COUNTY    OFFICERS.  SS  41S5-4iyu 

sheriff  for  a  rescue,  or  for  an  escape  of  a  person  arresteJ 
upon  an  execution  or  commitment,  if,  after  iiis  rescue  or 
escape  and  before  the  commencement  of  the  action,  the 
prisoner  returns  to  the  jail,  or  is  retaken  by  the  sheriff. 
En.  March  12,  1872. 

§  4185.  Direction  to  sheriff  must  be  in  writing.  No 
•direction  or  authority  by  a  party  or  his  attorney  to  a 
sheriff,  in  respect  to  the  execution  of  process  or  return 
thereof,  or  to  any  act  or  omission  relating  thereto,  is  avail- 
able to  discharge  or  excuse  the  sheriff  from  a  liability  for 
neglect  or  misconduct,  unless  it  is  contained  in  a  writing, 
signed  by  the  attorney  of  the  party,  or  by  the  party  if  ho 
has  no  attorney.     En.  March  12,  1872. 

§  4186.  When  office  of  sheriff  deemed  vacant.  When 
the  sheriff  is  committed  under  an  execution  or  commit- 
ment for  not  paying  over  money  received  by  him  by  virtue 
of  his  office,  and  remains  committed  for  sixty  days,  his 
office  is  vacant.    En.  March  12,  1872. 

Cal.   Rep.   Cit.     107,  239;    107,  241;    118,  483. 

§  4187.     When  sheriff  justified  in  executing  process.     A 

sheriff  or  other  ministerial  officer,  is  justified  in  the  exe- 
cution of  and  must  execute  all  process  and  orders  regular 
on  their  face  and  issued  by  competent  authority,  whatever 
may  be  the  defect  in  the  proceedings  upon  which  they  were 
issued.     En.   March  12,  1872. 

Cal.  Rep.  Cit.     59,  191;  67,  604;  76,  290;  132,  129;  144,  8. 

§  4188.  Officer  to  exhibit  process.  The  officer  executing 
process  must  then,  and  at  all  times  subsequent,  so  long 
as  he  retains  it,  upon  request  show  the  same,  with  all 
papers  attached,  to  any  person  interested  therein.  En. 
March  12,  1872. 

§  4189.  Sheriff  to  act  as  crier.  The  sheriff  in  attend- 
ance upon  court  must  act  as  the  crier  thereof,  call  the  par- 
ties and  witnesses  and  all  other  persons  bound  to  appear 
at  the  court,  and  make  proclamation  of  the  opening  and 
adjournment  of  the  court,  and  of  any  other  matter  under 
its  direction.     En.  March  12,  1872. 

§  4190.  Service  on  sheriff,  how  made.  Service  of  a 
paper  other  than  process,   upon  the  sheriff  may  be  made 


§§  4191-4193  COUNTY    OFFICERS.  988 

by  delivering  it  to  him  or  to  one  of  his  deputies,  or  to  a 
person  in  charge  of  the  office  during  office  hours,  or  if  no 
such  person  is  there,  by  leaving  it  in  a  conspicuous  place 
in  the  office.     En.  March  12,  1872. 

§  4191.  Coroner  to  execute  process  when  sheriff  is  a 
party.  When  the  sheriff  is  a  party  to  an  action  or  pro- 
ceeding, the  process  and  orders  therein,  which  it  would 
otherwise  be  the  duty  of  the  sheriff  to  execute,  must  be 
executed  by  the  coroner  oi  the  county.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     49,  177;   92,  247;   140,  5. 

§  4192.  Elisors  to  act  in  cases  designated.  Pi'ocess  and 
orders  in  au  action  or  proceeding  may  be  executed  by  a 
person  residing  in  the  county,  designated  by  the  court  or 
the  judge  thereof,  and  denominated  an  elisor,  in  the  fol- 
lowing cases: 

1.  When  the  sheriff  and  coroner  are  both  parties; 

2.  When  either  of  these  officers  is  a  party,  and  the 
process  is  against  the  other;   and 

3.  When  either  of  these  officers  is  a  party,  and  there  is 
a  vacancy  in  the  office  of  the  other;  or  when  it  appears 
by  affidavit  to  the  satisfaction  of  the  court  in  which  the 
proceeding  is  pending,  or  the  judge  thereof,  that  both  of 
these  officers  are  disqualified,  or  by  reason  of  any  bias, 
prejudice  or  other  cause,  would  not  act  promptly  or  im- 
partially. 

When  process  is  delivered  to  an  elisor,  he  must  execute 
and  return  it  in  the  same  manner  as  the  sheriff  is  required 
to  execute  similar  process.  En.  March  12,  1872.  Am'd. 
1880,  24;   1880,  101. 

Cal.  Rep.  Cit.  49,  177;  56,  3;  77,  47;  92,  247;  92,  257; 
106,   198;    122,   236;    122,   237. 

The  amendment  of  April  27,  1880,  was  declared  uncon- 
stitutional: See  note  to  sec.  4000.  Its  language  was  sim- 
ilar.    Section  in  force  inserted  above. 

§  4193.  Other  duties  of  sheriff.  The  sheriff  must  per- 
form such  other  duties  as  are  required  of  him  by  law.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     92,  247. 

Sheriff,  badge  of  office  for  himself  and  deputies  to  be 
provided  by  county  boards  of  supervisors:  See  post.  Ap- 
pendix, title  Sheriffs. 


989  COUNTY   OFFICERS.  5  *20* 

Other  duties,  sheriff  as  tax  collector:  See  ante,  sec.  4106. 
Duty  as  to  licenses:  See  ante,  sec.  3387.  To  summon 
jurors:  Code  Civ.  Proc,  sees.  225-227.  To  remove  intruder 
on  public  land:  Ante,  sec.  42.  To  serve  notice  of  contest 
of  election  of  member  of  legislature:  Ante,  sec.  276.  To 
serve  process  of  courts-martial:  Ante.  sec.  2084.  To  deliver 
persons  to  insane  asylum:  Ante,  sec.  2218.  To  dispose  of 
floating  lumber:  Ante,  sec.  2391.  As  to  wrecked  property: 
Ante,  sees.  2403,  2404.  2406,  2407,  2408,  2412,  2415,  2417. 
To  be  ex-officio  auctioneer,  when:  Ante,  sec.  3291.  To 
attend  meetings  of  board  of  supervisors:  Ante,  sec.  4047. 
To  reside  at  county  seat:  Ante,  sec.  4119.  Not  to  practice 
law,  etc.:  Ante,  sec.  4121.  In  criminal  cases:  See  Pen. 
Code,  sees.  1216,  1601,  1602,  1609,  1611. 


ARTICLE    V. 

COUNTY   CLERK. 

§  4204.     Duties  of  county  clerk. 
§  4205.     Other  records   and   duties. 

§  4204.     Duties  of  county  clerk.     The  county  clerk  must: 

1.  Take  charge  of  and  safely  keep  or  dispose  of  accord- 
ing to  law,  all  books,  papers  and  records  which  may  be 
filed  or  deposited  in  his  office. 

2.  Act  as  clerk  of  the  board  of  supervisors,  and  as  clerk 
of  the  district,  county  and  probate  courts  and  attend  each 
term  thereof,  and  upon  the  judges  at  chambers  when  re- 
quired. 

3.  Issue  all  process  and  notices  required  to  be  issued; 
enter  all  orders,  judgments  and  decrees  proper  to  be  en- 
tered; keep  in  each  court  a  docket,  in  which  must  be 
entered  the  title  of  each  cause,  with  the  date  of  its  com- 
mencement, a  memorandum  of  every  subsequent  proceed- 
ing therein,  with  the  date  thereof,  and  a  list  of  all  the 
fees  charged. 

4.  Keep  for  the  district  and  county  courts,  in  separate 
volumes,  an  index  of  all  suits,  labeled  "General  Index — 
Plaintiffs,"  each  page  of  which  must  be  divided  into  seven 
columns,  under  their  respective  heads,  alphabetically  ar- 
ranged as  follows:  "Number  of  suit,"  "Plaintiffs,"  "De- 
fendants," "Date  of  judgment,"  "Number  of  judgment," 
"Page  of  entry  of  judgment  in  judgment  book,"  "Page  of 
minute  book  of  district  court";  also  an  index  labeled 
"General    Index — Defendants,"    each   page    of   which    must 


§  4205  tOUNxY    OFFICERS.  9-)') 

be  divided  into  seven  columns,  under  their  respective 
heads,  alphabetically  arranged  as  follows:  "Number  of 
suit,"  "Defendants,"  "Plaintiffs,"  "Date  of  judgment," 
"Number  of  judgment,"  "Page  of  entry  of  judgment  in 
judgment  book,"  "Page  in  order  book  of  district  court.  ' 
En.   March  12,  1872.     Am'd.   1880,  102. 

Cal.  Rep.   Cit.     56,  3;    61,  286. 

Amendment  of  1880  was  declared  unconstitutional:  See 
sec.   4000,   note.     Section  in   force   inserted  above. 

County  clerk  may  issue  exempt  fire  certificates:  Ante, 
sec.  -3339.  Election  for  removal  of  county  seat,  statement 
of  result  must  be  deposited  in  office  of:  Ante,  sec.  3983. 
Bond  of:  Ante,  sec.  4122,  subd.  2.  To  take  affidavits  of 
pension  claimants  without  charge:  See  post,  Appendix, 
title  County  Clerks. 

Subd.  2.  Clerk  of  board  of  supervisors,  county  clerk  is 
ex-officio:   Ante,  sec.  4029. 

Clerk  of  court,  as  such  to  certify  facts  of  contest  of  title 
to  office:  Ante,  sec.  937.  Not  to  make  public  divorce  and 
attachment  papers,  when:    Ante,  sec.  1032. 

§  4205.  Other  records  and  duties.  He  must  keep  such 
other  records  and  perform  such  other  duties  as  are  pre- 
scribed   by    law.     En.    March    12,    1872. 

Other  duties  of  county  clerk:  Contested  elections,  in: 
Ante,  sees.  274,  275,  281.  Ex-officio  sealer  of  weights  and 
measures,  as:  Ante,  sees.  562-564,  566,  567.  Official  bonds, 
as  to:  Ante,  sees.  800,  950,  986.  Elections,  duties  as  to: 
Ante,  sees.  1094  et  seq.,  1264-1268.  1284,  1287,  1289,  1293. 
1308,  1310.  Ex-officio  auditor  and  recorder,  when  to  be: 
Ante,  sec.  4105,  subd.  1,  sec.  4106,  subd  2.  County  seat,  to 
keep  office  open  at:  Ante,  sec.  4116;  and  to  reside  there: 
Ante,  sec.  4119.  Law.  not  to  practice,  etc:  Ante,  sec.  4121. 
See  further  Civil  and  Penal  Codes  and  Code  of  Civil  Pro- 
cedure. 

Indexing  names  of  liens  making  declarations  of  inten- 
tion:   See  General  Laws,  title  Aliens. 

Divorce  and  attachment  papers  not  to  be  made  public: 
Ante,  sec.  1032. 


■y.n  COUNTY    OFFICERS.  §§  4'J15-4::l'> 

ARTICLE    VI. 

AUDITOR. 

5  421."j.     Auditor   ro   diaw   warrants  authorized. 

§  4:;16.     \^"arrants    must    specify    what. 

§  4l'n.     Spttlement    with    debtors    to    the    county. 

§  4l'1S.     To   Vceep   accounts,    file     receipts,    etc. 

!)  4219.     Warrants    of    auditor    "O    he    numbered,     marked    and    registered. 

§  4220.     Auditor    to    examine    boolts    of    treasurer,    when. 

§  4221.     .-Xuditor   and    district    attorney   to    count    money   in   treasury   anl 

make   statement 
§  4222.     Statements   to   be   filed   and   posted. 
§  422:{.     Quartfrlj-     statements     concerning     collection     of     revenue     and 

financial    condition    of  county. 
§  4J24.     Other    duties. 

§  4215.  Auditor  to  draw  warrants  authorized.  The 
auditor  must  draw  warrants  on  the  county  treasurer  in 
fa\or  of  all  persons  entitled  thereto  in  payment  of  all 
claims  and  demands  chargeable  against  the  county  which 
have  been  legally  examined,  allowed,  and  ordered  paid 
by  the  board  of  supervisors;  also,  for  all  debts  and  de- 
mands against  the  county  when  the  amounts  are  fixed  by 
law,  and  which  are  not  directed  to  be  auditea  by  some 
other  person  or  tribunal.     En.   March  12,   1872. 

§  4216.  Warrants  must  specify  what.  All  warrants  must 
'distinctly  specify  the  liability  for  which  they  are  drawn, 
and  when  it  accrued.     En.  March  12,  1872. 

Similar  provision  as  to  warrants  for  current  expenses: 
Ante,  sec.  4076. 

§  4217.  Settlement  with  debtors  to  the  county.  The 
auditor  must  examine  and  settle  the  accounts  of  all  persons 
indebted  to  the  county,  or  holding  moneys  payable  into 
the  county  treasury,  and  must  certify  the  amount  to  the 
treasurer,  and  upon  the  presentation  and  filing  of  the 
treasurer's  receipt  therefor  give  to  such  person  a  discharge, 
and  charge  the  treasurer  with  the  amount  received  by  him. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     73,  269;   126,  258. 

S  4218.  To  keep  accounts,  file  receipts,  etc.  The  auditor 
must  keep  accounts  current  with  the  treasurer,  and  when 
any  person  deposits  with  the  auditor  any  receipt  given  by 
the  treasurer  for  any  money  paid  into  the  treasury,  the 
auditor  must  file  such  receipt  and  charge  the  treasurer 
with  the  amount  thereof.     En.  March  12,  1872. 


§§  4219-4223  COUNTY    OFFICERS.  892 

§  4219.  Warrants  of  auditor  to  be  numbered,  marked 
and  registered.  All  warrants  issued  by  the  auditor  during 
each  year,  commencing  with  the  first  Monday  in  January, 
must  be  numbered  consecutively,  and  the  number,  date, 
and  amount  of  each,  and  the  name  of  the  person  to  whom 
payable,  and  the  purpose  for  which  drawn,  must  be  stated 
thereon,  and  they  must,  at  the  time  they  are  issued,  be 
registered  by  him.     En.  March  12,  1872. 

§  4220.     Auditor,  to  examine  books  of  treasurer,  when. 

The  auditor  must,  between  the  first  and  tenth  of  each 
month,  examine  the  books  of  the  treasurer  and  see  that 
the  same  have  been  correctly  kept.     En.  March  12,  1872. 

§  4221.  Auditor  and  district  attorney  to  count  money  in 
treasury  and  make  statement.  The  district  attorney  and 
auditor  must,  at  least  once  in  each  month,  count  the  money 
in  the  county  treasury,  and  make  and  verify  in  duplicate 
statements  showing: 

1.  The  amount  of  money  that  ought  to  be  in  the  treasury. 

2.  The  amount  and  kind  of  money  actually  therein.  En. 
March  12,  1872.     Am'd.  lSe.0,  24;   1880,  66;   1880,  102. 

Cal.  Rep.  Cit.     56,  3. 

Amendment  of  April  27,  1880,  was  declared  unconstitu-' 
tional:  See  sec.  4000,  note.  Section  in  force  inserted 
above. 

§  4222.  Statements  to  be  filed  and  posted.  They  must 
file  one  of  the  statements  in  the  office  of  the  county  clerk, 
and  the  auditor  must  post  and  maintain  the  other  in  his 
ofiice  for  at  least  a  month  thereafter.     En.  March  12,  1872. 

§  4223.  Quarterly  statements  concerning  collection  of 
revenue  and  financial  condition  of  county.  The  auditor  and 
treasurer  of  each  county  must  on  the  first  Monday  in 
February,  May,  August,  and  November,  make  a  joint  state- 
ment to  the  board  of  supervisors,  showing  the  whole 
amount  of  collections  (stating  particularly  the  source  of 
each  portion  of  the  revenue)  from  all  sources  paid  into 
the  county  O-easury,  the  funds  among  which  the  same  was 
distributed  and  the  amount  to  each;  the  total  amount  of 
warrants  drawn  and  paid,  and  on  what  fund;  total  amount 
of  warrants  drawn  and  unpaid,  and  accounts  or  claims 
audited,  or  allowed  and  unpaid,  and  the  fund  out  of  which 


993  COUNTY   OFFICERS.  55  4224-423S 

they  are  to  be  paid,  and  generally  make  a  full  and  specific 
showing  of   the   financial   condition    of    the    county.    En. 
March  12,  1872. 
Cal.  Rep.  Cit.     126,  623. 

§  4224.  Other  duties,  The  auditor  must  discharge  such 
other  duties  as  are  required  by  law.     En.  March  12,  1872. 

Other  duties  of  auditor,  as  to  licenses:  Ante,  sees.  3356- 
3358,  3364.  As  to  taxes:  See  ante,  sees.  3727  et  seq.  When 
county  clerk  is  ex-ofRcio  auditor  and  recorder:  See  ante, 
sees.  4105,  4106. 

ARTICLE    VII. 

RECORDER. 

§  4234.  To  procure  record  books,   and  have  custody  of  records. 

§  4235.  What    to    be    recorded. 

§  i'So6.  Indexes    to   be   kept   by   recorder. 

§  4237.  Records   of  certificates  of  sale. 

§  423S.  To    record    decrees    of    partition,    etc. 

§  4230.  Filing   of   copy   to   impart   notice. 

§  4240.  Combination   of   indexes,    and   arrangement   of   names   therein. 

§  4241.  Recorder's   duty   on    receipt   of   instrument   of   names   therein. 

§  4242.  Indoising  book,  etc.,  when  record  made,  and  returning  instru- 
ment. 

§  4243.  Recorder   to    make   searches   and    furnish    certificates    thereof. 

§  4244.  Liable  for   neglect  of  certain  duties. 

§  4245.  Fees  to  be  prepaid. 

§  4246.  Records    to   be   open   for   Inspection. 

§  4247.  Recorder  to  return  or  destroy  contracts;  plans  and  specifica- 
tion,   when. 

§  424S.  Recoidation   of  lost  or   destroyed   instruments. 

§  4234.  To  procure  record  books,  and  have  custody  of 
records.  The  recorder  must  procure  such  books  for  records 
as  the  business  of  his  office  requires,  but  orders  for  the 
same  must  first  be  obtained  from  the  board  of  supervisors. 
He  has  the  custody  of  and  must  keep  all  books,  records, 
maps,  and  papers  deposited  in  his  office.  En.  March  12, 
1872. 

Recorder,  county  clerk  as  ex-officio:  Ante,  sees.  4105, 
4106. 

§  4235.  What  to  be  recorded.  He  must,  upon  the  pay- 
ment of  his  fees  for  the  same,  record  separately,  in  a  fair 
hand  or  typewriting,  in  large  and  well-bound  separate 
books,  either  sewed  books  or  on  insertable  leaf,  which 
when  placed  in  the  book  cannot  be  removed: 

1.  Deeds,  grants,  transfers,  and  mortgages  of  real  estate, 
releases  of  mortgages,  powers  of  attorney  to  convey  real 
Pol.    Code — 63 


§  4235  COUNTY     OFFICERS.  994 

estate,    and    leases    which    have    been    acknowledged     or 
proved; 

2.  Mortgages  of  personal  property; 

3.  Certificates   of  marriage    and   marriage   contracts; 

4.  Wills  admitted  to  probate; 

5.  Official  bonds; 

6.  Notices  of  mechanics'  liens; 

7.  Transcripts  of  judgments  which  by  law  of  this  state, 
or  of  the  United  States,  are  made  liens  upon  real  estate 
in  this  state; 

8.  Notices  of  attachments  upon  real  estate; 

9.  Notices  of  the  pendency  of  an  action  affecting  real 
estate,  the  title  thereto,  or  possession  thereof; 

10.  Instruments  describing  or  relating  to  the  separate 
property  of  married  women; 

11.  Notices  of  pre-emption  claims; 

12.  Births  and   deaths;    and, 

13.  Such  other  writings  as  are  required  or  permitted  by 
law  to  be  recorded.  En.  March  12,  1872.  Am'd.  1895,  53; 
1905,  47. 

Cal.  Rep.  Cit.     98,  412;   135.  177. 

Recording  transfers:  Civ.  Code,  sees.  1185-1217.  What 
may  be  recorded:  Sees.  1158-1165  of  same.  Mode  of  re- 
cording: Sees.  1169-1173  of  same.  Effect  of  recording,  or 
the  want  thereof:   Sees.  1213-1217  of  same. 

Mortgages:  Civ.  Code,  sec.  2952.  Assignment  of:  Sec. 
2934  of  same.     Discharge  of:    Sees.  2938-2941  of  same. 

Powers  of  attorneys  to  execute  a  mortgage:  Civ.  Code, 
sec.  2933. 

Proof  of  acknowledgment  of  instruments:  Civ.  Code, 
sees.  1180-1207. 

Mortgages  of  personal  property:  Civ.  Code,  sees.  2959- 
2964. 

Marriage  certificates:  Civ.  Code,  sees.  74-77;  and  con- 
tracts: Civ.  Code,  sees.  179,  180.  Register  of  marriages: 
See  ante,  sec.  3079  of  this  code. 

Wills  admitted  to  probate:  See  Code  Civ.  Proc,  sees. 
1318-1322. 

Official  bonds:   Ante,  sees.  950,  951. 

Mechanics'  liens:   Code  Civ.  Proc,  sec.  1187. 

Judgments  affecting  real  property:  Civ.  Code,  sec.  1159. 

Attachment  of  realty:  Code  Civ.  Proc,  sec.  542. 

Lis  pendens:    Code  Civ.  Proc,  sec.  409. 

Separate  property  of  married  women:  Civ.  Code,  sees. 
165,  166. 


695  COUNTY  OFFICERS.  5  4-^6 

Pre-emption  claims:    See  Civ.  Code,  sees.  1158  et  seq. 
Births  and  deaths:  Sees.  3077,  3079,  also  sec.  3080. 
What   may  be  recorded:   Civ.   Code,  sees.   1158-1165. 

§  4236.  Indexes  to  be  kept  by  recorder.  Every  recorder 
must  keep: 

■  1.  An  index  of  deeds,  grants  and  transfers,  labeled 
"Grantors,"  each  page  divided  into  four  columns,  headed 
respectively:  "Names  of  grantors,"  "Names  of  grantees," 
"Date  of  deeds,  grants,  or  transfers,"  and  "Where  re- 
corded." 

2.  An  index  of  deeds,  labeled  "Grantees,"  each  page 
divided  iuto  four  columns,  headed  respectively:  "Names 
of  grantees,"  "Names  of  grantors,"  "Date  of  deeds,  grants, 
or  transfers,"  and  "Where  recorded." 

3.  Two  indexes  of  mortgages,  labeled  respectively: 
"Mortgagors  of  real  property,"  "Mortgagors  of  personal, 
property,"  with  the  pages  thereof  divided  into  five  col- 
umns, headed  respectively:  "Names  of  mortgagors," 
"Names  of  mortgagees,"  "Date  of  mortgages,"  "Where  re- 
corded,"   "When   discharged." 

4.  Two  indexes  of  "Mortgagees,"  labeled  respectively: 
"Mortgagees  of  real  property,"  "Mortgagees  of  personal 
property,"  v^^ith  the  pages  thereof  divided  into  five  col- 
umns, headed  respectively:  "Names  of  mortgagees," 
"Names  of  mortgagors,"  "Date  of  mortgages,"  "Where  re- 
corded,"   "When    discharged." 

5.  Two  indexes  of  releases  of  •  mortgages,  labeled  re- 
spectively: "Releases  of  mortgages  of  real  property — 
Mortgagors,"  "Releases  of  mortgages  of  personal  property 
— Mortgagors,"  with  the  pages  thereof  divided  into  six 
columns,  headed  respectively:  "Parties  releasing,"  "To 
who  releases  are  given,"  "Date  of  releases,"  "Where  re- 
leases are  recorded,"  "Date  of  mortgages  released," 
"Where  mortgages   released   are   recorded." 

6.  Two  indexes  of  releases  of  mortgages,  labeled  re- 
spectively: "Releases  of  mortgages  of  real  property — 
Mortgagees,"  Releases  of  mortgages  of  personal  prop- 
erty— Mortgagees,"  with  the  pages  thereof  divided  into 
six  columns,  headed  respectively:  "Parties  whose  mort- 
gages are  released,"  "Parties  releasing,"  "Date  of  re- 
leases," "Where  recorded,"  "Date  of  mortgages  released," 
"Where    mortgages    released    are    recorded." 

7.  An  index  of  powers  of  attorney',  labeled  "Powers  or 
Attorney,"   each   page   divided   into   five    columns,    headed 


§  4236  COUNTY    OFFICERS.  aa» 

respectively:  "Names  of  parties  executing  the  powers," 
"To  whom  powers  are  executed,"  "Date  of  powers,"  "Date 
of   recording,"    "Where   powers   are   recorded." 

S:  An  index  of  leases,  labeled  "Leases,"  each  page  di- 
vided into  four  columns,  headed  respectively:  "Names  of 
lessors,"  "Names  of  lessees,"  "Date  of  leases,"  "When 
and    where    recorded." 

9.  An  index  of  leases  labeled  "Lessees,"  each  page  di- 
vided into  four  columns,  headed  respectively:  "Names  of 
lessees,"  "Names  of  lessors,"  "Date  of  leases,"  "When  and 
where   recorded." 

10.  An  index  of  marriage  certificates,  labeled  "Marriage 
certificates — Men,"  each  page  divided  into  six  columns, 
headed  respectively:  "Men  married,"  "To  whom  mar- 
ried," "When  married,"  "By  whom  married,"  "Where 
married,"    "Where    certificates    are.  recorded." 

11.  An  index  of  mai'riage  certificates  labeled  "Marriage 
certificates— Women,"  each  page  divided  into  six  columns, 
headed  respectively:  "Women  married"  (and  under  this 
head  placing  the  family  names  of  the  women),  "To  whom 
married,"  "When  married,"  "By  whom  married,"  "Where 
married,"  "Where  certificates  are  recorded." 

12.  An  index  of  assignments  of  mortgages  and  leases, 
labeled  "Assignments  of  mortgages  and  leases — As- 
signors," each  page  divided  into  five  columns,  headed 
respectively:  "Assignors,"  "Assignees,"  "Instruments  as- 
signed," "Date  of  assignments,"  "When  and  where  re- 
corded." 

13.  An  index  of  assignments  of  mortgages  and  leases, 
labeled  "Assignments  of  mortgages  and  leases — As- 
signees," each  page  divided  into  five  columns,  headed 
respectively:  "Assignees,"  "Assignors,"  "Instruments  as- 
signed," "Date  of  assignments,"  "Vvhen  and  where  re- 
corded." 

14.  An  index  of  wills  labeled  "Wills,"  each  page  di- 
vided into  four  columns,  headed  respectively:  "Names  of 
testators,"  "Date  of  wills,"  "Date  of  probate,"  "When  and 
where   recorded." 

15.  An  index  of  official  bonds  labeled  "Official  Bonds," 
each  page  divided  into  five  columns,  headed  respectively: 

'Names  of  officers,"  "Names  of  offices,"  "Date  of  bonds," 
"Amount  of  bonds,"  "When  and  where  recorded." 

IG.  An  index  of  notices  of  mechanics'  liens  labeled 
"Mechanics  Liens,"  each  page  divided  into  three  columns, 


997  COUNTY   OFT'ICERS.  §§  4237,  423S 

headed    respectively:  "Parties    claiming    liens,"    "Against 
v/hom   claimed."    "Notices   when   and   where   recorded." 

17.  An  index  to  transcripts  of  judgments,  labeled 
"Transcripts  of  judgments,"  each  page  divided  into  seven 
columns,  headed  respectively:  "Judgment  debtors," 
"Judgment  creditors,"  "Amount  of  Judgments,"  "Where 
recovered,"  "When  recovered,"  "When  transcript  filed," 
"When    judgment    satisfied." 

18.  An  index  of  attachments  labeled  "Attachments," 
each  page  divided  into  six  columns,  headed  respectively: 
"Parties  against  whom  attachments  are  issued,"  "Parties 
issuing  attachments,"  "Notices  of  attachments,"  "When 
recorded,"  "Where  recorded,"  "When  attachments  disi- 
charged." 

19.  An  index  of  notices  of  the  pendency  of  actions, 
labeled  "Notices  of  Actions,"  each  page  divided  into  three 
columns,  headed  respectively:  "Parties  to  the  actions," 
"Notices    when    recorded,"    "Where    recorded." 

20.  An  index  of  separate  property  of  married  women, 
labeled  "Separate  property  of  married  women,"  each  page 
divided  'into  five  columns,  headed  respectively:  "Names 
of  married  women,"  "Names  of  their  husbands,"  "Nature 
of  instruments  recorded,"  "When  recorded,"  "Where  re- 
corded." 

21.  An  index  of  pre-emption  claims,  labeled  "Pre-emp- 
tion Claims,"  each  page  divided  into  five  columns,  headed 
respectively:  "Claimants,"  "Notices,"  "When  received," 
"Date  of  notices,"  "When  and  where  recorded." 

22.  An  index  to  the  register  of  births  and  deaths  En 
March  12.  1872. 

Cal.   Rep.    Cit.     109,   182. 

§  4237.  Records  of  certificates  of  sale.  The  recorder 
must  keep  in  his  office  a  book  to  be  called  "Certificates 
of  Sale,"  and  record  therein  all  certificates  of  sale  of 
real  estate  sold  under  execution  or  under  order  made  in 
any  judicial  proceeding.  He  must  also  prepare  an  index 
thereto,  in  which  in  separate  columns  he  must  enter  the 
names  of  the  plaintiff  in  the  execution,  the  defendant  in 
the  execution,  the  purchaser  at  the  sale,  and  the  date  of 
the  sale.     En.   March  12.  1872. 

Cal.  Rep.   Cit.     75,   557. 

§  4238.  To  record  decrees  of  partition,  etc.  The  re- 
corder  must   file   and   record   with   the   record    of    deeds, 


§§   4239-4241  COUNTY    OFFICERS.  yjs 

grants,    and    transfers,    certified   copies   of   final    judgments 
or  decrees  partitioning  or  affecting  the  title  or  possession 
of   real    property,    any    part    of   which    is    situated    in    the 
county  of  which  he  is  recorder.     En.  March  12,  1872. 
Recording  judgments.     See  Civ.  Code,  sec.  1159. 

§  4239.  Filing  of  copy  to  impart  notice.  Every  such 
certified  copy  of  partition,  from  the  time  of  the  filing  the 
same  with  the  recorder  for  record,  imparts  notice  to  all 
persons  of  the  contents  thereof;  and  subsequent  pur- 
chasers, mortgagees,  and  lienholders.  purchase  and  take 
with  like  notice  and  effect  as  if  such  copy  of  decree  was 
a  duly  recorded  deed,  grant  or  transfer.  En.  March  12, 
1872. 

§  4240.  Combination  of  indexes,  and  arrangement  of 
names  therein.  The  recorder  may  keep  in  the  same 
volume  any  two  or  more  of  the  indexes  mentioned  in 
section  4236,  but  the  several  indexes  must  be  kept  distinct 
from  each  other,  and  the  volume  distinctly  marked  on  the 
outside  in  such  a  way  as  to  show  all  the  indexes  kept 
therein.  The  names  of  the  parties  in  the  first  cojumn  in 
the  several  indexes  must  be  arranged  in  alphabetical  or- 
der, and  when  a  conveyance  is  executed  by  a  sheriff,  the 
name  of  the  sheriff  and  the  party  charged  in  the  execu- 
tion must  both  be  inserted  in  the  index,  and  when  an 
instrument  is  recorded  to  which  an  executor,  adminis- 
trator, or  trustee,  is  a  party,  the  name  of  such  executor, 
administrator  or  trustee,  together  with  the  name  of  the 
testator  or  intestate  or  party  for  whom  the  trust  is  held, 
must  be  inserted  in  the  index,     n.  March  12,  1872. 

§  4241.  Recorder's  duty  on  receipt  of  instrument  to  be 
recorded.  When  any  instrument,  paper,  or  notice,  author- 
ized by  law  to  be  recorded,  is  deposited  in  the  recorder's 
office  for  record,  the  recorder  must  indorse  upon 
the  same  the  time  when  it  was  received,  noting  the  year, 
month,  day,  hour,  and  minute  of  its  reception  and  must 
record  the  same  without  delay  together  with  the  ac- 
knowledgments, proofs,  and  certificates,  written  upon  or 
annexed  to  the  same,  with  the  plats,  surveys,  schedule, 
and  other  papers  thereto  annexed,  in  the  order  and  as  of 
the  time  when  the  same  was  received  for  record,  and 
must  note  at  the  foot  of  the  record  the  exact  time  of  its 
reception,  and  the  name  of  the  person  at  whose  request 
it  was  recorded.    En.  March  12.  1872. 

Cal,  Rep.  Cit.     57,  401. 


991,  COUNTY    OFFICERS.  §§  4242-42^4 

§  4242.  Indorsing  book,  etc.,  when  record  made,  and 
returning  instrument.  He  must  also  indorse  upon  each  in- 
strument, paper,  or  notice,  the  time  when  and  the  book 
and  pages  in  whch  it  is  recorded,  and  must  thereafter 
deliver  it,  upon  request,  to  the  party  leaving  the  same 
for  record,  or  to  his  order.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     67,  58;     110,  194. 

§  4243.  Recorder  to  make  searches  and  furnish  certifi- 
cates thereof.  The  recorder  must,  upon  the  application  of 
any  person,  and  upcn  the  payment  or  tender  of  the  fees 
therefor,  make  searches  for  conveyances,  mortgages,  and 
all  other  inytruments,  papers,  or  notices  recorded  or  filed 
in  his  office,  and  furnish  a  certificate  thereof,  stating  the 
names  of  the  parties  to  such  instruments,  papers,  and 
notices,  the  dates  thereof,  the  year,  month,  day,  hour, 
and  minute  they  were  recorded  or  filed,  the  extent  lo 
which  tney  purport  to  affect  the  property  to  which  they 
relate,  and  the  book  and  pages  where  they  are  recorded. 
En.  March  12,  1872. 

Payment  or  tender  of  fees,  essential  prerequisite:  Post, 
sec.   4245. 

§  4244.  Liable  for  neglect  of  certain  duties.  If  any  re- 
corder to  whom  an  instrument,  proved  or  acknowledged 
according  to  law.  or  any  paper  or  notice  which  may  by 
law  be  recorded,  is  delivered  for  record: 

1.  Neglects  or  refuses  to  record  such  instrument,  paper, 
or  notice,  within  a  reasonable  time  after  receiving  the 
same;  or, 

2.  Records  any  instruments,  papers,  or  notices  untruly, 
or  in  any  other  manner  than  as  hereinbefore  directed;  or, 

3.  Neglects  or  refuses  to  keep  in  his  office  such  in- 
dexes as  are  required  by  this  article,  or  to  make  the 
proper  entries  therein;    or, 

4.  Neglects  or  refuses  to  make  the  searches  and  to 
give  the  certificate  required  by  this  article;  or  if  such 
searches  or  certificate  are  incomplete  and  defective  in 
any  important  particular  affecting  the  property  in  respect 
to  which  the  search  is  requested;  or, 

.5.  Alters,  changes,  or  obliterates  any  records  deposited 
in  his  oiRce,  or  inserts  any  new  matter  therein;  he  is 
liable  to  the.  party  aggrieved  for  three  times  the  amount 
of  the  damages  which  may  be  occasioned  thereby.  En. 
March  12,  1872. 


5§  4245-4248  COUNTT  OFFICERS.  UOO 

Records:  Offenses  concerning,  by  officer  having  the  cus- 
tody of  them:  Pen.  Code,  sec.  113.  By  any  person:  Pen. 
Code,  sees.  114,  115,  470,  471. 

§  4245.  Fees  to  be  prepaid.  He  is  not  bound  to  record 
any  instrument,  or  file  any  paper  or  notice,  or  furnL'^h  any 
copies,  or  to  render  any  service  connected  with  his  office, 
until  his  fees  for  the  same,  as  prescribed  by  law,  are,  if 
demanded,  paid  or  tendered.     En.  March  12,  1872. 

§  4246.  Records  to  be  open  for  inspection.  All  books  of 
record,  maps,  charts,  surveys,  and  other  papers  on  file  in 
the  recorder's  office,  must,  dui'ing  office  hours,  be  open  for 
the  inspection  of  any  person  who  may  desire  to  inspect 
them,  and  may  be  inspected  without  charge;  and  tho 
recorder  must  arrange  the  books  of  record  and  indexes 
in  his  office  in  such  suitable  places  as  to  facilitate  their 
inspection.     En    March   12,   1872. 

§  4247.  Recorder  to  return  or  destroy  contracts,  plans 
and  specification,  when.  After  the  expiration  of  two  years 
from  the  date  of  filing  in  the  recorder's  office  of  notice  of 
completion  of  any  building  or  improvement,  the  contract, 
plans  and  specifications  under  which  the  work  or  improve- 
ment was  performed  may  be  returned  by  the  recorder  to 
the  person  filing  the  same  tmless  the  recorder  has  been 
notified  in  writing  to  retain  the  same  by  some  one  claim- 
ing some  interest  under  stich  contract  or  in  the  property 
affected  thereby.  If  no  such  notice  be  given  the  recorder 
may,  after  the  expiration  of  said  two  years,  destroy  such 
contract,  plans  and  specifications.  But  in  the  cases  of 
such  contracts,  plans  and  specifications  as  have  been  filed 
heretofore:  two  years  after  this  section  goes  into  effect, 
the  recorder  may  destroy  all  such  contracts,  plans  or 
specifications  as  may  have  been  filed  five  years  theretofore, 
and  thereafter  may  continue  to  destroy  all  of  them  as 
soon  as  five  years  elapse  from  the  dates  when  they  were 
filed,  unless  th-:y  are  returned  to  the  party  filing  the  same, 
or  unless  notice  be  given  to  retain  them,  as  above  provided. 
En.  Stats.  1905,  8. 

§  4248.     Recordation    of    lost    or    destroyed    instruments. 

Subdivision  1.  Whenever  any  record  of  any  instrument 
has  been,  or  shall  hereafter  be,  lost,  injured  or  destroyed 
by  confiagration  or  other  public  calamity,  the  recorder  of 
such  county,  or  city  and  county  is  hereby  authorized  and 
directed  to  record  any  instrument  of  writing  entitled  to 


1001  COUNTY    OFFICERS.  S  ^'■^^ 

record  under  the  provisions  of  Article  VII,  Chapter  V,  Part 
VI,  of  this  code,  which  instrument  of  writing  had  been  pre- 
viously recorded  in  his  office.  In  recording  the  same,  the 
recorder  shall  record  ail  certificates  attached  thereto  and 
all  indorsements  thereon,  and  if  any  of  such  certificates 
or  indorsements  show  the  previous  recording  of  same  in 
the  county,  or  city  and  county,  v/here  said  instrument  is 
presented  for  record,  the  date  appearing  in  such  certificate 
or  instrument  of  such  record  shall  be  deemed  and  taken 
as  the  date  of  the  recording  thereof  in  said  county  or  city 
and  county,  where  said  instrument  is  presented  for  record. 
Such  record  and  certified  copies  thereof,  duly  certified 
by  the  recorder  of  any  such  county,  or  city  and  county,  un- 
der his  seal  of  office,  may  be  introduced  in  evidence,  with 
the  same  force  and  effect  as  the  original  record  or  certified 
copies  of  the  original  record. 

Subdivision  2.  Whenever  any  record  of  any  instrument 
has  been,  or  shall  hereafter  be,  lost  injured  or  destroyed  by 
conflagration  or  other  public  calamity,  the  recorder  of  such 
county,  or  city  and  county  is  hereby  authorized  and  di- 
rected, when  presented  to  him  for  record,  to  record  any 
instrument  of  writing  entitled  to  record  under  the  provi- 
sions of  Article  VII,  Chapter  V,  Part  IV,  of  this  Code,  which 
said  instrument  of  writing  shall  have  been  or  shall  be  duly 
certified  by  the  recorder  of  any  other  county,  or  city  and 
county,  of  this  state  as  being  of  record  in  this  office.  In 
recording  the  same,  the  recorder  shall  record  all  certi- 
ficates attached  thereto,  or  indorsements  thereon,  and  if 
any  of  such  certificates  or  indorsements  show  the  previous 
recording  of  the  same  in  the  county,  or  city  and  county, 
where  the  said  certified  copy  of  the  said  instrument  is 
presented  for  record,  the  date  appearing  in  such  certificate 
or  indorsement  of  such  record  shall  be  deemed  and  taken 
as  the  date  of  the  recording  thereof  in  said  county,  or  city 
and  county  recorder's  office,  v/here  the  said  certified  copy  is 
so  presented  for  record.  Said  record  and  certified  copies 
of  any  such  record,  duly  certified  by  the  recorder  of  any 
such  county,  or  city  and  county,  under  his  seal  of  office, 
may  be  introduced  in  evidence  with  the  same  force  and 
effect  as  the  original  record  or  certified  copies  of  the  ori- 
ginal  record. 

Subdivision  3.  Such  county,  or  city  and  county  recorder 
shall  be  entitled,  for  his  services  hereunder,  to  receive  the 
same  amount  of  fees  as  he  is  entitled  to  receive  for  the 
recording  of  instruments  of  like  character.  En.  June  16, 
1906. 


§  4256  COUNTY    OFFICERS.  i<W!i 

ARTICLE  VIII. 

DISTRICT   ATTORNEY. 

§  4256.  Duties   of  district  attorney. 

§  4257.  Legal  adviser  of  supervisors. 

§  4258.  Must  not  advocate  claims  against  his  own  county. 

§  4259.  Qualifications    of    district    attorney. 

§  4256.  Duties  of  district  attorney.  The  district  attor- 
ney is  the  public   prosecutor,   and   must: 

1.  Attend  the  district  and  county  courts,  and  conduct, 
on  behalf  of  the  people,  all  prosecutions  for  pubic  of- 
fenses; 

2.  Institute  proceedings  before  magistrates  for  the  ar- 
rest of  persons  charged  with  or  reasonably  suspected  of 
public  offenses,  when  he  has  information  that  any  such 
offenses  have  been  committed ;  and  for  that  purpose,  when 
not  engaged  in  criminal  proceedings  in  the  district  or 
county  court,  must  attend  upon  the  magistrates  in  cases 
of  arrest,  when  required  by  them,  and  attend  before  and 
give  advice  to  the  grand  jury,  whenever  cases  are  pre- 
sented to  them  for  their  consderation; 

3.  Draw  all  indictments,  defend  all  suits  brought  against 
the  state  or  his  county,  prosecute  all  recognizances  for- 
feited in  the  courts  of  record,  and  all  actions  for  the  re- 
covery of  debls,  fines,  penalties,  and  forfeitures  accruing 
to  the  state  or  his  county: 

4.  Deliver  receipts  for  money  or  property  received  in 
his  oflBcial  capacity,  and  file  duplicates  thereof  with  the 
county  treasurer; 

5.  On  Ihe  first  Mondays  of  January,  April,  July,  and 
October,  in  each  year,  file  with  the  Auditor  an  account, 
verified  by  his  oath,  of  all  moneys  received  by  him  in  his 
oflBcial  capacity  during  the  preceding  three  months,  and 
at  the  same  time  pay  it  over  to  the  county  treasurer; 

6.  Give  when  required,  and  without  fee,  his  opinion  (in 
writing)  to  county,  district,  and  township  ofiicers,  on  mat- 
ters relating  to  the  duties  of  their  respective  offices;  and, 

7.  Keep  a  register  of  official  business,  in  which  must  be 
entered  a  note  of  every  action,  whether  criminal,  or  civil, 
prosecuted  officially,  and  of  the  proceedings  therein; 

8.  Perform  such  other  duties  as  are  prescribed  by  law. 
En.   March   12,   1872.     Am'd.   1880,   102. 

Cal.  Rep.  Cit.  56.3;  61.  2o3;  74,476;  109,518.  Subd.  2— 
47,  479.  Subd.  3—63,  410;  67,  258;  72,  523.  Subd. 
4—67,  253. 


1003  COUNTY     OFFICERS.  §§  4257-42(iS 

Amendment  of  1880  was  held  unconstitutional;  See 
sec.  4000,  note.     Section  in  force  inserted  above. 

Fees  and  salaries  of  district  attorneys:  See  sec.  4330, 
post. 

Assignments  to:  See  post,  Appendix,  title  District  At- 
torneys. 

§  4257.  Legal  adviser  of  supervisors.  The  district  at- 
torney is  the  legal  adviser  of  the  board  of  supervisors.  He 
must  attend  their  meetings  v/hen  required,  and  must  at- 
tend and  oppose  all  claims  and  accounts  against  the 
county  when  he  deems  them  unjust  or  illegal.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     74,  47f5;    116,  621. 

§  4258.  Must  not  advocate  claims  against  his  own 
county.  The  district  attorney,  except  for  his  own  services, 
must  not  present  any  claim,  account,  or  demand  for  allow- 
ance against  the  county,  nor  in  any  way  advocate  the  relief 
asked  on  the  claim  or  demand  made  by  another.  En. 
March   12,    1872. 

Cal.  Rep.  Cic.     74,  476. 

§  4259.  Qualifications  of  district  attorney.  No  person 
shall  hold  the  office  of  district  attorney  who  has  not  been 
admitted  by  the  superior  court  of  this  state  to  practice  as 
an  attorney  and  counselor  at  law.     En.  Stats.  1891,  287. 


ARTICLE  IX. 

SURVEYOR. 

§  42G8.     County    survpyor   to    make    surveys,    keep   record,    furnish    copies, 

etc. 
§  42G9.     Surveys   of   lands   in   two  counties. 

§  4270.     Order  for  survey  wiiere  title  to   lands   in   two  counties  disputed. 
§  4271.     Courses   to   be   run   by   true   meridian ;    variation   noted. 
§  4272.     Surveyor   to  employ  assistants,    when. 
§  4273.     Surveyor  to   transmit   to   survej'or-general   plats    and   Held   notes, 

and    give    information. 
§  4274.    To   assist  surveyor-general,    when. 
§  4275.     Disinterested   person,    when   to   act   in    place   of   county   surveyor. 

§  4268.  County  surveyor  to  make  surveys,  keep  record, 
furnish  copies,  etc.  The  surveyor  must  make  any  survey 
that  may  be  required,  by  the  order  of  court,  or  upon  ap- 
plication of  any  person,  keep  a  correct  and  fair  record  of 
all  surveys  made  by  him,  number  them  in  the  order  made 
progressively,   and  preserve  a  copy  of  the  field  notes  and 


§§  4269-4273  COUNTY  OFFICERS.  X004 

calculations  of  each  survey,  indorse  thereon  its  proper 
number,  a  copy  of  which,  and  a  fair  and  accurate  plat,  to- 
gether with  the  certificate  of  survey,  must  be  furnished  by 
him  to  any  person  upon  payment  of  the  fees  allowed  by 
law.     En.  March  12,  1872. 

Order  of  court  for  survey:    See  post,  sec.  4270. 

§  4269.  Surveys  of  land  in  two  counties.  Any  person 
owning  or  claiming  lands  which  are  divided  by  county 
lines,  and  wishing  to  have  the  same  surveyed,  may  apply 
to  the  surveyor  of  any  county  in  whch  any  part  of  such 
land  is  situated,  and  on  such  application  being  made  the 
surveyor  must  make  the  survey,  which  is  as  valid  as 
though  the  lands  were  situated  entirely  within  the  county. 
En.  March  12,  1872. 

§  4270.  Order  for  survey  where  title  to  lands  in  two 
counties  disputed.  When  land,  the  title  to  which  is  in 
dispute  before  any  court,  is  divided  by  a  county  line,  the 
court  making  an  order  of  survey  may  direct  the  order  to 
the  surveyor  of  any  county  in  which  any  part  of  the  land 
is  situated.    En.  March  12,  1872. 

§  4271.  Course  to  be  run  by  true  meridian;  variation 
noted.  In  all  surveys  the  courses  must  be  expressed  ac- 
cording to  the  true  meri'dian,  and  the  variation  of  the 
magnetic  meridian  from  the  true  meridian  must  be  ex- 
pressed on  the  plat,  with  the  date  of  the  survey.  En. 
March  12,  1872. 

§  4272.  Surveyor  to  employ  assistants,  when.  If  a 
party  for  whom  a  survey  is  made  does  not  furnish  the 
chainman  and  markers,  the  surveyor  may  employ  the 
necessary  chainmen  and  markers,  and  receive  the  reason- 
able hire  of  all  assistance  necessarily  employed.  En. 
March  12,  1872. 

§  4273.  Surveyor  to  transmit  to  surveyor-general  plats 
and  field  notes,  and  give  information.  Each  county  sur- 
veyor, immediately  after  making  any  survey,  except  sur- 
veys of  city  or  town  lots,  must  make  out  a  copy  of  the 
field  notes  and  plat,  and  transmit  the  same  to  the  sur- 
veyor-general, indicating  plainly  upon  the  plat  at  what 
point  of  any  line  any  river  or  stream  or  county  line  is 
touched  or  crossed.  He  must  communicate  to  the  sur- 
veyor-general such  information  concerning  surveys  made 
by  him,  and  other  matters  connected  with  the  duties  of 
his  office,  as  may  be  required.    En.  March  12,  1872, 


1003  COUNTY   OFFICERS.  S§  4274-4288 

§  4274.  To  assist  surveyor-gene-al,  when.  Each  county 
surveyor  must,  when  required,  aid  and  assist  the  surveyor- 
general  in  making  surveys  within  the  county.  En.  March 
12.  1872. 

§  4275,  Disinterested  person,  when  to  act  in  place  of 
county  surveyor.  When  the  county  surveyor  is  interested 
in  any  land,  the  title  to  which  is  in  dispute  and  a  survey 
thereof  is  necessary,  the  court  must  direct  the  survey  to 
be  made  by  some  disinterested  person,  and  the  person  so 
appointed  is  for  that  purpose  authorized  to  administer  and 
certify  oaths.  He  must  return  such  survey,  verified  by 
his  affidavit  annexed  thereto,  and  receive  for  his  services 
the  same  fees  as  the  county  surveyor  would  be  entitled 
to  for  similar  services.    En.  March  12,  1872. 

ARTICLE  X. 

CORONER. 

§  42S5.  Coroner   to   hold   inquest. 

§  42S6.  Coroner   to   bury   body,    when;    expenses  of   Interment. 

§  42S7.  To   deliver   to   county   treasurer,    etc.,    property   found   on    body. 

§  42S,S.  Statement   before  auditing  accounts  of  coroner. 

§  42S9.  Justice    of   peace   to   act  as   coroner   in   certain   cases. 

§  4290.  Coroner  to  discharge   duties   of   sheriff,    when. 

§  4291.  No  section. 

§  4292.  Coroner  may  subpoena  physician  or  chemist. 

§  4285.  Coroner  to  hold  'inquest.  The  coroner  must 
hold  inquests  as  prescribed  in  chapter  II,  title  XII,  part  II 
of  the  Penal  Code.     En.  March  12,  1872. 

Coroner's  inquests  and  duties  of  coroners:  See  Pen. 
Code,  sees.  1510-1519. 

§  4286.  Coroner  to  bury  body,  when;  expenses  of  inter- 
ment. i\''hen  an  inquest  is  held  'by  the  coroner,  and  no 
other  person  takes  charge  of  the  body  of  the  deceased,  he 
must  cause  it  to  be  decently  interred;  and  if  there  is  not 
suflEicient  property  belonging  to  the  estate  of  the  deceased 
to  pay  the  necessary  expenses  of  the  burial,  the  expenses 
are  a  legal  charge  against  the  county.     En.  March  12,  1872. 

§  4287.  To  deliver  to  county  treasurer,  etc./  property 
found  on  body.  The  coroner  must,  within  thirty  days  after 
an  Inquest  upon  a  dead  body,  deliver  to  the  county  treas- 
urer or  the  legal  representatives  of  the  deceased  any  money 
or  other  property  found  upon  the  body.  En.  March  12, 
1872. 

§  4288.  Statement  before  auditing  accounts  of  coroner. 
Before  auditing  or  allowing  the  accounts  of  the  coroner, 


§§  42S9-4292  COUNTY     OFFICERS.  1006 

the  supervisors  must  require  him  to  file  with  the  clerk  of 
the  board  a  statement  in  writing,  verified  by  his  affidavit, 
showing: 

1.  The  amount  of  money  or  other  property  belonging  to 
the  estate  of  the  deceased  person  which  has  come  into 
his  possession  since  his  last  statement. 

2.  The  disposition  made  of  such  property.  En.  March 
12,  1872. 

§  4289.  Justice  of  peace  to  act  as  coroner  in  certain 
cases.  If  the  office  of  coroner  is  vacant,  or  he  is  absent 
or  unable  to  attend,  the  duties  of  his  office  may  be  dis- 
charged by  any  justice  of  the  peace  of  the  county,  with 
the  like  authority  and  subject  to  the  same  obligations  and 
penalties  as  the  coroner.     En.  March  12,  1872. 

§  4290.     Coroner   to     discharge    duties   of    sheriff,   when. 

In    the   cases   specified  in  article   IV  of  this   chapter,   the 
coroner  must  discharge  the  duties  of  sheriff.     En.  March 
12,  1872. 
Coroner  as  sheriff:    Ante,  sec.  4191. 

§  4291.     [No  section.] 

§  4292.     Coroner   may    subpoena     physician    or  chemist. 

The  coroner,  or  other  officer  holding  an  inquest  upon  the 
body  of  a  deceased  person,  may  subpoena  a  physician  or 
surgeon  to  inspect  the  body,  or  a  chemist  to  make  an 
analysis  of  the  contents  of  the  stomach  or  the  tissues  of 
the  body  of  the  deceased,  and  to  give  a  professional  opinion 
as  to  the  cause  of  the  death.-  Any  physician,  surgeon,  or 
chemist  professionally  attending  as  a  witness  on  an  in- 
quest, or  upon  a  trial  of  -any  person  charged  with  murder 
or  manslaughter,  or  in  cases  of  inquiry  into  the  lunacy  or 
insanity  of  any  person,  as  above  provided,  shall  be  al- 
lowed a  reasonable  compensation  for  such  attendance  or 
examination  by  the  board  of  supervisors,  upon  the  written 
certificate  of  the  court  or  officer  requiring  such  services, 
as  to  the  extent  and  value  of  the  same;  but  such  certifi- 
cate shall  not  be  conclusive  as  to  the  amount  of  compen- 
sation.- En.  Stats.  1880,  103. 

Cal.  Rep.  Cit.     56,  4. 

Amendment  of  1880  which  added  this  section  was  de- 
clared unconstitutional;   see  section  4000,  note. 


loot  SAT.ARIES   AND   FRES   OF  OFFICE.  H  4.1O0-4:!O4 


ARTICLE  XI. 

ASSESSORS.  TAX  COLLECTORS,  SCHOOL  SLl  FEKl^TE^^Ui!;NTS 
PUBLIC  ADMINISTRATORS,  AND  COMMISSIONER  OF  HIGH- 
WAYS. 

!;  4S00.  Duties  of   assessor. 

g  VMH.  Duties  of   tax    collector. 

j  4:i02.  Duties  of    school    superintendents. 

S  4:J03.  Duties  of   public    administrator. 

§  4:W4.  Duties  of    iiuiimissioner   of    highways    and    road    overseers. 

§  4300.  Duties  of  assessor.  The  assessor  must  perform 
such  duties  as  are  prescribed  in  title  IX,  part  III  of  thi-^ 
code.     En.  March  12,  1872. 

Duties  of  assessor:  See  ante.  sees.  3627-3663,  3820-3831, 
3839-3862. 

§  4301.  Duties  of  tax  collector.  The  tax  collector  must 
perform  such  duties  as  are  prescribed  in  title  IX,  part  III 
Of  this  code.     En.  March   12,  1872. 

Cal.  Rep.  Cit.     112,  71;    112,  72. 

Duties  of  tax  collector:    See  ante,  sees.  3746-3810. 

Tax  collector  generally:    Ante,   sec.  3746. 

§  4302.  Duties  of  school  superintendents.  The  school 
superintendent  must  perform  such  duties  as  are  prescribed 
in  title  III,  part  III  of  this  code.     En.  March  12.  1872. 

Duties  of  school  superintendent:  Ante,  sec.  1532,  1543- 
1553. 

§  4303.  Duties  of  public  administrator.  The  public  ad- 
ministrator must  perform  such  duties  as  are  prescribed  in 
chapter  XIII,  title  XI,  part  III  of  the  Code  of  Civil  Pro- 
cedure.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     146,  592. 

Public  administrator:  See  Code  Civ.  Proc,  sees.  1726- 
1744. 

§  4304.  Duties  of  commissioner  of  highways  and  road 
overseers.  The  commissioner  of  highways  and  road  over- 
seers must  perform  such  duties  as  are  prescribed  in  title 
VI,  part  III,  of  this  code.  En.  March  12,  1872.  Rep.  1880, 
103.     [See  note  below.] 

Cal.   Rep.   Cit.     56,  4. 

Repealing  act  of  1880  Was  declared  unconstitutional: 
See  sec.  4000,  note.     Section  in  force  inserted  above. 

Public  ways:   See  ante,  sees.  2348-2948. 


§§  4314-4S16  SALARIES   AND   FEES   OF  OFFICE. 


ARTICLE    XII. 

COXST.A.BLE3,    JUSTICES   OF   THE   PEACE,    --WD    INFERIOR    OFi?!- 

CERS. 

§  4314.     Constables   to   attend   justices'    courts. 

§  4313.     Governed   by    the   law   prescribing   sheriff's   duties. 

§  4316.     Duties   of  justices   of   the   peace. 

§  4314.  Constables  to  attend  justices'  court.  Consta- 
bles must  attend  the  courts  of  justices  of  the  peace  within 
their  townships  whenever  so  required,  and  within  their 
counties  execute,  serve,  and  return  all  process  and  notices 
directed  oi  delivered  to  them  by  a  justice  of  the  peace  of 
such  county  or  by  any  competent  authority.  En.  March 
12,  1872.     Am'd.  1880,  103. 

Cal.  Rep.  Cit.     56,  4. 

Amendment  of  1880  was  declared  unconstitutional:  See 
sec.  4000,  note.     Section  in  force  inserted  above. 

Constable,  deputies,  may  appoint:  See  ante,  sees.  876, 
877. 

Justices'  courts:  See  Code  Civ.  Proc,  sees.  85-115,  832- 
926. 

i  4315.     Governed  by  the  law  prescribing  sheriff's  duties. 

All  the  provisions  of  article  IV  of  this  chapter,  except  the 
fourth  and  sixth  subdivisions  of  section  4176,  apply  to 
constable^:  and  govern  their  powers,  duties  and  liabilities. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     59,  493. 

Provisions  applicable:    See  ante,  sees.  4175-4193. 

§  4316.  Duties  of  justices  of  the  peace.  Justices  of  the 
peace  must  perform  such  duties  as  are  prescribed  in  title 
XI,  part  II,  of  the  Code  of  Civil  Prooedure,  and  such  other 
duties  as  are  prescribed  by  law.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     88,  410. 

Justices  of  the  peace  and  justices'  courts  in  general: 
Code  Civ.  Proc,  sees.  110-115.  Proceedings  in  justices' 
court:  Code  Civ.  Proc,  sees.  832-926. 


1009  SALARIES  AND   FEES  OF   OFFICE.  §§  4328,  43L'a 

CHAPTER   IV. 

SALARIES  AND  FEES  OF  OFFICE. 

§  4328.  Salaries    of   county   judges   and    district   attorneys. 

§  4329.  Salary   of   county   judges   fixed.     (Repealed.) 

§  4330.  Salary    of   district   attorneys   fixeJ. 

§  4331.  Continuing   acts   fixing   salaries  and   fees   of  county   officers. 

§  4332.  Officer  not   to  perform  service  unless  fees  are  paid. 

§  4333.  No  charge   to  be  made  in  proceedings  on  habeas  corpus. 

§  4334.  Fees  to  be  paid  to  treasurer. 

§  4328.     Salaries  of  county  judges  and  district  attorneys. 

The  salaries  of  county  judges  and  district  attorneys  must 
be  paid  monthly  from  the  county  treasury,  on  the  war- 
rants of  the  county  auditor.  Their  salaries  are  fixed  in 
the  succeeding  sections  of  this  chapter.  En.  March  12, 
1872.     Am'd.  1S80,  104. 

Cal.  Rep.  Cit.     56,  4. 

Amendment  of  1880  was  declared  unconstitutional:  See 
sec.  4000,  note.     Section  in  force  inserted  above. 

§  4329.  Salary  of  county  judges  fixed.  (Repealed.)  En. 
March  12,  1872.     Am'd.  1880,  104.     Rep.  1880,  1. 

Cal.  Rep.  Cit.     56,  4. 

Amendment  of  1880,  104,  was  declared  unconstitutional: 
See  sec.  4000,  note. 

The  section  formerly  in  force  was  as  follows: 

The  salaries  of  county  judges  are  as  follows: 

1.  Of  San  Francisco,  five  thousand  dollars; 

2.  Of   Sacramento,   three   thousand  dollars; 

3.  Of   Alameda,    twenty-five   hundred    dollars; 

4.  Of  Nevada  and  Yuba,  twenty-four  hundred  dollars; 

5.  Of  Amador,  Los  Angeles,  Napa,  Placer,  San  Joaquin, 
Santa  Clara,  Solano,  and    Sonoma    two    thousand    dollars; 

6.  Of  Butte,  Colusa,  Contra  Costa,  El  Dorado,  Marin, 
Mendocino,  Merced,  Siskiyou,  Stanislaus,  Sutter,  Tehama, 
and  Yolo,  fifteen  hundred  dollars; 

7.  Of  Calaveras,  Fresno,  Humboldt,  Kern,  Mariposa, 
Monterey,  Plumas,  San  Luis  Obispo,  Santa  Barbara,  Santa 
Cruz,  Shasta,  Sierra,  and  Tuolumne,  twelve  hundred  dol- 
lars; 

8.  Of  Alpine,  Klamath,  Lake,  Lassen,  San  Diego,  San 
Mateo,  Trinity,  and  Tulare,  one  thousand  dollars;   and, 

9.  Of  Del  Norte,  Inyo,  Mono,  and  San  Bernardino,  eight 
hundred  dollars.  ^ 

Salaries  of  judges:   The  constitution  of  California  makes 
provision  for  the  amount  of  the  salary  of    a    judge,  and 
Pol.    Code — 64 


§§  4330-433::  SALARIES   AND    FEES    OF   OFFICE.  lUlO 

thereby     supersedes     this     section:     Const.    Cal.,    art.    VI, 
sec.  17. 

For  such  salaries:    See  ante,  sees.  737,  738. 

§  4330.  Salary  of  district  attorneys  fixed.  The  annual 
salaries  of  district  attorneys  are  as  follows: 

First — Of  San  Francisco,  five  thousand  dollars. 

Second — Of  Sacramento,  thirty-six  hundred  dollars. 

Third — Of  Los  Angeles,  three  thousand  dollars. 

Fourth — Of  San  Joaquin,  Santa  Clara  and  Alameda, 
twenty-five  hundred   dollars. 

Fifth — Of  Butte,   seventeen  hundred   dollars. 

Sixth — Of  Nevada,  two  thousand  dollars;  and  of  Colusa, 
eighteen  hundred  dollars. 

Seventh — Of   Sonoma,   eighteen   hundred   douars. 

Eighth — Of  El  Dorado,  Placer,  Amador,  Marin,  Contra 
Costa,  Tuolumne,  Napa,  Yolo,  Yuba,  and  Santa  Cruz,  fif- 
teen hundred  dollars. 

Ninth — Of  Mariposa,  Merced,  San  Mateo,  Shasta,  Siski- 
you, Stanislaus,  Tehama,  Fresno,  Kern,  Mendocino,  San 
Luis  Obispo,  Santa  Barbara,  Tulare,  San  Diego,  ana 
Plumas,    twelve    hundred    dollars. 

Tenth  -Of  Monterey,  Sutter,  Trinity,  Sierra,  and  Cala- 
veras,  one  thousand  doilars. 

Eleventh — Of  Inyo,  and  Lassen,  eight  hundred  dollars. 

Twelfth — Of  Del  Norte,  Humboldt,  Klamath,  Lake,  and 
San   Bernardino,    seven   hundred   dollars. 

Thirteen — Of  Alpine,  six  hundred  dollars. 

Fourteenth — Of  Mono,  five  hundred  dollars.  En.  March 
12,   1872.     Am'd.   1871-2,  653. 

Cal.  Rep.  Cit.     45,  49. 

§  4331.  Continuing  acts  fixing  salaries  and  fees  of 
county  officers.  Nothing  in  this  code  not  contained  in  this 
chapter  affects  any  of  the  provisions  of  the  statutes  relat- 
ing to  the  compensation,  salaries,  or  fees  of  county  or 
township  officers;  but  all  such  statutes  are  recognized  as 
continuing  in  force,  notwithstanding  the  provisions  of  this 
code,  except  so  far  as  they  are  affected  by  or  are  inconsis- 
tent with  the  provisions  of  this  chapter.  En.  March  12, 
1872. 

Cal.  Rep.  Cit.     50,  118. 

§  4332.  Officer  not  to  perform  service  unless  fees  are 
paid.  The  officers  mentioned  in  this  title  are  not  in  any 
ciise,  except  for  the  state  or  county,  to  perform  any  official 


11  OTHER    COUNTY    CHARGES.  §§  433;i,  4;iU 

jrvices,  unless  upon  the  prepayment  of  the  fees  pre- 
;ribed  foi'  such  services,  except  as  in  the  succeeding  see- 
on  provided  by  law;  and  on  such  payment  the  officer 
lust  perform  the  services  required.  For  every  failure  or 
ifusal  to  perform  official  duty  when  the  fees  are  tendered, 
18  officer  is  liable  on  his  official  bond.  En.  March  12, 
572. 
Cal.  Rep.  Cit.     57,  506. 

§  4333.     No  charge  to  be  made  in  proceedings  on  habeas 

Drpus.  No  fee  or  compensation  of  any  kind  must  be 
larged  or  received  by  any  officer  for  duties  performed  or 
?rvices  rendered  in  proceedings  upon  habeas  corpus.  En. 
:arch  12,  1872. 

§  4334.  Fees  to  be  paid  to  treasurer.  In  all  cases  in 
hich  any  provision  of  law  authorizes  an  officer  who  re- 
vives a  salary  to  perform  an  official  act,  and  he  performs 
ich  act,  all  fees  chargeable  for  the  performance  of  such 
2t  shall  be  collected  by  him  and  paid  over  to  the  treas- 
rer  or  other  officer  authorized  by  law  to  receive  the  same. 
n.  Stats.  1891,  67. 

Cal.  Rep.  Cit.     104,  66. 

CHAPTER  V. 

OTHER    COUNTY    CHARGES. 

4343.  County    charges    to   be    audited. 

4344.  Enumpiation   of   county   charges. 

4345.  Costs   on    removal    of   criminal   actions. 

4346.  Proceedings   in    collection    of   such    costs. 

4347.  Actions   to   which   such    provisions   apply. 

4S48.     Officers   entitled   to   fees.     Compensation   of   supervisors. 

§  4343.  County  charges  to  be  audited.  Accounts  for 
ounty  charges  of  every  description  must  be  presented  to 
ae  board  of  supervisors  to  be  audited,  as  prescribed  in 
rticle  III,  [chapter  II]  title  II,  part  IV,  of  this  code.  En. 
larch  12,  1872. 

Presenting  accounts  for  county  charges  to  be  audited: 
ee  article  III  of  chapter  II,  and  especially  ante,  sees.  4072- 
074. 

§  4344.  Enumeration  of  county  charges.  The  following 
re  county  charges: 

1.  Charges  incurred  against  the  county  by  virtue  of  any 
rovision  of  this  title; 


§§  4345,  4346  OTHER    COUNTY   CHARGES.  W12 

2.  The  compensation  of  the  district  attorney,  and  all  ex- 
penses necessarily  incurred  by  him  in  criminal  cases  aris- 
ing within  the  county; 

3.  The  compensation  allowed  by  law  to  sheriffs  and  con- 
stables for  executing  process  on  persons  charged  with 
criminal  offenses;  for  services  and  expenses  in  conveying 
criminals  to  jail;  for  service  of  subpoenas  issued  by  dis- 
trict attorneys,  and  for  other  services  in  relation  to  crim- 
inal proceedings  for  which  no  specific  compensation  is 
prescribed  by  law; 

4.  The  expenses  necessarily  incurred  in  the  support  of 
persons  charged  with  or  convicted  of  crimes  and  com- 
mitted therefor  to  the  county  jail; 

5.  The  sums  required  by  law  to  be  paid  to  grand  jurors 
and    indigent    witnesses    in    criminal    cases; 

6.  The  accounts  of  the  coroner  of  the  county  for  such 
services  as  are  not  provided  to  be  paid  otherwise; 

7.  All  charges  and  accounts  for  services  rendered  by  any 
justice  of  the  peace  for  services  in  the  examination  of 
persons  charged  with  crime  not  otherwise  provided  for 
by  law; 

8.  The  necessary  expenses  incurred  in  the  support  of 
county  hospitals  and  the  indigent  sick  and  the  otherwise 
dependent  poor  whose  support  is  chargeable  to  the  county; 

9.  The  contingent  expenses  necessarily  incurred  for  the 
use  and  benefit  of  the  county; 

10.  Every  other  sum  directed  by  law  to  be  raised  for 
any  county  purpose  under  the  direction  of  the  board  of 
supervisors,  or  declared  to  be  a  county  charge; 

11.  The  salary  of  the  commissioner  of  highways  must 
be  paid  at  the  close  of  each  quarter.  En.  March  12,  1872. 
Am'd.  1880,  104. 

Cal.    Rep.    Cit.     56,    4;    67,   336. 

Amendment  of  1880  declared  unconstitutional:  See  note 
to  sec.  4000.     Section  in  force  inserted  above. 

§  4345.  Costs  on  removal  of  criminal  actions.  When  a 
criminal  action  is  removed  before  trial,  the  costs  accruing 
upon  such  removal  and  trial  shall  be  a  charge  against  the 
county  in  which  the  indictment  was  found.  En.  Stats. 
1873-4,  175. 

§  4346.  Proceedings  in  collection  of  such  costs.  The 
clerk  of  the  county  to  which  such  action  is  removed  shall 
certify  the  amount  of  costs  allowed  and  certified  by  the 
court  to  the  auditor  of  his  county,  and  such  auditor  shall 
audit  the  same  and  draw  his  warrants  therefor  upon  the 


1013  OTHER    COUNTY    CHARGES.  J§  4347 -«48 

treasurer  of  the  county  from  which  such  action  was  re- 
moved, and  such  auditor  shall  forward  to  said  treasurer 
and  auditor  of  the  county  from  which  said  action  was 
transferred  as  aforesaid,  a  certified  copy  of  the  total 
amount  of  costs  allowed  by  the  court,  giving  each  item  as 
certified  to  him  by  the  county  clerk  and  the  court;  and  the 
auditor  receiving  such  certified  copy  of  said  costs  al- 
lowed, shall  enter  the  same  in  his  books  as  a  charge 
against  the  treasurer  of  his  county,  and  the  county  treas- 
urer of  the  county  from  which  such  action  was  removed 
must  immediately  upon  presentation  pay  said  warrant  out 
of  the  general  fund  of  said  county;  or  if  at  the  time  of 
presentation  there  is  not  sufficient  moneys  in  the  said 
general  fund  to  pay  the  same,  he  must  indorse  upon  said 
warrant,  "Not  paid  for  v/ant  of  funds,"  and  said  warrant 
must  be  registered,  and  shall  draw  interest  at  the  same 
rate  and  be  paid  in  the  same  manner  as  though  it  had  been 
drawn  by  the  auditor  of  the  county  where  the  indictment 
was  found.     En.  Stats.  1873-4,  175. 

§  4347.  Actions  to  which  such  provisions  apply.  Sec- 
tions four  thousand  three  hundred  and  forty-five  and  four 
thousand  three  hundred  and  forty-six  of  this  code  suall 
apply  to  all  criminal  actions  which  have  been  or  may  be 
removed  for  trial  since  the  first  day  of  January,  eighteen 
hundred  and  seventy-three.     En.  Stats.  1873-4,  176. 

§  4348.  Officers  entitled  to  fees.  Compensation  of  su- 
pervisors. The  county  surveyor,  coroner,  and  justice  of 
the  peace,  and  constables,  receive  fees  and  commissions 
which  are  prescribed  by  law,  which  fees  and  commissions 
shall  be  in  full  payment  for  all  services  rendered  by  them. 
Each  member  of  the  board  of  supervisors  shall  receive  five 
dollars  a  day  for  each  day  necessarily  employed  in  at- 
tending the  sessions  of  the  board,  and  twenty  cents  a 
mile  in  traveling  to  and  from  his  residence  to  the  county 
seat;  provided,  that  no  charge  shall  be  made  for  more 
than  one  trip  at  term  of  the  board;  and  provided  further, 
that  such  per  diem  and  mileage  shall  not  exceed  in  the 
aggregate  the  sum  of  eight  hundred  dollars  per  annum 
for  any  one  of  such  supervisors.     En.  Stats.  1880,  104. 

Cal.  Rep.  Cit.     56,  4. 

Amendment  of  1880,  by  which  this  section  was  added, 
was   declared   unconstitutional:   See   ante,    sec.    4000,    note. 


§§  4354,  4355  CITIES    AS    BODIES    CORPORATE.  lOlJ 

TITLE  III. 

THE  GOVERNMENT  OF  CITIES. 

Chapter  I.     Cities   as  Bodies   Corporate,    §§   4354-4374. 
II.     Executive   Powers,    §§    4385-4393. 
III.     Legislative    Powers,    §§    4403-4414. 
rv.     Judicial    Powers,    §§    4424-4432. 
V.     Certain  Statutes  Relating  to  Cities  and  Towns 
and       Existing       Corporations       Continued. 
§  4442. 
VI.     Funding  and   Refunding  of  City   Indebtedness, 
§§    4445-4449. 

CHAPTER    I. 

CITIES    AS    BODIES    CORPORATE. 

§  4354.  City   is   body   politic   and   corporate;   powers. 

§  4355.  Distribution     of     powers. 

§  4356.  City    declared   by    legislature. 

§  4357.  Boundaries,    how    changed. 

§  43.5S.  Petition   to   supervisors.     (Repealed.) 

§  435M.  Undertaking  for  expenses  of  election.     (Repealed.) 

§  43G0.  Supervisois   to  order  an   election.     (Repealed.) 

§  4361.  Notice   of   election,    etc.     (Repealed.) 

§  4362.  Ordinance    approving    such   annexation.     (Repeale.I.) 

§  4363.  Order  of  supervisors,   etc.     (Repealed.) 

§  4364.  Expenses   of   election,    how   paid.     (Repealed.) 

§  4'365.  Certified  copies  of  ordinance  to  be  transmitted  and  filed.  (Re- 
pealed.) 

§  4366.  Act   to"  fix  time   of   the   first   election. 

§  4367.  Notice    of   election   and   canvass   of   returns. 

§  4368.  Who   are   entitled   to  vote  at   city   elections. 

§  4369.  Common  council  to  provide  for  election  and  appointment  of 
city  officers. 

§  4370.  Elective    officers    of    cities. 

5  4371.  Direct    taxes    limited. 

§  4372.  Condemnation  of  private  property   for  city  use. 

!)  4.373.  Vacancies   in   office. 

§  4374.  Official  oaths  and  bonds. 

§  4354.  City  is  body  politic  and  corporate;  powers.  A 
city  is  a  body  politic  and  corporate,  with  the  general 
powers  of  a  corporation,  and  the  powers  specified  or  neces- 
sarily implied  in  this  title  or  in  special  laws.  En.  March 
12,  1872. 

City,  what  constitutes;  Post,  sec.  435G. 

Municipal  corporation  act:  See  General  Laws,  title 
Municipal  Corporations. 

§  4355.  Distribution  of  powers.  Every  city  has  legis- 
lative, executive,  and  judicial  power.     Its  legislative  power 


1015  CITIES    AS    BODIES    CORPORATE.  §§  4356-43C5 

is  vested  in  a  common  council;   its  executive  power  in  a 
mayor,  and  Ms  subordinate  officers;  and  its  judicial  power 
in  a  police  court.     En.  March  12.  1872. 
Cal.  Rep.   Cit.     62,  557;    CG,  4. 

§  4356.  City  declared  by  legislature.  Every  subdivision 
of  a  county  not  exceeding  in  extent  six  square  miles,  with 
not  less  than  two  thousand  inhabitants,  with  its  metes  and 
bounds  fixed  and  defined,  and  declared  by  act  of  the  legis- 
lature to  be  a  "municipal  corporation,"  is  a  city  with 
the  powers  conferred  by  this  title.     En.  March  12,  1872. 

Cal.    Rep.    Cit.     112,    326.- 
Powers  of  supervisors:   See  ante,  sec.   404b. 
Liability  for  riots:   See  post,  sec.  4452. 
Classification     of    cities,   acts    relating   to:   See   General 
Laws,  title  Municipal   Corporations. 

§  4357.  Boundaries,  how  changed.  The  boundary  of  a 
city  may  be  changed  by  an  act  of  the  legislature,  on  peti- 
tion of  a  majority  of  the  common  council,  presented  in 
pursuance  of  a  city  ordinance,  or,  as  hereinafter  provided, 
by  the  board  of  supervisors.     En.  March  12,  1872. 

Acts  relative  to  changing  boundaries  of  cities:  See 
General  Laws,  title  Municipal  Corporations. 

§  4358.  Petition  to  supervisors.  (Repealed.)  En. 
March   12,    1872.     Rep.   1873-4,   177. 

§  4359.  Undertaking  for  expenses  of  election.  (Re- 
pealed.)    En.  March  12,  1872.     Rep.  1873-4,  177. 

§  4360.  Supervisors  to  order  an  election.  (Repealed.) 
En.    March   12,    1872.     Rep.    1873-4,    177. 

§  4361.  Notice  of  election,  etc,  (Repealed.)  En.  March 
12,    1872.     Rep.    1873-4,    177. 

§  4362.  Ordinance  approving  such  annexation.  (Re- 
pealed.)    En.    March   12,    1872.     Rep.    1873-4,   177. 

§  4363.  Order  of  supervisors,  etc.  (Repealed.)  En. 
March    12,    1872.     Rep.    1873-4.    177. 

§  4364.  Expenses  of  election,  how  paid.  (Repealed.) 
En.    March    12.    1872.     Rep.    l6i3-4,    177. 

§  4365.  Certified  copies  of  ordinance  to  be  transmitted 
and  filed.  (Repealed.)  En.  March  12.  1872.  Rep.  1873-4. 
177. 

33 


§§  4366-4371  CITIES    AS    BODIES    CORPORATE.  1013 

§  4366.     Act  to  fix  time  of  the  first  election.     The  act  of 

the  legislature  declaring  a  city  to  be  a  "municipal  cor- 
poration" must  fix  a  day  for  the  first  election  of  city  ofli- 
cers,  and  fix  the  number  of  members  of  the  "common 
council"  to  be  elected  for  the  first  year.  En.  March  12, 
1872. 

Act  validating  incorporation  of  cities:  See  General  Laws, 
title  Municipal  Corporations. 

§  4367.  Notice  of  election  and  canvass  of  returns.  No- 
tice of  the  first  election  of  city  officers  must  be  given  by 
the  county  judge  of  the  county,  by  publishing  the  same  in 
a  newspaper  published  in  the  city  for  four  weeks  succes- 
sively, designating  the  officers  to  be  elected,  the  polling- 
places,  and  the  officers  of  election.  The  returns  must  be 
made  to  the  county  judge,  who  must  count  and  declare 
the  vote,  and  issue  certificates  of  election.  En.  March 
12,  1872. 

§  4368.     Who  are  entitled  to  vote  at  city  elections.     The 

qualified  electors  of  the  city  who  have  resided  within  the 
city  limits  for  thirty  days  next  preceding  the  election  are 
qualified  to  vote  at  all  city  elections.     En.  March  12,  1872. 

§  4369.  Common  council  to  provide  for  election  and  ap- 
pointment of  city  officers.  The  common  council  must, 
during  the  first  year,  by  ordinance,  fix  the  term  of  office 
of  all  elective  officers  and  the  time  when  they  must  be 
elected,  and  provide  for  the  appointment  of  other  neces- 
sary officers,  including  city  clerk,  city  attorney,  and  treas- 
urer, and  fix  their  terms  and  amount  of  their  bonds.  Eu. 
March  12,  1872.     Am'd.  1873-4,  57. 

Cal.  Rep.  Cit.     109,  508;   109,  511. 

§  4370.  Elective  officers  of  cities.  The  elective  officers 
of  cities  are:  A  mayor,  a  marshal,  a  police  judge,  assessor 
and  collector  of  taxes,  and  a  common  council  consisting 
of  not  less  than  three  members.  They  must  be  electors 
of  the  city,  and  qualify  by  taking  the  statutory  oath  of 
oflSce,  and,  except  the  first  officers  elected,  hold  office  for  a 
term  to  be  fixed  by  the  common  council,  not  exceeding 
two  years.     En.  March  12,  1872.     Am'd.  1873-4,  58. 

Cal.  Rep.   Cit.     C2,  557;    GG,  4. 

§  4371.  Direct  taxes  limited.  The  direct  taxes  imposed 
by  the  common  council  in  any  one  year  must  not  exceed 
two  per  centum  of  the  valuation  of  property  within  the 
city.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     95.  383;  95,  384. 


1017  EXECUTIVE    POWERS.  §5  4372-43S5 

§  4372.     Condemnation  of  private  property  for  city  use. 

Whenever  it  becomes  necessary  for  the  city  to  take  private 
property  for  the  purposes  of  laying  out  or  altering  streets 
or  alleys,  and  the  council  cannot  agree  with  the  owner 
thereof  as  to  the  price  to  he  paid,  the  council  may  direct 
proceedings  to  be  taken  under  title  VII,  part  III  of  the 
Code  of  Civil  Procedure,  to  procure  the  same.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.    90,  617. 

Eminent  domain:   Code  Civ.  Proc,  sees.  1237-1263. 

§  4373.  Vacancies  in  office.  If  any  person  elected  to  a 
city  office  removes  from  the  city,  absents  himself  for  more 
than  thirty  days  without  leave  from  the  council,  or  fails 
to  qualify  within  ten  days  after  election,  his  office  is  va- 
cant.    En.   March  12,  1872. 

§  4374.  Official  oatFis  and  bonds.  All  city  officers,  be- 
fore entering  upon  their  duties,  must  take  the  oath  of  office. 
The  marshal,  attorney,  clerk,  assessor,  collector,  and 
treasurer  must  also  give  a  bond,  with  sureties  to  be  ap- 
proved by  the  mayor,  payable  to  the  corporation  by  its 
corporate  name,  in  such  penalty  as  may  be  prescribed  by 
ordinance,  conditioned  for  the  faithful  performance  of  the 
duties  of  their  office;  and  a  like  bond  may  be  required  of 
any  officer  whose  office  is  created  by  an  ordinance.  Should 
the  bond  of  any  city  officer  become  insufficient,  he  may 
be  required  to  give  additional  bond,  and,  upon  his  failure 
so  to  do,  his  office  must  be  deemed  vacant.  En.  March  12, 
1872.     Am'd.  1873-4,  58. 

Cal.  Rep.  Cit.    109,  508. 

CHAPTER  II. 

EXECUTIVE    POWERS. 

§  43S5.  Executive   officers   of  a  city. 

§  43S6.  Powers   of   mayor. 

§  43S7.  Accounts  and  demands,   how  audited   and  paid. 

§  43SS.  Mayor  president  of  the  common  council. 

§  43S9.  Duties  of  city  marshal. 

§  4390.  Duties   of  assessor. 

§  43ni.  Duties   of  city  attorney. 

§  4392.  Duties    of    treasurer. 

§  4393.  Duties  of  clerk. 

§  4385.  Executive  officers  of  a  city.  The  executive  offi- 
cers of  a  city  are  the  mayor,  marshal,  and  such  officers  for 
the  assessment,  collection,  auditing,  safe-keeping,  and  dis- 
bursing the  revenue  and  keeping  the  records  and  journals 
of  the  city,  as  the  common  council  may  provide.  En 
12,  1872. 


§§  4386-4:^S9  EXECUTIVE    POWERS.  1018 

§  4386.     Powers  of  mayor.     The  mayor  has  power: 

1.  To  nominate,  and  with  the  consent  of  the  common 
council,  to  appoint  all  non-elective  officers  of  the  city  pro- 
vided for  by  the  common  council,  including  city  attorney, 
secretary  of  the  council,  and  city  treasurer; 

2.  To  suspend,  and  with  the  consent  of  the  common 
council,  to  remove  any  non-elected  officer,  stating  in  the 
suspension  or  removal  the  cause  thereof; 

3.  To  cause  the  ordinances  of  the  city  to  be  executed, 
and  to  supervise  the  discharge  of  official  duty  by  all  sub- 
ordinate officers; 

4.  To  communicate  to  the  common  council,  at  the  begin- 
ning of  every  session,  and  oftener  if  deemed  necessary,  a 
statement  of  the  affairs  of  the  city,  with  such  recommenda- 
tions as  he  may  deem  proper; 

5.  To  recommend  to  the  common  council  such  measures 
connected  with  the  public  health,  cleanliness,  and  orna- 
ment of  the  city,  and  the  improvement  of  the  government 
and  finances,  as  he  deems  expedient; 

6.  To  approve  all  ordinances  of  the  common  council 
adopted  by  it,  and  in  case  the  same  do  not  meet  his  appro- 
bation, to  return  the  same,  with  his  objections,  within  five 
days  after  he  receives  the  same.  En.  March  12,  1872. 
Am'd.  1873-4,  59. 

Cal.    Rep.   Cit.     109,   508. 

§  4387.     Accounts  and   demands,   how  audited   and   paid. 

All  accounts  and  demands  against  said  city  must  be 
audited  by  the  president  of  the  common  council,  and  no 
money  must  be  drawn  from  the  city  treasury  unless  upon 
the  certificate  of  the  president,  by  order  of  the  council. 
The  certificate  must  be  drawn  upon  the  treasurer  of  the 
city,  and  must  specify  the  fund  out  of  which  the  same  is 
payable.  The  treasurer  must  pay  the  same  out  of  any 
money  in  his  hands  belonging  to  such  fund.  En.  March  12, 
1872. 

§  4388.  Mayor  president  of  the  common  council.  The 
mayor  is  the  president  of  the  common  council,  must  sign 
the  journals  thereof,  decide  by  his  voice  all  tie  votes,  must 
sign  the  warrants  on  the  city  treasurer,  and  is  the  keeper 
of  the  city  seal.     En.  March  12,  1872. 

g  4389.  Duties  of  city  marshal.  The  city  marshal,  in 
addition  to  the  duties  prescribed  by  the  common  council, 
must  execute  and  return  all  process  issued  by  the  police 
judge,  or  directed  to  him  by  any  legal  authority,  and  attend 
upon  the  police  court  regularly.     He  may  appoint  one  or 


1019  EXECUTIVE    POWERS.  §§  4390-4303 

more  deputies;  and  must  arrest  all  persons  guilty  of  a 
breach  of  the  peace  or  for  the  violation  of  any  city  or- 
dinance, and  bring  them  before  the  police  judge  for  trial, 
and  has  superintending  control  over  the  city  police;  and, 
until  otherwise  provided  by  ordinance,  must  perform  all 
duties  of  collector  of  city  taxes.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     121,  549. 

Police  judge  and  coart:    Post,  sees.  4424  et  seq. 

§  4390.  Duties  of  assessors.  The  assessor,  in  addition  to 
the  duties  prescribed  by  the  common  council,  must  make 
out,  within  such  time  as  the  common  council  orders,  a 
correct  list  of  all  the  taxable  property  within  the  city 
limits,  with  the  valuation  thereof,  which  list,  certified  by 
him,  must  be  returned  to  the  common  council.  The  mode 
of  making  out  the  list  and  of  ascertaining  the  value  of 
property,  and  of  collecting  all  taxes,  is  the  same  as  pre- 
scribed in  this  code  for  assessing  and  collecting  the  state 
tax.     En.  March  12,  1872. 

§  4391.  Duties  of  city  attorney.  Tlie  city  attorney  must 
attend  to  all  suits,  matters,  and  things  in  which  the  city 
may  be  legally  interested;  to  give  his  advice  or  opinion 
in  writing  whenever  required  by  the  mayor  or  common 
council,  and  do  and  perform  all  such  things  touching  his 
office  as  by  the  common  council  may  be  required  of  him. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     109,  509;   109,  511. 

Assistants  to:  See  post.  Appendix,  title  City  and  County 
Attorneys. 

§  4392.  Duties  of  treasurer.  The  treasurer  must  receive 
all  moneys  that  come  to  the  city,  either  from  taxation  or 
otherwise,  and  pay  the  same  out  on  the  certificate  of  the 
president  of  the  common  council,  and  do  and  perform  all 
other  acts  as  are  prescribed  for  him  by  the  common  coun- 
cil. He  must,  on  the  first  days  of  January,  April,  July, 
and  October  of  each  year,  make  out  and  present  to  the 
mayor  a  full  and  complete  statement  of  the  receipts  and 
expenditures  of  the  preceding  three  months,  which  state- 
ment the  mayor  must  cause  to  be  published.  En.  March 
12,  1872. 

§  4393.  Duties  of  clerk.  The  city  clerk  is  clerk  of  the 
common  council;  must  keep  the  journal  of  their  proceed- 
ings and  all  records  of  the  city;   he  must    keep    the    ac- 


§§  4403-4405  LEGISLATIVE    POWERS.  1020 

counts  of  the  city,  and  countersign  all  warrants  on  the 
citj^  treasurer;  keep  a  true  account  thereof  and  of  the 
financial  condition  of  the  city,  and  do  such  other  things 
as  the  common  council  may  by  ordinance  provide.  En. 
March  12,  1872. 

CHAPTER  III. 

LEGISLATIVE    POWERS. 

§  4403.  Common    council,    how    constituted. 

§  4404.  Wards,    boundaries   and    number   of. 

§  4405.  First    meeting,     for    organization. 

§  4406.  Quorum. 

§  4407.  Control    over    members.    Rules,    journals    and    publicity    of    pro- 
ceedings. 

§  4408.  Additional   powers   of   common   council. 

§  4409.  Street  improvements,   how  made. 

§  4410.  To  grant  authority  to  gas  and  water  companies. 

§  4411.  Reservations    by    cities. 

§  4412.  Contract    for    gas   and    water. 

§  4413.  Restrictions   and    conditions   to   be   Imposed. 

§  4414.  Ordinance,    how  vetoed,    and   how  passed  over  veto. 

§  4403.  Common  council,  how  constituted.  The  common 
council  consists  of  not  less  than  three  citizens  of  the  city, 
elected  one  from  each  of  the  wards.  The  mayor  is  the 
presiding  officer  thereof.     En.  March  12,  1872. 

Act  prohibiting  solicitation  or  influencing  of  supervisor: 
See  post,  Appendix,  title  Officers. 

§  4404.  Wards,  boundaries  and  number  of.  The  com- 
mon council  has  power  to  divide  the  city  into  a  convenient 
number  of  wards,  fix  the  boundaries  thereto,  and  may 
change  the  same  from  time  to  time  as  they  see  fit,  having 
regard  to  the  number  of  white  male  inhabitants,  so  that 
each  ward  contains  as  near  as  may  be  the  same  number 
of  inhabitants.  The  number  of  wards  of  any  city  must  not 
exceed  the  number  of  councilmen  to  which  the  city  is 
entitled;  and  when  a  city  has  been  so  divided,  the  council- 
men  must  be  elected  from  the  several  wards  respectively, 
according  to  the  number  of  inhabitants.  En.  March  12, 
1872. 

§  4405.  First  meeting,  for  organization.  The  members 
of  the  common  council  must  assemble  within  five  days 
after  their  election,  and  choose  some  suitable  person  as 
clerk.  In  case  of  the  absence  of  the  mayor  they  may  elect 
a  president  pro  tempore,  who  has  all  the  powers  and  must 
perform  all  the  duties  of  president.    They  must,  by  ordl- 


1021  LEGISLATIVE    POWERS.  58  4406-4408 

nance,  fix  the  times  and  places  of  holding  their  stated 
meetings,  and  may  be  convened  by  the  mayor  at  any  time. 
En.  March  12,  1872. 

§  4406.  Quorum.  A  majority  of  the  members  of  the 
common  council  constitutes  a  quorum  to  do  business;  but 
a  less  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members  in  such  manner 
and  under  such  penalties  as  the  council  may,  by  ordinance, 
prescribe.     En.   March  12,  1872. 

§  4407.  Control  over  members.  Rules,  journals  and  pub- 
licity of  proceedings.  The  common  council  is  the  judge  of 
the  qualification,  elections,  and  returns  of  their  own  mem- 
bers, and  the  other  officers  elected  under  the  provisions 
of  this  title.  They  may  determine  contested  elections; 
they  may  provide  rules  for  their  own  proceedings,  punish 
any  member  or  other  person  for  disorderly  conduct  in  their 
presence,  and,  with  the  concurrence  of  two  thirds  of  their 
number,  expel  any  member,  but  not  a  second  time  for  the 
same  cause;  they  must  keep  a  journal  of  their  proceedings, 
and  at  the  desire  of  any  member  must  cause  the  yeas  and 
nays  to  be  taken  and  entered  on  any  question;  and  their 
proceedings  must  be  public.    En.  March  12,  1872. 

§  4408.  Additional  povCfers  of  common  council.  The 
common  council  has  power: 

1.  To  create  the  offices  of  city  clerk,  city  attorney,  as- 
sessor, and  collector,  and  such  other  offices  as  may  be 
necessary,  and  prescribe  their  duties  and  fix  their  com- 
pensation. 

2.  To  establish  and  fix  the  salaries  of  the  mayor,  police 
judge,  and  other  city  officers,  and  also  fix  a  tariff  of  fees 
for  the  officers  entitled  to  such,  designating  the  fees  al- 
lowed for  each  particular  item  of  service,  and  cause  the 
same  to  be  published  in  like  manner  with  the  ordinances 
passed  by  the  common  council. 

3.  To  manage  the  finances  and  property  of  the  city. 

4.  To  regulate  the  streets,  wharves,  piers,  and  chutes  in 
the  city  and  the  use  thereof. 

5.  To  establish  or  authorize  slaughter-houses  and  mar- 
kets, and  regulate  the  same. 

6.  To  provide  for  lighting,  watering,  and  cleaning  the 
city,  ind  protecting  it  against  fire. 

7.  To  license  and  regulate  hacks,  cabs,  carts,  omnibuses, 
railway   cars,   and   all   other    vehicles,     butchers,     porters. 


§  4408  LEGISLATIVE    POWERS.  1022 

pawnbroker,    peddlers,    showmen,    and   junk    slr^n    keepers, 
theaters,  and  all  other  places  of  public  amusement. 

8.  To  provide  for  licensing  any  or  all  business  not  pro- 
hibited by  law,  and  fix  the  amount  of  license  tax  for  the 
same. 

9.  To  regulate  the  keeping  and  use  of  animals,  and  the 
keeping  and  use  of  gunpowder  and  other  dangerous  sub- 
stances. 

10.  To  suppress  gaming,  gambling-houses,  and  other 
disorderly  houses,  nuisances  of  every  decription,  and  all 
kinds  of  vice  and  immorality. 

11.  To  prohibit  the  burial  of  the  dead  within  the  city, 
except  at  such  places  and  in  such  manner  as  the  common 
council  may  determine. 

12.  To  establish  and  regulate  a  police  department. 

13.  To  establish  and  regulate  a  fire  department. 

14.  To  im"ose  penalties  for  the  violation  of  ordinances; 
but  no  single  penalty  must  exceed  a  fine  of  five  hundred 
dollars,  or  imprisonment  for  ten  days,  or  both. 

15.  To  impose  and  appropriate  fines,  penalties,  and  for- 
feitures for  breaches  of  ordinances. 

16.  To  make  by-laws  and  ordinances  not  repugnant  to 
the  constitution  and  the  laws  of  the  United  States  or  ol 
this  state. 

17.  To  require  any  land  or  building  to  be  cleansed  at  the 
expense  of  the  owner  or  occupant  and  upon  his  default, 
may  do  the  work  and  assess  the  expense  upon  the  land  or 
building. 

18.  To  establish  a  board  of  health  to  prevent  the  intro- 
duction and  spreading  of  uxsease,  or  to  ordain  and  adopt 
for  the  government  of  the  city  the  "Quarantine"  or 
"Health  Regulations,"  providea  by  this  code  for  San 
Francisco  or  Sacramento. 

19.  To  levy  and  collect  taxes,  to  lay  out,  extend,  alter, 
or  widen  streets  and  alleys;  and  make  appropriations  for 
any  object  of  city  expenditures. 

20.  To  erect  and  maintain  poorhouses  and  hospitals,  and 
pass  such  by-laws  and  ordinances  for  the '  regulation.  o£ 
the  police  as  they  may  deem  necessary.  All  ordinances 
must  be  published  in  the  manner  prescribed  by  the  com- 
mon council.     En.  March  12,  1872. 

Cal.  „ep.  Cit.     74,  24;  78,  589;  95,  383;   109,  508;   109,  511; 

143,  561.     Subd.   18—135,  419. 
Act  conferring  on  cities  of  first    class    power    to    erect 
hospital:   See  General  Laws,  title  Municipal  Corporations. 


1023  LEGISLATIVE    POWERS.  §§  4409-4411 

Power  to  organize  under  general  laws,  act  authorizing: 
See  Idem. 

Act  authorizing  sale  of  excess  of  water:    See  Idem. 

Act  "--  hrizing  leasing  or  ownership  of  gravel  beds: 
See  Idem. 

Acts  authorizing  city  auiaorities  to  execute  trusts  in 
relation  to  town  lands:   See  Idem. 

Acts  va  ..dating  acts  of  cities:   See  Idem. 

Power  to  extend  and  complete  sewers:  See  General 
Laws,  title  Sewers. 

Act  authorizing  grant  of  franchise  to  railroad  to  build 
lines  to  park  outside  city  limits:  See  General  Laws,  title 
Municipal  Corporations. 

Act  authorizing  fixing  of  water  rates:  See  General  Laws, 
title  Water  Companies. 

§  4409.  Street  improvements,  how  made.  Whenever 
the  owners  of  a  major  part  of  the  property-  fronting  on  any 
street  or  avenue  desire  to  improve  such  street  by  paving 
the  sam'^  o-  constructing  sewers,  or  otherwise,  the  mayor 
and  council  may  make  such  improvement  at  the  expense 
of  all  the  owners  of  property  on  the  street,  which  expense 
must  be  in  proportion  to  the  number  of  feet  owned  by 
each.       n.  March  12,1872. 

Powers  of  municipal  corporations:  See,  generally,  ante, 
sec.  4a54. 

Acts  relating  to  streets:   See  General  Laws,  title  Streets. 

§  4410.     To  grant  authority  to  gas  and  water  companies. 

The  common  council,  by  ordinance,  approved  by  the  mayor, 
may  grant  to  any  gas  or  water  company  the  privilege  of 
laying  down  pipes  in  the  streets  and  alleys  of  such  city 
for  supplying  gas  and  water  for  the  streets  and  buildings 
thereon,  for  a  term  not  exceeding  twenty-five  years.  En. 
March  12,  1872. 

§  4411.  Reservations  by  cities.  In  exercising  the  au- 
thority mentioned  in  preceding  section,  the  common  coun- 
cil must  reserve  the  right  to  grant  similar  privileges  to 
other  companies,  and  require  the  laying  down  of  the  pipes 
to  be  under  the  reasonable  direction  of  the  city  author- 
ities, and  to  be  so  laid  as  to  do  no  injury  to  the  proper 
use  of  the  paving,  planking  or  macadamizing  of  the  streets 
and  alleys,  nor  to  private  property  situate  thereon.  En. 
March  12,  1872. 

Privilege  granted  to  any  individual  or  company  under 
certain  conditions:   Const.  Cal.,  art.  XI,  sec.  19. 


§§  4412-4414  JUDICIAL,  POWERS.  M24 

§  4412.  Contract  for  gas  and  water.  The  common  coun- 
cil may  contract  with  gas  and  water  companies  for  supply- 
ing the  streets  and  public  buildings  with  all  gas  and  water 
necessary  for  their  proper  use;  the  rates  to  be  paid  there- 
for must  not  be  fixed  for  a  term  exceeding  five  years,  and 
the  city  authorities  must  reserve  the  right  to  abrogate 
such  contract  whenever  gas  or  water  is  offered  to  be  sup- 
plied at  two  thirds  of  such  fixed  contract  price.  En.  March 
12,  1872. 

§  4413.     Restrictions  and  conditions  to  be  imposed.     In 

granting  authority  to  lay  down  pipes,  and  in  contracting 
for  gas  and  water,  the  common  council  must  impose  such 
restrictions  and  conditions,  and  provide  for  such  locations 
and  construction  of  gas  and  water  works  and  pipes  as  to 
work  the  least  possible  public  or  private  inconvenience, 
and  provide  for  enforcing  such  restrictions  and  conditions. 
En.  March  12,  1872. 

§  4414.  Ordinance,  how  vetoed,  and  how  passed  over 
veto.  Every  ordinance  passed  by  the  common  council 
must,  before  it  becomes  effective,  be  presented  to  the  mayor 
for  his  approbation.  If  he  approve  it,  he  must  sign  it; 
if  not,  he  must  return  it,  with  his  objections,  in  writing, 
to  the  common  council,  who  must  cause  the  same  to  be 
entered  upon  its  journals  and  proceed  .to  reconsider  the 
same.  If,  after  such  consideration,  two  thirds  of  all  the 
members  of  the  common  council  elect  shall  agree  to  pass 
the  same,  it  becomes  an  ordinance.  In  all  such  cases  the 
votes  must  be  taken  by  yeas  and  nays,  and  the  names  of 
the  members  voting  for  and  against  the  same  must  be 
entered  on  the  journal.  If  any  ordinance  is  not  returned 
by  the  mayor  within  ten  days  (Sundays  excepted)  after  it 
is  presented  to  him,  the  same  becomes  effective,  as  if  the 
mayor  had  signed  it.    En.  March  12,  1872. 

Act  requiring  ordinances  and  resolutions  to  be  signed  by 
the  mayor:  See  General  Laws,  title  Ordinances. 

CHAPTER  IV. 

JUDICIAL,   POWERS. 

§  4424.  Police  judge;   vacancy,   how  filled. 

§  4425.  Police   court  clerk. 

§  4426.  Criminal   Jurisdiction. 

§  4'427.  General    and    exclusive   jurisdiction. 

§  4428.  When  justice   of   the   peace   to  act   as  police  Judge. 

§  4429.  Always   open,    except   on   non-judlclal  days. 

§  44S0.  Proceedings   In  criminal   offenses   not  triable  In. 

§  4431.  Criminal    trials    In    police    courts. 

§  4432.  Civil    practice    in    police   courts. 


1025  JUDICIAL    POWERS.  §5  4424-4427 

§  4424.  Police  judge;  vacancy,  how  filled.  The  city- 
police  judge  must  be  a  qualified  elector  of  the  city.  Any 
vacancy  in  the  oflfice  of  police  judge  must  be  filled  by  an 
appointee  of  the  mayor,  made  with  the  advice  and  consent 
of  the  common  council.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     134,  501. 

Police  courts,  creation  of  and  acts  relating  to:  See  Gen- 
eral  Laws,  title  Police  Courts. 

§  4425.  Police  court  clerk.  The  police  judge  may  ap- 
point a  clerk,  with  such  compensation,  by  way  of  salary 
or  fees,  as  the  common  council  may  by  ordinance  provide. 
En.  March  12,  1872. 

Cal.  Rep.  Cit.     134,  501. 

§  4426.  Criminal  jurisdiction.  The  police  court  has 
exclusive  jurisdiction  of  the  following  public  offenses  com- 
mitted within  the  city  boundaries: 

1.  Petit  larceny; 

2.  Assault  and  battery,  not  charged  to  have  been  com- 
mitted upon  a  public  officer  in  the  discharge  of  his  official 
duty,  or  with  intent  to  kill; 

3.  Breaches  of  the  peace,  riots,  affrays,  committing  will- 
ful injury  to  property  and  all  misdemeanors  punishable  by 
fine  not  exceeding  five  hundred  dollars  or  by  imprison- 
ment not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment;  and, 

4.  Of  proceedings  respecting  vagrants,  lewd  or  disorderly 
persons.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     47,  128;    66,  4. 

§  4427.  General  and  exclusive  jurisdiction.  The  police 
court  also  has  exclusive  jurisdiction: 

1.  Of  all  proceedings  for  the  violation  of  any  ordinance 
of  the  city,  both  civil  and  criminal; 

2.  Of  any  action  for  the  collection  of  taxes  and  assess- 
ments levied  for  city  purposes;  or  for  the  erection  or 
improvement  of  any  schoolhouse  or  public  buildings;  for 
the  laying  out  or  opening  or  improving  any  public  street 
or  sidewalk,  lane,  alley,  bridge,  wharf,  pier  or  dock;  or  for 
the  purchase  of  or  the  improvement  of  any  public  grountls; 
or  for  any  and  all  public  improvements  made  and  ordered 
by  the  city  within  its  limits,  when  the  amount  of  the  tax 
or  assessments  sought  to  be  collected  against  the  person 
assessed  is  less  than  three  hundred  dollars;  but  no  lien 
upon  the  property  taxed  or  assessed  for  the  non-payment  of 
the  taxes  or  assessment  can  be  foreclosed  in  any  such  ac- 
tion; 

Pol,    Code — 65 


§§  442S-4430  JLTDICIAL  POWERS.  1026 

3.  Of  an  action  for  the  collection  of  money  due  to  the 
city,  or  from  the  city  to  any  person,  when  the  amount 
sought  to  be  collected,  exclusive  of  interest  and  costs,  is 
less  than  three  hundred  dollars; 

4.  For  the  breach  of  any  official  bond  given  by  any  city 
officer,  and  for  the  breach  of  any  contract,  and  any  action 
for  damages  in  which  the  city  is  a  party  or  is  in  any  way 
interested;  and  all  forfeited  recognizances  given  to  or 
for  the  benefit  or  in  behalf  of  the  city;  and  upon  all  bonds 
given  upon  any  appeal  taken  from  the  judgment  of  the 
court  in  any  action  above  named  where  the  amount 
claimed,  exclusive  of  costs,  is  less  than  three  hundred 
dollars; 

5.  For  the  recovery  of  personal  property  belonging  to 
the  city,  when  the  value  of  the  property  (exclusive  of  the 
damages  for  the  taking  or  'detention)  is  less  than  three 
hundred  dollars;  and, 

G.  Of  an  action  for  the  collection  of  any  license  required 
by  any  ordinance  of  the  city.     En.  March  12,  1872. 
Cal.  Rep.  Git.     51,  500;  66,  4. 

§  4428.     When  justice  of  the  peace  to  act  as  police  judge. 

In  all  cases  in  which  the  judge  is  a  party,  or  in  which  he 
is  interested,  or  in  which  he  is  a  witness,  or  in  which  he 
is  related  to  either  party  by  consanguinity  or  affinity 
within  the  third  degree,  and  in  case  of  sickness  or  inabil- 
ity, or  temporary  absence  from  the  city,  the  police  judge, 
or  judge  of  the  police  judge  court,  may  iDy  written  request 
call  in  any  justice  of  the  peace  of  the  same  county  to 
act  in  his  place  and  stead,  and  while  so  acting  shall  be 
vested  with  the  power  of  the  judge  for  whom  he  so  holds 
court.  In  which  case  the  proper  entry  of  the  proceedings 
before  the  attending  justice,  subscribed  by  him,  shall  be 
made  in  the  docket  of  the  judge  for  whom  he  so  holds 
the  court;  and  the  same  shall  be  prima  facie  evidence  of 
such  proceedings,  and  form  and  become  a  part  of  thu 
record  of  any,  or  any  part  of  any  and  all  actions,  causes 
or  proceedings  had  before  such  attending  justice  Avhile  so 
holding  the  court.     En.  March  12,  1872.     Am'd.  1897,  97. 

§  4429.  Always  open,  except  on  non-judicial  days.  Po- 
lice courts  are  always  open  for  the  transaction  of  business, 
except  on  non-judicial  days.     En.  March  12,  1872. 

§  4430.  Proceedings  in  criminal  offenses  not  triable  in. 
Proceedings  in  the  police  court  in  criminal  actions  for 
offenses  not   triable   in   such  courts  must   be  had  in  con- 


1027  STATUTES   RELATING   TO   CITIES,    ETC.  §§   4431-4442 

formity  with   the  provisions  of  part   II,   title   III,  chapter 
VII  of  the  Penal  Code.     En.  March  12,  1872. 
Preliminary  examination:  Pen.  Code,  sees.  858  et  seq. 

§  4431.  Criminal  trials  in  police  courts.  Proceedings  in 
the  police  courts  in  criminal  actions  triable  in  snch  courts 
are  regulated  in  part  II.  title  XI,  chapter  I  of  the  Penal 
Code.     En.   March   12,  1872. 

Proceedings  in  police  courts  and  justices'  courts:  Pen. 
Code,  sees.  1426  et  seq. 

§  4432.  Civil  practice  in  police  courts.  Proceedings  in 
the  police  courts  in  civil  actions  are  regulated  by  part  II. 
title  XII  of  the  Code  of  Civil  Procedure.  En.  March  12. 
1872. 

Cal.  Rep.  Cit.     47,  128;   57,  506;  134,  501. 
Proceedings  in  civil   actions  in  police  courts:   Code  Civ. 
Proc.   sees.    929-933. 


CHAPTER  V. 

CERTAIN     ST\TITTES    RELATING     TO    CITIES     AND     TOWNS     AND 
EXISTING     CORPORATIONS    CONTINUED. 

§  4442.     Certain   statutes   continued    in.  force. 

§  4442.  Certain  statutes  continued  in  force.  Nothing 
in  this  code  affects  any  of  the  provisions  of  "An  act  to 
authorize  and  direct  the  municipal  authorities  of  the 
several  cities  and  incorporated  towns  of  this  state  to 
execute  certain  trusts  in  relation  to  the  town  lands  granted 
to  the  incorporated  cities  and  towns  in  this  state  by  the 
act  of  Congress  entitled  An  act  for  the  relief  of  the  in- 
habitants of  cities  and  towns  upon  the  public  lands,  ap- 
proved March  second,  eighteen  hundred  and  sixty-seven; 
approved  March  twenty-four,  eighteen  hundred  and  sixty- 
eight";  or  of  "An  act  to  authorize  and  direct  the  county 
judges  of  the  several  counties  of  this  state  to  execute 
certain  trusts  in  relation  to  the  town  lands  granted  to  the 
unincorporated  towns  in  this  state  by  the  act  of  Congress 
entitled  An  act  for  the  relief  of  the  inhabitants  of  cities 
and  towns  upon  the  public  lands,  approved  March  second, 
eighteen  hundred  and  sixty-seven;  approved  March  thir- 
tieth, eighteen  hundred  and  sixty-eight";  but  such  acts  are 
continued  in  force.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     110,  194. 


§  4445  CITY   INDEBTEDNESS.  lUia 

CHAPTER  VI. 

FUNDING    AND    REFUNDING    OF    CITY    INDEBTEDNESS. 

§  4445.  Powers    to    fund    indebtedness;    issuance    and   form    of    bonds. 

§  4446.  Sale   and    exchange    of   bonds. 

§  4447.  Tax  for  payment   of  bonds;    "Bond  Fund." 

§  444S.  Redemption   of   bonds. 

§  4449.  Proceedings   on   failure   to  levy   tax. 

§  4445.  Powers  to  fund  indebtedness;  issuance  and  form 
of  bonds.  The  board  of  trustees  or  municipal  council  of 
any  city  having  an  outstanding  indebtedness  on  the  first 
day  of  January,  eighteen  hundred  and  eighty,  evidenced 
by  bonds  or  warrants  thereof,  by  a  vote  of  two-thirds  of 
all  the  members  thereof,  are  empowered,  if  they  deem  it 
for  the  public  interest,  to  fund  or  refund  the  same,  and 
issue  bonds  of  the  city  therefor  in  sums  not  less  than  one 
hundred  dollars  nor  more  than  one  thousand  dollars  each 
having  not  more  than  twenty  years  to  run,  and  bearing  a 
rate  of  interest  not  exceeding  seven  per  cent  per  annum, 
payable  semi-annually,  which  bonds  shall  be  substantially 

in  the  following  form:   No.   .     The  city  of  ,   in 

the  county  of  ,  in  the  state  of  California,  for  value 

received,  promises  to  pay  ,  or  order,  at  the  office  of 

the  treasurer  of  said  city,  in  ,  on  the  first  day  of 

,  18 — ,  or  at  any  time  before  that  day,  at  the  pleasure 

of  the  city,  the  sum  of dollars,  gold  coin  of  the  United 

States  with  interest  at  the  rate  of per  cent  per  annum, 

payable  at  the  office  of  the  said  treasurer,  semi-annually, 

on  the  first  days  of  and  ,  in  each  year,  on 

presentation  and  surrender  of  the  interest  coupons  hereto 
attached.  This  bond  is  issued  by  the  board  of  trustees  (or 
municipal  council,  as  the  case  may  be),  under  the  provi- 
sions of  chapter  six,  of  title  three,  of  part  four,  of  the 
Political  Code  of  California,  and  in  conformity  with  a  reso- 
lution of   said   board   of   trustees    (or   municipal   council), 

dated  day  of  ,  18 — .     In  testimony  whereof,  the 

said  city,  by  its  board  of  trustees  (or  municipal  council), 
has  caused  this  bond  to  be  signed  by  the  president  of  the 
board  of  trustees   (or  municipal  council),  and  attested  by 

the  auditor,    with  the  city  seal  attached,  this  day  of 

18 — .     (Seal.) ,   president  of  the   board   ot 


1029  CITY   INDEBTEDNESS.  §  4446 

trustees    (or   municipal    council).    Attest:  ,    auditor. 

And  the  interest  coupon  shall  be  in  the  following  form: 

I .    The    treasurer   of   the    city   of   ,    county   of 

,  state  of  California,  will  pay  the  holder  hereof,  on 

the    day    of    ,    18 — ,    at    his    oflBce    in    , 


dollars,  gold  coin,  for  interest  on  City  Bond  No.  , 

Issued  under  the  provisions  of  chapter  six,  of  title  three, 

of   part   four,   of   the   Political   Code   of   California.    , 

city  auditor.  If  the  president  of  the  board  of  trustees 
(or  municipal  council),  be  ex-officio  auditor,  then  and  in 
that  case  said  bonds  shall  be  attested  by  the  city  clerk 
Instead  of  the  auditor.  En.  Stats.  1880,  105.  Am'd.  1881, 
35. 

Cal.  Rep.  Cit.     112,  325;  112,  327;  112,  331. 

Compare  as  to  county  indebtedness:  Ante,  sees.  4048- 
4052. 

Act  authorizing  issuance  of  bonds,  to  protect  cities:  See 
General  Laws,  title  Municipal  Corporations. 

Acts  in  relation  to  funding  indebtedness:  See  General 
Laws,    title    Bonds. 

Act  for  destruction  of  unsold  municipal  bonds:  See 
General   Laws,   title  Bonds. 

Judgments  against  cities  and  counties  over  100,000,  how 
paid:  See  General  Laws,  title  Judgments. 

§  4446.  Sale  and  exchange  of  bonds.  Whenever  bonds 
issued  under  this  chapter  shall  be  duly  executed,  num- 
bered consecutively  and  sealed,  they  shall  be  delivered 
to  the  city  treasurer,  and  his  receipt  taken  therefor,  and 
he  shall  stand  charged  in  his  official  bond  with  all  bonds 
delivered  to  him  and  the  proceeds  thereof,  and  he  shall 
sell  the  same  or  exchange  them  under  the  directions  of 
the  board  of  trustees,  or  municipal  council,  on  the  best 
available  terms,  for  any  legal  indebtedness  of  the  city 
outstanding  on  the  first  day  of  January,  eighteen  hundred 
and  eighty;  but  in  neither  case  for  a  less  sum  than  the 
face  value  of  the  bonds,  and  all  interest  accrued  on  them 
at  the  date  of  such  sale  or  exchange;  and  if  any  portion 
of  the  said  bonds  are  sold  for  money,  the  proceeds  thereof 
shall  be  applied  exclusively  for  the  payment  of  liabilities 
existing  against  the  city  at  and  before  the  date  above 
named.    When  they  are  exchanged  for  bonds  or  warrants. 


§  4447  CITY    INDEBTEDNESS.  1030 

or  other  legal  evidences  of  city  indebtedness,  the  treasurer 
shall  at  once  proceed  to  cancel  the  old  bonds  and  such 
other  evidences  of  indebtedness  by  indorsing  on  the  face 
thereof  the  amount  for  which  they  were  received,  the  word 
"canceled,"  and  the  date  of  cancellation.  He  shall  also* 
keep  a  record  of  bonds  sold  or  exchanged  by  him,  by 
number,  date  of  sale,  amount,  date  of  maturity,  the  name 
and  postoffice  address  of  the  purchaser,  and,  if  exchanged, 
what  evidences  of  indebtedness  were  received  therefor, 
which  record  shall  be  open  at  all  times  for  inspection  by 
the  public.  Whenever  the  holder  of  any  bond  shall  sell 
or  transfer  it,  the  purchaser  shall  notify  the  treasurer  of 
such  purchase,  giving  at  the  same  time  the  number  of  the 
bond  transferred,  and  his  postoffice  address,  and  every 
transfer  shall  be  noted  on  the  record.  The  treasurer  shall 
also  report,  under  oath,  to  the  board,  at  each  regular 
session,  a  statement  of  all  bonds  sold  or  exchanged  by  him 
since  the  preceding  report,  and  the  date  of  such  sale  or 
exchange,  and  when  exchanged  a  list  or  description  of 
the  city  indebtedness  exchanged  therefor,  and  the  amount 
of  accrued  interest  received  by  him  on  such  sale  or  ex- 
change, which  latter  sum  shall  be  charged  to  him  as  money 
received  by  him  on  bond  fund,  and  so  entered  by  him  on 
his  books;  but  such  bonds  shall  not  be  sold  or  exchanged 
for  any  indebtedness  of  the  city,  except  by  the  approval  of 
the  board  of  trustees,  or  municipal  council  of  said  city. 
No  sale  shall  be  made  of  any  such  bonds,  except  to  the 
highest  bidder,  after  advertising  bids  for  the  purchase  of 
the  same  for  not  less  than  three  weeks,  in  at  least  one 
newspaper  published  in  the  county,  the  right  being  re- 
served in  such  advertisement  to  reject  any  or  all  such  bids. 
En.   Stats.    1880,   106. 

§  4447.  Tax  for  payment  of  bonds:  "Bond  Fund."  The 
board  of  trustees,  or  municipal  council,  shall  cause  to  be 
assessed  and  levied  each  year,  upon  the  taxable  property 
of  the  city,  in  addition  to  the  levy  authorized  for  other 
purposes,  a  sufficient  sum  to  pay  the  interest  on  outstand- 
ing bonds  issued  in  conformity  with  the  provisions  of  this 
chapter,  accruing  before  the  next  annual  levy,  and  such 
proportion  of  the  principal  that  at  the  end  of  five  years 
the  sum  raised  from  such  levies  shall  equal  at  least  twenty 
per  cent  of  the  amount  of    bonds  issued;    at  the  end  of 


1031  CITY     INDEBTEDNESS.  §§  4448,  444U 

eight  years  at  least  forty  per  cent  of  the  amount,  and  at 
and  before  the  date  of  maturity  of  the  bonds  shall  be 
equal  to  the  whole  amount  of  the  principal  and  interest; 
and  the  money  arising  from  such  levies  shall  be  known 
as  the  "Bond  Fund,"  and  shall  be  used  for  the  payment 
of  bonds  and  interest  coupons,  and  for  no  other  purpose 
whatever;  and  the  treasurer  shall  open  and  keep  in  his 
books  a  separate  and  special  account  thereof,  which  shall 
at  all  times  show  the  exact  condition  of  said  bond  fund. 
En.   Stats.   1880,   107. 

§  4448.  Redemption  of  bonds.  Whenever  the  amount  in 
the  hands  of  the  treasurer  belonging  to  the  bond  fund, 
after  setting  aside  the  sum  required  to  pay  the  interest 
maturing  before  the  next  levy,  is  sufficient  to  redeem  one 
or  more  bonds,  he  shall  notify  the  owner  of  such  bond  or 
bonds,  by  advertising  in  any  newspaper  published  in  the 
county,  not  less  than  once  a  week,  for  three  successive 
weeks,  and  in  some  newspaper  of  general  circulation  pub- 
lished in  the  city  of  San  Francisco,  not  less  than  once 
a  week  for  three  successive  weeks,  that  he  is  prepared 
to  pay  the  same,  with  all  interest  accrued  thereon;  and  if 
not  presented  for  payment  or  redemption  within  forty 
days  after  the  first  publication  of  such  notice,  the  interest 
on  such  bonds  shall  cease  and  the  amount  due  thereon 
shall  be  set  aside  for  its  payment  whenever  presented. 
All  redemptions  shall  be  made  in  the  exact  order  of  their 
issuance,  beginning  at  the  lowest  or  first  number,  and  the 
notice  herein  required  shall  be  directed  to  the  postoffice 
address  of  the  owner,  as  shown  by  the  record  kept  in  the 
treasurer'-  oftice.     En.  Stats.  1880,  107. 

§  4449.  Proceedings  on  failure  to  levy  tax.  If  the  board 
of  trustees,  or  municipal  council,  of  any  city  which  has 
issued  bonds  under  the  provisions  of  this  chapter,  shall 
fail  to  make  the  levy  necessary  to  pay  such  bonds  or  in- 
terest coupons  at  maturity,  and  the  same  shall  have 
been  presented  to  the  city  treasurer  and  the  payment 
thereof  refused,  the  own6r  may  file  the  bond,  together 
with  all  unpaid  .coupons,  with  the  county  treasurer  of  the 
county  in  which  said  city  is  situated,  taking  his  receipt 
therefor,  and  the  same  shall  be  registered  'in  the  office  of 
the   county   treasurer;    and   the   district  attorney   shall   as 


§§  4452,  4453       LIABILITIES  OF  COUNTIES  AND   CITIES.  .   103J 

soon  as  practicable,  proceed  by  mandamii-  in  the  proper 
court,  in  the  name  of  the  owner  of  the  bond,  to  compel 
the  said  tax  to  be  levied  in  said  city,  and  at  a  sufficient 
rate  to  realize  the  amount  of  principal  and  interest  past 
due  and  to  become  due  prior  to  next  levy,  and  the  same 
shall  be  levied  and  collected  as  a  part  of  the  county  tax, 
and  paid  into  the  county  treasury,  and  pass  to  the  special 
credit  of  such  city  as  bond  tax,  and  shall  be  paid  by  war- 
rants as  the  payments  mature  to  the  holder  of  such  regis- 
tered oDiigations,  as  shown  by  the  register  in  the  office 
of  the  county  treasurer,  until  the  same  shall  be  fully 
satisfied  and  discharged;  any  balance  then  remaining 
being  passed  to  the  gen3ral  account  and  credit  of  said  city. 
En.  Stats.  168D,  107. 

Cal.  Rep.  Cit     112,  325;  112,  327. 


TITLE   IV. 

LIABILITIES     OF     COUNTIES     AND     CITIES     FOR     INJURIES     TO 
PROPERTY    BY    MOBS   OR    KIOTS. 

CHAPTER   I. 

§  4452.  Municipal   corporations   responsible   for   injuries   by. 

§  4453.  Actions   for   damages   must   be   tried,    where. 

§  4454.  When   action   must   be   commenced. 

§  4455.  Warrant   to   be   Issued   for   payment   of  damages;   tax   therefor. 

§  4456.  Plaintiff   not    to   recover   if   damage   resulted   from   his  own  neg- 
lect. 

§  4457.  Application   of   foregoing  provisions  to   injuries  to   levees,    etc. 

§  4452.     Municipal   corporations   responsible  for  injuries 

by.  Every  municipal  corporation  is  responsible  for  in- 
juries to  real  or  personal  property  situate  within  its  cor- 
porate limits,  done  or  caused  by  mobs  or  riots.  En. 
March  12,  1872. 

Cal.  Rep.  Cit.     55,  324. 

§  4453.  Actions  for  damages  must  be  tried,  wiiere. 
Actions  for  damages  under  the  preceding  section  must  be 
tried  in  the  county  in  which  the  property  injured  is  situ- 
ated.    En.  March  12,  1872. 

Cal.  Rep.  Cit.    55,  324. 


1033  LIABILITIES   OF   COUNTIES   AND    CITIES.     §§   44u4-44b7 

§  4454.  When  action  must  be  commenced.  All  actions 
herein  provided  for  must  be  commenced  within  one  year 
after  the  act  complained  of  is  committed.  En.  March 
12,  1872. 

Like  provision  in  Code  of  Civil  Procedure,  sec.  340, 
subd.  5. 

§  4455.  Warrant  to  be  issued  for  payment  of  damages; 
tax  therefor.  On  the  certificate  of  the  presiding  officer, 
or  of  the  clerk  of  the  court  in  which  the  judgment  is  ren- 
dered, the  board  of  supervisors  of  the  county  or  the  legis- 
lative authority  of  the  city  must  by  ordinance  direct  and 
cause  to  be  issued  a  warrant  for  the  payment  thereof  on 
the  general  fund,  and  the  same  must  be  paid  in  its  regular 
order,  as  other  warrants  of  the  municipal  corporation  ars 
paid;  and  must  at  the  proper  times  levy  and  cause  to  be 
collected  a  tax  on  the  taxable  property  of  such  municipal 
corporation  for  the  payment  of  such  warrant  within  a 
period  of  not  more  than  three  years.     En.  March  12,  1872. 

Cal.  Kep.  Cit.     55,  324. 

§  4456.  Plaintiff  not  to  recover  if  damage  resulted  from 
his  own  neglect.  The  plaintiff  in  any  action  authorized  by 
this  title  must  not  recover  if  it  appears  upon  the  trial 
that  the  damage  complained  of  was  occasioned  or  in  any 
manner  aided,  sanctioned  or  permitted  by  his  carelessness 
or  negligence.     En.  March  12,  1872. 

§  4457.  Application  of  foregoing  provisions  to  injuries 
to  levees,  etc.  The  provisions  of  this  title  and  chapter 
are  applicable  to  cases  where  the  levees  and  other  works 
of  reclamation  of  any  district  are  injured  or  destroyed 
by  mobs  or  riots;  and  the  actions  brought  for  damages 
therefor  must  be  prosecuted  by  the  attorney-general  of  the 
state,  in  the  name  of  the  people  of  the  state  of  California, 
and  the  amount  recovered  in  such  actions  must  be  paid 
to  the  treasurer  of  the  county,  who  must  place  the  same 
to  the  credit  of  the  district.     En.  Stats,  1873-4,  59. 


§§   4458,   4459  PUBLICATIONS.  1U34 

TITLE    V. 

Title  amended  March  20,  1905.     Stats.   1905,  406. 

PUBLICATION.S  BY  STATE  OFFICERS  AND  COMMISSIONERS,  OK 
OTHER  OFFICIALS,  OR  THE  OFFICERS  OF  COURTS,  COUN- 
TIES, CITIES,  CITIES  AND  COUNTIES,  OR  TOWNS.  AND  PUB- 
LICATIONS REQUIRED  TO   BE   GIVEN  OR  MADE   BY   LAW. 

§  415S.  Publication  and   notices,    how   given    or    ma'de. 

§  4459.  Publication  and   notices,    how   printed. 

§  4460.  Newspapers  of    general    circulation    defined. 

§  44ijl.  Penalty. 

§  446-'.  Newspapers  of   general    circulation,    how   character   defined. 

§  4458.  Publication  and  notices,  how  given  or  made. 
Whenever  any  publication,  or  notice  by  publication,  or 
official  advertising  is  required  to  be  given  or  made  by  the 
provisions  of  this  code,  the  Civil  Code,  the  Code  of  Civil 
Procedure,  the  Penal  Code,  or  by  any  law  of  the  state,  by 
any  officer  now  existing,  or  any  hereafter  created,  in  this 
state,  or  any  political  subdivision  thereof,  or  by  any  officer 
of  any  court,  or  officer  of  a  county,  city,  city  and  county, 
or  town  in  this  state,  such  publication,  or  notice  by  publi- 
cation, or  official  advertising  shall  be  given  or  made  only 
in  a  newspaper  of  general  circulation,  where  such  a  news- 
paper is  published  within  the  jurisdiction  of  such  official. 
Where  no  newspaper  of  gener-^l  circulation  is  published 
within  the  jurisdiction  of  such  official,  then  such  publica- 
tion or  notice  by  publication,  or  official  advertising,  shall 
be  given  or  made  in  a  newspaper  of  general  circulation, 
published  nearest  thereto.  En.  Stats.  1903,  478.  Am'd. 
1905,  406. 

Cal.  Rep.  Cit.     141,  333;   141,  334. 

§  4459.  Publication  and  notices,  how  printed.  All  pub- 
lications, or  notices  by  publication,  or  official  advertise- 
ments referred  to  in  the  preceding  section,  must  be  set  in 
type  not  smaller  than  nonpareil,  and  must  be  preceded 
with  words  printed  in  black  face  type  not  smaller  than 
nonpareil,  describing  or  expressing  in  general  terms,  the 
purport  or  character  of  the  notice  intended  to  be  given. 
En.   Stats.   1903,  479.     Am'd.  1905.  406. 

Cal.  Rep.  Cit.     141,  332;  141,  333;  141,  334. 


1034a  PUBLICATIONS.  §§  44G0-44()2 

§  4460.  Newspapers  of  general  circulation  defined.  A 
newspaper  of  general  circulation  is  a  newspaper  published 
for  the  ;lIssemination  of  local  or  telegraphic  news  and  in- 
telligence of  a  general  character,  having  a  bona  fide  sub- 
scription list  of  paying  subscribers,  and  which  shall  have 
been  established,  printed  and  published  at  regular  inter- 
vals, in  Ihe  state,  county,  city,  city  and  county,  or  town, 
where  such  publication,  notice  by  publication,  or  official 
advertising  is  given  or  made,  for  at  least  one  year  pre- 
ceding the  date  of  such  publication,  notice  or  advertise- 
ment. A  newspaper  devoted  to  the  interests,  or  published 
for  the  entertainment  or  instruction  of  a  particular  class, 
profession,  trade,  calling,  race,  or  denomination,  or  for  any 
number  of  such  classes,  professions,  trades,  callings,  races 
or  denominations  when  the  avowed  purpose  is  to  enter- 
tain or  instruct  such  classes  is  not  a  newspaper  of  general 
circulation.     En.  Stats.  1905,  407. 

§  4461.  Penalty.  State  officers  or  commissioners,  of 
other  officials,  and  the  officers  of  counties,  cities,  cities  and 
counties,  or  towns,  who  violate  or  disregard  the  provi- 
sions of  sections  4458,  4459  and  4460  of  this  code,  shall  be 
responsible  personally  and  on  their  official  bonds  for  all 
damages  occasioned  thereby,  together  with  one  hundred 
dollars  liquidated  damages  in  each  case,  to  be  recovered 
in  any  court  of  competent  jurisdiction  by  the  person,  asso- 
ciation or  corporation  aggrieved  or  interested.  En.  Stats. 
1905,   407. 

§  4462.  Newspapers  of  general  circulation  how  char- 
acter defined.  Whenever  a  newspaper  shall  desire  to  have 
its  standing  as  a  newspaper  of  general  circulation,  as  that 
term  is  defined  in  section  4460,  ascertained  and  established, 
it  may,  at  its  option,  by  its  publisher,  manager,  editor  or 
attorney,  file  a  verified  petition  in  the  superior  court  of 
the  county,  or  city  and  county,  in  which  it  is  established, 
printed  and  published,  setting  forth  the  facts  which  justify 
such  action.  The  petition  or  the  substance  thereof  shall  be 
published  for  ten  days  in  the  newspaper  petitioning,  and 
if  the  court  so  directs,  in  some  other  newspaper,  together 
with  a  notice  that  the  petitioner  intends  on  a  certain  day 
to  apply  for  the  order  herein  mentioned.     Upon  proof  being 


§  4462  PUBLICATIONS.  1034b 

made  of  the  publication  of  such  petition  and  notice,  the 
court  shall  set  the  same  for  hearing,  and  at  any  time  prior 
to  or  on  the  day  so  set,  or  prior  to  or  on  any  day  to  which 
it  may  be  continued,  any  person  may  appear  and  contest 
the  petition.  The  court  shall  hear  the  proofs  of  the  peti- 
tioner and  contestant,  if  there  be  any,  and  shall  within  ten 
days  thereafter  render  its  decision  and  judgment  and  the 
clerk  shall  enter  the  same  in  the  records  of  the  court.  The 
■decision  and  judgment  herein  provided  for  may  be  vacated, 
modified  or  set  aside  by  the  court  on  its  own  motion,  or 
on  the  motion  of  any  person,  whether  a  party  to  the  orig- 
inal proceeding  or  not,  upon  a  verified  statement  of  facts, 
upon  ten  days'  notice  to  the  petitioner,  and  upon  a  satis- 
factory showing  made  to  the  court  that  such  newspaper 
has  ceased  to  be  a  newspaper  of  general  circulation  as  that 
term  is  defined  in  section  4460;  but  all  publications  made 
in  such  newspaper  during  the  period  it  was  adjudged  to  be 
a  newspaper  of  general  circulation  shall  be  deemed  and 
held  valid  and  sufficient.  Nothing  contained  in  this  section 
shall  be  held  or  construed  to  be  obligatory  or  as  requiring 
any  newspaper  to  comply  with  its  provisions  in  order  to 
be  in  fact,  or  in  law,  a  newspaper  of  general  circulation, 
as  that  term  is  defined  in  section  4460,  but  any  newspaper 
may  at  its  option,  avail  itself  of  the  provisions  of  this  sec- 
tion.    En.  Stats.  1905,  407. 


PART  V. 


OF  THE  DEFINITION  AND  SOURCES  OF  LAW- 
EFFECT  AND  PUBLICATION  OF  THE  CODES,  AND 
THE    EXPRESS    REPEAL    OF    STATUTES. 

(1035) 


PART  y. 


OF  THE  DEFINITION  AND  SOURCES  OF  LAW- 
EFFECT  AND  PUBLICATION  OF  THE  CODES,  AND 
THE  EXPRESS  REPEAL  OF  STATUTES. 

Title  I.     Definition  an-d  Sources  of  the  Law,  §§  4466-4468. 
II.     Effect  of  the  Codes,  §§  4478-4484. 

III.  Publication  of  the  Codes,  and  Statutes  Continued 

in  Force,  §  4494. 

IV.  Express  Repeal  of  Statutes,   §§   4504,  4505. 


TITLE  I. 

DEFINITION  AND   SOURCES  OF  THE  LAW. 

§  4166.     Definition   of   law. 

§  4467.     How    expressed. 

§  44i)S.     Common   law,    when   rule   of  decision. 

§  4466.  Definition  of  law.  Law  is  a  solemn  expression 
of  the  will  of  the  supreme  power  of  the  state.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.     47,  480. 

§  4467.  How  expressed.  The  will  of  the  supreme  power 
is  expressed: 

1.  By  the  constitution; 

2.  By  statutes.     En.  March  12.  1872. 
Cal.  Rep.  Cit.     47,  480. 

§  4468.     Common  law,  when  rule  of  decision.     The  com- 
mon law  of  England,  so  far  as  it  is  not  repugnant  to  or 
inconsistent    With    the   constitution   of   the   United    States, 
or  the  constitution  or  laws  of   this  state,   is  the   rule  of 
decision  in  all  the  courts  of  this  state.     En.  March  12,  1872. 
Cal.  Rep.  Cit.     58,  471;   78,  487;    78,  566;   80,  50;   83,  518; 
104,  185;    108,  592;    132,  534;    132,  535;    132,  559;    133, 
125;   141,  121;    146.  318;   146,  447;   146,  742. 

(1036) 


1037  EFFECT   OF  THE   CODES.  §§  4478-44S1 

TITLE  II. 

EFFECT    OF    THE    CODES. 

§  4478.  Construction    of    the   codes   with    relation    to   the    laws   passed    at 

the   present   session. 

§  4479.  Laws    passsed    at    present    sesssion    prevail. 

§  4480.  Construction   of   cedes   with    relation   to   each   other. 

§  4481.  Conflicts   between   titles,    which    to   prevail. 

§  4482.  Conflicts  between   chapters,    which   to   prevail! 

§  44S3.  Conflicts   between    articles,    which   to   prevail. 

§  44S4.  Conflicting  sections  of   the  same  title,    which   to   prevail. 

§  4478.  Construction  of  the  codes  with  relation  to  the 
laws  passed  at  the  present  session.  With  relation  to  the 
laws  passed  at  the  present  session  of  the  legislature,  The 
Political  Code,  Civil  Code,  Code  of  Civil  Procedure  and 
Penal  Code,  must  be  construed  as  though  each  had  been 
passed  on  the  first  day  of  the  present  session.  En.  March 
12,  1872. 

Cal.  Rep.  Cit.  47,  128;  47,  510;  49,  274;  53,  572;  65,  299; 
66,  315;    71,  16;   71,  17;    76,  637;   128,  261;    142,  55. 

Construed  as  though  passed  on  first  day  of  session,  other- 
wise as  to  special  title:  Ante,  sec.  3891. 

§  4479.     Laws  passed  at  present  session   prevail.     If  the 

provisions  of  any  law  passed  at  the  present  session  of  the 
legislature  contravene  or  are  inconsistent  with  the  pro- 
visions of  either  of  the  four  codes,  the  provisions  of  such 
law  must  prevail.     En.  March  12,  1872. 

Cal.  Rep.  Cit.  47,  128;  47,  510;  53,  572;  71,  16;  71,  17; 
93,   424;    140,    404;    142,   55. 

§  4480.  Construction  of  codes  with  relation  to  each 
other.  With  relation  to  each  other,  the  provisions  of  the 
four  codes  must  be  construed  (except  as  in  the  next  two 
sections  provided)  as  though  all  such  codes  had  been  passed 
at  the  same  moment  of  time,  and  were  parts  of  the  same 
statute.     En.  March  12,  1872. 

Cal.  Rep.  Cit.     46,  608;   51,  297;   64,  230;   64,  240;   65,  298; 

73,  259;   83,  397;   92,  247;    100,  327;   101,  288;    102,  520; 

105,   558;    120,   639;    122,   211;    122,   237;    128,   261;    137, 

15;   143,  199;   144,  424. 

§  4481.     Conflicts    between    titles,    which  to    prevail.     If 

the  provisions  of  any  title  conflict  with  or  contravene  the 
provisions  of  another  title,  the  provisions  of  each  title 
must  prevail  as  to  all  matters  and  questions  arising  out  of 
the  subject-matter  of  such  title.  En.  March  12,  1872. 
Cal.  Rep.  Cit.  46,  608;  62,  487;  76,  636;  76,  637;  76,  638; 
83,  48;  83,  397;  83,  455;  104,  683;  125,  481;  144,  424. 


§§  «S2-4504  PUBLICATION    OF    THE    CODES.  1038 

§  4482.     Conflicts  between  chapters,  which  to  prevail.     II 

the  provisious  of  any  chapter  conflict  with  or  contravene 
the  provisions  of  another  chapter  of  the  same  title,  the 
provisions  of  each  chapter  must  prevail  as  to  all  matters 
and  questions  arising  out  of  the  subject-matter  of  such 
chapter.    En.  March  12,  1872. 

Cal.  Rep.  Cit.     46,   608;    62,  136;    83,  455;    113,  257. 

§  4483.     Conflicts  between  articles,  which  to  prevail.     If 

the  provisions  of  any  article  conflict  with  or  contravene 
the  provisions  of  another  article  of  the  same  chapter, 
the  provisions  of  each  article  must  prevail  as  to  all  matters 
and  questions  arising  out  of  the  subject-matter  of  such 
article.  En.  March  12,  1872. 
Cal.  Rep.  Cit.    46,  608;   83,  455;   100,  378. 

§  4484.  Conflicting  sections  of  the  same  title,  which  to 
prevail.  If  conflicting  provisions  are  found  in  different 
sections  of  the  same  chapter  or  article,  the  provisions  of 
the  sections  last  in  numerical  order  must  prevail,  unless 
such  construction  is  inconsistent  with  the  meaning  of  such 
chapter  or  article.    En.  March  12,  1872. 

Cal.  Rep.  Cit.  46,  608;  62,  137;  64,  609;  65,  299;  73,  259; 
76,    637;    135,    7. 

TITLE  III. 

PUBLICATION   OF   THE   CODES. 
§  4494.     Codes   not   published    as   part   of   the   statutes. 

§  4494.     Codes  not   published    as   part   of    the    statutes. 

The  codes  passed  at  this  session  of  the  legislature  must 
not  be  published  as  part  of  the  statutes  passed  at  this 
session,  but  provision  must  be  made  by  law  for  their 
publication.    En.  March  12.  1872. 

Publication  of  codes:  See  Stats.  1872,  pp.  481-484. 

Publication  and  distribution  of  statutes:  See  ante,  sec. 
318. 

TITLE   IV. 

EXPRESS   REPEAL  OF  STATUTES. 

5  4504.    Repeal  of  repealed  statutes,   effect  of. 

§   l.iUu.     lOxprtss   repeal   of  statutes    to   be   provided   for. 

§  4504.  Repeal  of  repealed  statutes,  effect  of.  The  re- 
peal of  any  statute  or  part  of  a  statute  heretofore  repealed 


1039  EXPRESS    REPEAL,   OP   STATUTES.  §  4bU5 

must  not  be  construed  as  a  declaration,  express  or  by 
implication,  that  such  statute  or  part  of  a  statute  has  been 
in  force  at  any  time  subsequent  to  such  first  repeal.  En. 
March   12.   1872. 

§  4505.  Express  repeal  of  statutes  to  be  provided  for. 
The  express  repeal  of  statutes  will  be  provided  for  by  a 
separate  statute,  and  such  statute,  after  its  passage,  must 
be  construed  in  the  same  manner,  and  must  have  lil^e 
effect  as  if  it  were  part  of  this  code.    En.  March  12.  1872. 


APPENDIX. 


ATTORNEY-GENERAL. 

Acts  allowing  the  attorne^^-general  to  settle  and  dismiss 
certain  suits  to  be  found  in  the  statutes  of  1891,  pages 
182.  268  and  467. 

BOARD   OF   EXAMINERS. 

An  act  to  provide  for  the  purchase  of  certain  supplies  for 
state  officers  and  members  of  the  legislature. 
[Approved    March   16,    1876;    Stats.   1875-6.    p.    314.] 
The  act  constituted  the  board  of  examiners  a  furnishing 
board  and  prescribed  its  powers  and  duties. 

An  act  authorizing  the  state  board  of  examiners  to  sell 
old  furniture  and  all  material  belonging  to  the  state 
and  not  required  for  public  use. 

[Approved    March   31,   1891;    Stats.    1891,   p.   452;    in   effect 
immediately.] 

BONDS. 

An  act  to  provide  for  the  payment  by  the  state  or  coun- 
ties, or  cities,  or  cities  and  counties,  of  the  premium 
or  charge  on  official  bonds  when  given  by  surety  com- 
panies. 
[Approved   March   25,   1903;    Stats.   1903,   p.   476. J 
The  people  of  the  state  of  California,  represented  in  sen- 
ate and   assembly,  do  enact  as  follows: 
Section  1.     The  premium  or  charge  for  bonds  given  by 
surety   companies  for   state   officials,    county   officials,   city 
officials,  or  city  and  county  officials,  shall  be  paid  by  the 
state,   county,   city,  or  city  and   county   respectively;    pro- 
.vided  however,  that  no  premium  or  charge  shall   exceed 
one-half   of   one   per   cent   per   annum    on   the   amount   of 
such   bond;    and  provided   further,   that  this  act  shall  not 
apply  to  notaries  public. 

Sec.    2.     This   act   shall   take   effect   from    and   after   its 
passage. 

Pol.    Code — 66  (1041) 


1042  APPENDIX. 

CITY  AND  COUNTY  ATTORNEYS. 

An  act  to  provide  for  furnishing  assistants  to  every  at- 
torney and  counselor,  city  attorney,  and  city  and 
county  attorney,  and  to  each  law  officer,  of  whatever 
official  name  he  may  be  designated,  officially  conduct- 
ing the  civil  litigation  of  each  city  or  city  and  county 
having  one  hundred  thousand  or  more  inhabitants, 
and  providing  the  mode  in  which  such  assistants  shall 
be  appointed  and  designated  as  omcers  of  each  city 
or  city  and  county,  and  establishing  the  compensation 
and   prescribing  the   duties   of   such   assistants. 

[Approved  March  11,  1891;  Stats.  1891,  p.  95;  in  effect 
immediately.] 

The  act  fixed  the  number  of  assistants  and  their  com- 
pensation. It  was  superseded  as  to  San  Francisco  by  the 
charter. 

CONSTABLES. 

An   act   legalizing   the   official   acts   of   constables   in   this 
state,    performed     between    the   first    Monday   of    Jan- 
uary and  the  first  Monday  of  March,  eighteen  hundred 
and    seventy-four. 
[Approved  March  27,  1874;   Stats.  1873-4,  p.  700;   in  effect 
immediately.] 
The  nature  of  the  act  appears  from  its  title. 

CONTROLLER. 

An  act  repealing  the  act  of  1895  allowing  an  extra  clerk 
to  the  controller  and  creating  the  office  of  expert  to  the 
controller  was  passed  March  20,  1899;  Stats.  1899,  p.  146; 
in   effect   immediately. 

COUNTY   CLERKS. 

An    act   in    relation    to     certain    deputies,    assistants,    and 

copyists  of  county  clerlis. 

[Approved  April  2,   1880;    1880,  20   (Ban.  ed.   104).     Am'd. 

1891,    5.] 

Unconstitutional:    San  P""rancisco  v.   Broderick,  125  Cal. 

188.     Superseded  as  to  San   Francisco  by  the  charter. 

An  act  authorizing  county  clerks  in  this  state  to  take  and 

certify  affidavits  for  United  States  pension  claimants, 

without  the  payment  of  fees  or  compensation  therefor. 

[Approved  March  10,  1887;  1887,  81.] 


COUNTY  CLERKS— ELECTIONS.  10« 

Affidavits  certified  without  fees. 

Section  1.  All  county  clerks  in  this  state  are  hereby 
authorized  and  empowered  to  take  anJ  certify  affidavits 
for  United  States  pension  claimants  without  demanding 
or  receiving  any  fees  or  compensation  therefor. 

Sec.  2.     This  act  shall  take  effect  immediately. 


DISTRICT    ATTORNEYS. 

An  act  relating  to  district  attorneys,  their  assistants,  and 
clerks,  in  counties  and  cities  and  counties  having  a 
population  of  more  than  one  hundred  and  twenty-five 
thousand. 

[Approved   March  2,   1891;    Stats.   1891,   p.   21.] 

Unconstitutional:  Darcy  v.  Mayor,  104  Cal.  642;  Ex 
parte  Giambonini,  112  Cal.  574.  Superseded  by  County 
Government  Act,  1897,  and  the  charter  of  San  Francisco. 

An   act   in   relation   to   the   fees   of   district   attorneys   in 
certain    counties. 

[Approved   March   30,   1872;    1871-2,    799;    in   effect  imme- 
diately.] 

This  act  related  to  the  fees  of  district  attorneys  in 
Butte,  Inyo,  Placer,  and  Shasta. 

The  code  commissioners  say  this  act  was  probably  re- 
pealed by  sees.  171,  177,  18G  and  211  of  the  County  Govern- 
ment Act  of  1897,  523,  527,  540,  5G8,  fixing  the  salaries  of 
district  attorneys. 

ELECTIONS. 

An  act  to  ascertain  the  will  of  the  people  upon  the  sub- 
ject of  requiring  an  educational  qualification  of  voters. 

[Approved  March  17,  1891;  Stats.  1891,  p.  115.] 

The  people,  at  the  election  held  in  November,  1892, 
voted  in  favor  of  an  educational  qualification. 

An  act  in  relation  to  municipal  elections  where  held 
separate  from  state  elections  and  elections  for  free- 
holders or  charters,  and  to  repeal  the  act  of  1897  relating 
to  elections  of  freeholders  was  approved  March  4,  1899; 
Stats.  1899,  p.   G3;    in  effect  immediately. 


APPENDIX. 


An  act  to  promote  the  purity  of  elections  by  regulating 
the  conduct  thereof,  and  to  support  the  privilege  of 
free  suffrage  by  prohibiting  certain  acts  and  privi- 
leges in  relation  thereto,  and  providing  for  the  pun- 
ishment thereof. 

[Approved  February  23,  1893;  Stats.  1893,  p.  12;  in  effect 
immediately;    am'd.   1895,  227;    1905,   37;    1905,  93.] 

Unconstitutional  in  so  far  as  it  requires  an  oath  of  a 
successful  candidate  for  office,  in  addition  to  that  pre- 
sented by  the  constitution:   Bradley  v.  Clark,  133  Cal.  196. 

Section  1.  All  nominations  of  candidates  for  public 
office  to  be  filled  by  election  within  this  state,  and 
presidential  electors,  must  be  filed  with  the  proper  offi- 
cer within  the  time  and  in  the  manner  prescribed  by 
law.  Every  certificate  of  nominations  made  by  the  mem- 
bers of  a  political  party,  or  by  a  convention  or  organ- 
ized assemblage  of  delegates,  or  other  body  of  citizens 
representing  a  political  party  or  principle,  must  be  signed 
as  provided  by  the  provisions  of  sections  eleven  hundred 
and  eighty-seven  (1187)  or  eleven  hundred  and  eighty- 
eight  (1188)  of  the  Political  Code  of  this  state;  and  at 
the  time  of  filing  the  certificate  of  nomination,  the  person 
signing  such  certificates  of  nomination  shall  also  file  with 
the  officer  authorized  by  law  to  receive  and  file  such 
certificate,  the  names  of  five  persons,  who  have  accepted, 
in  writing,  and  consented  to  act,  selected  to  receive, 
expend,  audit,  and  disburse  all  moneys  contributed,  do- 
nated, subscribed,  or  in  any  wise  furnished  or  raised  for- 
the  purpose  of  aiding  or  promoting  the  election  of  the 
candidates  for  office  or  electors  named  in  the  said  cer- 
tificate of  nomination  or  in  any  manner  to  be  used  in 
respect  of  the  conduct  and  management  of  the  election 
at  which  such  candidates  are  to  be  voted  for.  The  cer- 
tificate of  nomination  must  not  be  received  or  filed  unless 
accompanied  by  the  names  of  five  persons,  citizens  and 
electors  of  this  state,  to  compose  such  committee,  to- 
gether with  their  written  acceptance  and  consent  to  act 
as  such  committee,  as  required  by  this  act.  All  indepen- 
dent candidates  must  file  the  names  of  five  persons  to  act 
as  an  auditing  committee,  in  the  same  manner  and  at  the 
same  time  as  required  by  all  regular  party  nominees  or 
candidates,  and  all  members  of  such  an  auditing  com- 
mittee acting  for  an  independent  candidate  are  to  be 
governed   by  the  same  laws  and  requirements  as  the  au- 


ELECTIONS.  W*6 

diting  committee  of  all  regular  party  nomiuees  or  candi- 
dates. The  said  committee  shall  have  the  exclusive  cus- 
tody of  all  moneys  contributed,  donated,  subscribed,  or 
in  anywise  furnished  or  raised  for  or  on  behalf  of  the 
political  party,  organized  assemblage  or  body,  or  candi- 
dates represented  by  said  committee,  and  shall  disburse 
the  same  on  proper  vouchers,  under  the  directions  of  the 
body  of  superior  authority  to  which  it  is  subject,  if  there 
be  any.  If,  for  any  cause,  a  vacancy  shall  occur  in  the 
membership  of  said  committee  prior  to  the  fifteenth  day 
before  the  day  of  holding  an  election,  the  vacancy  must 
be  filled  by  the  same  authority  as  vacancies  in  the  list  of 
nominees  are  filled.  No  vacancy  by  resignation  .there- 
from or  refusal  to  act  upon  said  committee  shall  occur 
after  the  fifteenth  day  before  the  day  of  holding  an  elec- 
tion, or  until  the  said  committee  shall  have  completed  and 
discharged  all  of  the  duties  required  of  them  by  this  act. 
If  any  vacancy  be  created  by  death  or  legal  disability  sub- 
sequent to  the  fifteenth  day  before  the  day  of  holding  aa 
election,  such  vacancy  shall  not  be  filled,  and  the  remain- 
ing members  shall  discharge  and  complete  the  duties  re- 
quired of  said  committee  as  if  such  vacancy  had  not  been 
created.  [Amendment  approved  March  27,  1895;  Stats. 
1895,  p.  227.] 

Sec.  2.  Within  twenty-one  days  after  the  completion  of 
the  official  canvass  of  the  result  of  the  election,  said 
committee  shall  file,  as  hereinafter  provided,  an  itemized 
statement,  showing  in  detail  all  of  the  moneys  contributed, 
donated,  subscribed,  or  in  any  wise  furnished  or  received 
to  the  use  of  the  political  party,  organized  assemblage, 
or  body,  or  any  or  all  of  the  candidates  for  public  office, 
or  electors  coming  under  the  control  of  such  committee,  or 
into  their  custody,  directly  or  indirectly,  together  with 
the  name  of  each  contributor,  donor,  subscriber,  or  source 
from  which  such  moneys  were  derived,  and  an  itemized 
statement  of  all  money  expended;  such  statement  shall 
give  the  names  of  the  various  persons  to  whom  such 
moneys  were  paid,  the  specific  nature  of  each  item,  by 
whom  the  sei'vice  was  performed,  and  the  purpose  for 
which  it  was  expended.  There  shall  be  attached  to  such 
statement  an  affidavit,  subscribed  and  sworn  to  by  each 
member  of  said  committee,  setting  forth,  in  substance, 
that  the  statement  thus  made  is  in  all  respects  true,  and 
that  the  same  is  a  full  and  detailed  statement  of  all  mon- 
eys, securities,  or  equivalents  for  moneys  coming  under 
their  control  or  into  their  custody,  and  by  them  expended, 
directly   or   indirectly.     Such   statement   shall   be   filed    in 

34 


1046  APPENDIX. 

the  same  office  in  which  is  filed  the  certificate  of  their 
selection  as  such  committee,  and  shall  become  a  public 
document,  and  open  to  inspection  by  any  citizen. 

Sec.  3.  Every  candidate  who  is  voted  for  at  any  public 
election  held  within  the  state  shall,  within  fifteen  days 
after  the  day  of  holding  such  election,  file,  as  hereinafter 
provided,  an  itemized  statement,  showing  in  detail  all 
moneys  paid,  loaned,  contributed,  or  otherwise  furnished 
to  him,  or  for  his  use,  directly  or  indirectly,  in  aid  of  his 
election,  and  all  moneys  contributed,  loaned  or  expended 
by  him,  directly  or  indirectly,  by  himself  or  through  any 
other  person,  in  aid  of  his  election.  Such  statement  shall 
give  the  names  of  the  various  persons  who  paid,  loaned, 
contributed,  or  otherwise  furnished  such  moneys  in  aid 
of  his  election,  and  the  names  of  the  various  persons  to 
whom  such  moneys  were  contributed,  loaned,  or  paid,  the 
specific  nature  of  each  item,  the  service  performed,  and 
by  whom  performed,  and  the  purpose  for  which  the  money 
was  expended,  contributed,  or  loaned.  There  shall  be  at- 
tached to  such  statement  an  affidavit,  subscribed  and  sworn 
to  by  such  candidate,  which  must  be  substantially  in  the 
following  form: 

State  of  California, 
County  of  ,  — ss. 

I    (name),    having   been    a    candidate    for    the    office    of 

,  at  the  election  held   in  the  county,  city  and  county, 

city,   or   other   division,    state   of   California,   on   the  

day  of  ,  18—,  do  solemnly  swear  that  I  have  paid  the 

sum  of  $ for  my  expenses  at  the  said  election,  and  no 

more,  and  that,  except  as  aforesaid,  I  have  not,  nor  to  the 
best  of  my  knowledge  and  belief  has  any  person,  club,  soci- 
ety, or  association,  on  my  behalf,  directly  or  indirectly, 
made  any  payment,  or  given,  promised,  or  offered  any 
reward,  office,  employment,  or  valuable  consideration,  or 
incurred  any  liability,  on  account  of  or  in  respect  of  the 
conduct  or  management  of  the  said  election,  and  excep' 
such  moneys  as  may  have  been  paid  to  or  expended  by  the 
committee  selected  as  prescribed  by  the  act  of  the  legis- 
lature of  this  state  approved  (date  of  this  act).  And  I 
further  solemnly  swear  that,  except  as  aforesaid,  no  money, 
security,  or  equivalent  for  money  has  to  my  knowledge  or 
belief  been  paid,  advanced,  given,  or  deposited  by  any 
one,  to  or  in  the  hands  of  myself,  or  any  other  person,  for 


ELECTIONS.  1047 

the  purpose  of  defraying  any  expenses  incurred  on  my 
behalf,  or  in  aid  of  my  election,  or  on  account  of  or  in 
respect  of  the  conduct  or  management  of  the  said  election. 
And  I  further  solemnly  swear  that  I  will  not,  at  any 
future  time,  make,  or  be  a  party  to  the  making  or  giving 
of,  any  payment,  reward,  office,  employment,  or  valuable 
consideration  for  the  purpose  of  defraying  any  such  ex- 
penses as  last  mentioned,  or  provide  or  be  a  party  to  the 
providing  of  any  money,  security,  or  equivalent  for  money 
for  the  purpose  of  defraying  any  such  expenses. 

If  the  candidate  seeks  to  avoid  the  responsibility  of  any 
illegal  payment  made  by  any  other  person  in  his  behalf, 
he  shall  set  out  such  illegal  payment  and  disclaim  re- 
sponsibility therefor.  Candidates  for  office  to  be  filled  by 
the  electors  of  the  state,  or  of  any  political  division  there- 
of greater  than  a  county,  and  for  members  of  the  senate 
and  assembly,  representative  in  CongTess,  or  for  members 
of  the  state  board  of  equalization,  state  board  of  railroad 
commissioners,  shall  file  their  statements  in  the  office  of 
the  secretary  of  state.  Candidates  for  all  other  offices 
shall  file  their  statements  in  the  office  of  the  clerk  of  the 
county  wherein  the  election  is  held,  and  within  which  the 
duties  of  the  office  for  which  the  candidate  is  voted  for  ar^^ 
to  be  exercised.  The  statement  and  affidavit  of  a  com- 
mittee or  candidate  shall  be  recorded  in  the  office  of  the 
county  recorder,  and  shall,  after  being  filed,  become  a 
public  record,  and  open  at  all  times  to  public  inspection 
Vouchers  must  be  filed  for  all  expenditures,  except  in  the 
case  of  sums  under  five  dollars. 

Sec.  4.  Any  candidate  for  a  public  office  who  shall  refuse 
or  neglect  to  file,  or  who  makes  a  false  statement  of 
moneys  received  or  expended,  as  prescribed  by  section 
three  of  this  act,  shall  in  addition  to  the  punishment  of 
such  offense  prescribed  by  the  laws  of  this  state,  forfeit 
any  office  to  which  he  may  have  been  elected  at  the  elec- 
tion with  reference  to  which  the  statement  is  required 
to  be  made.  If  a  candidate  elected  to  a  public  office  re- 
fuses or  neglects  to  file  the  statement  prescribed  by  sec- 
tion three  of  this  act,  no  certificate  of  election  shall  be 
issued  to  him,  neither  shall  any  official  bond  presented  or 
offered  by  him  be  approved,  and  the  incumbent  of  the 
office,  unless  he  is  himself  a  defaulting  candidate,  must  not 
surrender  or  deliver  up  said  office,  but  shall  continue  to 


1048  APPENDIX. 

discharge  the  duties  and  shall  receive  the  emoluments 
thereof.  If  the  candidate  refusing  or  neglecting  to  file  the 
statement,  or  making  a  false  statement  of  moneys  re- 
ceived or  expended,  is  the  incumbent  of  an  office  of  profit 
or  trust  under  the  laws  of  this  state,  in  addition  to  the 
punishment  prescribed  by  the  laws  of  this  state  for  such 
refusal  or  neglect,  or  for  making  such  false  statement, 
he  shall  be  deprived  of  his  office,  and  shall  also  forfeit 
any  office  to  which  he  may  have  been  elected  at  the  elec- 
tion in  reference  to  which  the  statement  is  required  to  be 
made. 

Sec.  5.  No  sum  of  money  shall  be  paid  and  no  ex- 
pense shall  be  incurred  by  or  on  behalf  of  a  candidate  at 
an  election  held  within  this  state  at  which  he  is  a  can- 
didate, or  by  or  on  behalf  of  a  committee  selected  under 
the  provisions  of  section  one  of  this  act,  or  by  or  on 
behalf  of  the  body  or  superior  authority  to  which  such 
committee  is  subject,  if  any,  whether  before,  during,  or 
after  an  election,  on  account  of  or  in  respect  of  the  con- 
duct or  management  of  such  election,  except  for  the 
expenses  of  holding  and  conducting  public  meetings  for 
the  discussion  of  public  questions,  and  of. printing  and 
circulating  specimen  ballots,  handbills,  cards,  and  other 
papers  previous  to  such  election,  and  of  advertising,  and 
of  postage,  expressage,  telegraphing  and  telephoning,  and 
of  supervising  the  registration  of  voters,-  and  watching 
the  polling  or  counting  of  votes  cast  at  such  election,  and 
of  salaries  of  persons  employed  in  transacting  business 
at  office  or  headquarters  and  necessary  expenses  of 
maintaining  same,  and  for  rent  of  rooms  necessary  for 
the  transaction  of  the  business  of  the  candidate  or  com- 
mittee, or  superior  authority  to  which  such  committee  is 
subject,  if  any,  and  for  necessary  incidental  expenses, 
which  shall  not  exceed  the  sum  of  one  hundred  dollars, 
i-f  expended  by  a  candidate,  or  one  thousand  dollars,  if 
expended  by  a  committee;  and  no  sum  shall  be  paid  and 
no  expense  shall  be  incurred,  directly  or  indirectly,  by 
or  on  behalf  of  a  candidate,  whether  before,  during,  or. 
after  an  election,  on  account  of  or  in  respect  of  the 
conduct  and  management  of  an  election  at  which  he  is 
a  candidate,  in  excess  of  the  maximum  amount  following, 
that   is  to   say;    if  the  term  of  the  office  for  which   the 


ELECTIONS.  1"49 

person  is  a  candidate  be  for  one  year  or  less,  five  per  cent 
of  the  amount  of  one  year's  salary  of  the  office;  if  the 
term  be  for  more  than  one  year,  and  not  more  than  two 
years,  ten  per  cent  of  tlie  amount  of  one  year's  salary 
of  the  office;  if  the  term  be  for  more  than  two  years,  and 
not  more  than  three  years,  fifteen  per  cent  of  the  amount 
of  one  year's  salary  of  the  office;  if  the  term  be  for  more 
than  three  years,  and  not  more  than  four  years,  twenty 
per  cent  of  the  amount  of  one  year's  salary  of  the  office; 
if  the  term  be  for  more  than  four  years,  ten  per  cent  of 
the  amount  of  one  year's  salary  of  the  office;  if  the 
office  be  one  for  which,  in  lieu  of  salary,  there  is  allowed 
per  diem,  for  a  statutory  period,  or  for  the  number  of 
days  actually  engaged  in  the  performance  of  public  du- 
ties, twenty-five  per  cent  of  the  amount  to  accrue  for 
the  statutory  period;  if  the  office  be  one  for  which,  in 
lieu  of  salary,  a  yearly  sum  is  allowed  the  officer  for 
all  the  expenses  of  his  office,  the  expenditures  of  the 
candidate  for  such  office  shall  not  exceed  the  amount  of 
ten  per  cent  of  the  allowance  for  such  office  for  one 
year;  if  the  office  be  one  for  which  no  salary  or  com- 
pensation is  allowed  except  fees,  or  a  salary  not  ex- 
ceeding nine  hundred  dollars  per  annum  and  fees,  the 
expenditures  of  the  candidate  for  such  office  shall  not 
exceed  the  amount  of  one  hundred  and  fifty  dollars;  if 
the  office  be  one  for  whch  no  salary  or  compensaiion  is 
allowed,  or  for  which  a  per  diem  is  allowed  for  the 
days  actually  employed  in  the  performance  of  a  public 
duty,  the  expenditures  of  the  candidate  for  such  office 
shall  not  exceed  one  hundred  dollars;  if  the  candidate  is 
also  at  the  same  time  a  candidate  for  an  unexpired  term, 
he  shall  not  pay  or  expend  any  sum  on  account  of  such 
unexpired  term,  but  the  maximurii  amount  to  be  expended 
by  such  candidate  shall  be  as  hereinabove  provided. 

Sec.  6.  Every  claim  payable  by  the  committee  selected 
under  the  provisions  of  section  one  of  this  act  on  account 
of  or  in  respect  of  any  expense  incurred  in  the  conduct 
and  management  of  an  election  held  within  this  state,  or 
on  belialf  of  the  candidates  of  the  political  party,  or- 
ganized assemblage,  or  body  which  such  committee  rep- 
resents, must  be  presented  to  the  committee  within  ten 
days  after  the  return  day  of  the  election,  and  if  not  so 


1050  APPENDIX. 

presented,  the  same  shall  not  be  paid,  and  no  action 
shall  be  commenced  or  maintained  thereon,  and  all  ex- 
penses incurred  as  aforesaid  shall  be  paid  within  fifteen 
days  after  the  completion  of  such  official  canvass,  ami 
not  otherwise.  Every  claim  in  respect  of  any  expenses 
incurred  by  or  on  behalf  of  a  candidate  at  an  ellection  held 
within  this  state  on  account  of  or  in  respect  of  the  con- 
duct or  management  of  such  election  shall  be  presented 
to  such  candidate  within  ten  days  after  the  day  of  elec- 
tion, and  if  not  so  presented,  the  same  shall  not  be  paid, 
and  no  action  shall  be  instituted  or  maintained  thereon; 
and  all  such  expenses  incurred  as  aforesaid  must  be 
paid  within  twelve  days  after  the  day  of  election,  and 
not  otherwise.  Any  person  who  makes  a  payment  in 
contravention  of  this  section,  except  where  such  payment 
is  allowed,  as  provided  by  this  act,  is  guilty  of  a  misde- 
meanor. 

Sec.  7.  The  superior  court  of  the  county  wherein  such 
statement  is  filed  or  is  required  to  be  filed,  may,  on  the 
application  of  either  the  committee  or  candidate,  or  a 
creditor  of  either,  allow  any  claim,  not  in  excess  of  the 
maximum  amount  allowed  by  this  act,  to  be  presented 
and  paid  after  the  time  limited  by  this  act;  and  a  state- 
ment of  any  sum  so  paid  with  a  certificate  of  its  allow- 
ance, shall  forthwith,  after  payment,  be  filed  by  the 
committee  or  candidate  in  the  same  office  as  the  original 
statement  of  the  committee  or  candidate.  If  the  candi- 
date or  committee,  upon  such  application,  shall  show  to 
the  satisfaction  of  said  caurt  that  any  error  or  false  re- 
cital in  such  statement  or  afl[idavit,  or  that  the  failure 
to  make  such  statement  or  aflfidavit,  or  to  present,  within 
the  designated  time,  a  claim  otherwise  just  and  proper, 
has  been  occasioned  by  the  absence  or  illness  of  such 
candidate,  or  by  the  absence,  illness  or  death  of  one  or 
more  members  of  such  committee,  or  by  the  misconduct 
of  any  person  other  than  such  applicant,  or  by  inadver- 
tence or  excusable  neglect,  or  of  any  reasonable  cause  of 
a  like  manner,  and  not  by  reason  of  any  want  of  good 
faith  on  the  part  of  the  applicant,  the  court  may,  after 
such  notice  of  the  application  as  the  court  shall  require, 
and  on  the  production  of  such  evidence  of  the  facts 
stated  in  the  application  as  shall  be  satisfactory  to  such 


ELECTIONS.  1051 

court,  by  order,  allow  such  statement  and  affidavit  to  be 
filed,  or  such  error  or  false  recital  therein  to  be  corrected, 
or  such  claims  to  be  paid,  as  to  the  court  seems  just; 
and  such  order  shall  relieve  the  applicant  from  any  lia- 
bility or  consequences  under  this  act  in  respect  of  the 
matters  excused  by  the  order.  If  the  application  is  made 
by  a  creditor,  the  court  may,  under  like  conditions  and 
upon  a  like  showing,  order  the  claim  to  be  paid,  and  the 
creditor  shall  also  be  entitled  to  his  costs.  The  claims 
of  one  or  more  creditors  may  be  united  in  such  applica- 
tion, but  the  amount  and  specific  nature  of  each  claim 
must  be  fully  stated. 

Sec.  8.  No  payment  of  money  shall  be  made  and  no 
expense  shall  be  incurred  by  any  person  in  aid  of,  or  for 
or  on  behalf  of,  any  candidate,  or  on  account  of  or  in 
respect  of  the  conduct  or  management  of  an  election  held 
within  this  state,  except  by  a  candidate  or  the  committee 
selected  under  the  provisions  of  section  one  of  this  act, 
or  the  committee,  body,  or  superior  authority  to  which 
such  committee  is  subject;  and  all  expenses  incurred  by 
the  committee,  body,  or  superior  authority  to  which  the 
said  committee  is  subject  shall  be  paid  only  from  the  fund 
in  the  custody  of  the  said  committee  so  selected,  as  re- 
quired by  this  act.  Any  contract  for  the  payment  of 
money  or  any  expense  incurred  contrary  to  the  provisons 
of  this  section  shall  be  absolutely  void. 

Sec.  9.  No  payment  of  any  money  shall  be  made  by  a 
committee  or  candidate  for  the  rent  of  any  premises  to 
be  used  as  a  committee-room  or  headquarters,  or  for 
holding  a  meeting,  or  for  the  purpose  of  promoting  the 
election  of  a  candidate,  or  on  account  of,  or  in  respect  to 
the  conduct  or  management  of,  an  election,  where  intoxi- 
cating liquors  are  sold  for  consumption  on  the  premises, 
or  where  intoxicating  liquor  is  supplied  to  members  of 
any  club,  society,  or  association;  provided,  that  nothing 
in  this  section  shall  apply  to  any  part  of  such  premises 
which  is  ordinarily  let  for  the  purpose  of  offices,  or  for 
holding  public  meetings,  if  such  part  has  a  separate  en- 
trance and  no  direct  communication  with  any  part  of 
the  premises  on  which  any  intoxicating  liquor  or  refresh- 
ment is  sold  or  supplied  as  aforesaid. 


1052  APPENDIX. 

Sec.  10.  Every  bill,  placard,  poster,  pamphlet,  or  other 
printed  matter  having  reference  to  an  election,  or  to  any 
candidate,  shall  bear  upon  the  face  thereof  the  name  and 
address  of  the  printer  and  publisher  thereof,  and  no  pay- 
ment therefor  shall  be  made  or  allowed  unless  such  ad- 
dress is  so  printed. 

Sec.  11.  "VV^henever  any  candidate  for  a  public  office 
pays,  lends,  or  contrbutes,  or  offers  or  agrees  to  pay, 
lend,  or  contribute,  any  money  or  other  valuable  con- 
sideration to  or  for  any  person,  either  for: 

1.  The  doing  or  procuring  to  be  done  of  any  act  for- 
bidden to  be  done  by  the  laws  of  this  state  relating  to 
public  elections;  or 

2.  The  commission  of  any  crime  or  offense  against  the 
elective  franchise,  or  the  encouragement  or  assistance 
of  a  person  in  the  commission  of  a  crime  or  offense 
against  the  elective  franchise,  or  aiding  or.  assisting  any 
person  charged  with  the  commission  of  a  crime  against 
the  elective  franchise  to  evade  arrest  or  to  escape  con- 
viction and  punishment  for  such  crime  or  offense;   or 

3.  Providing  wholly  or  in  part  the  expense  of  boarding, 
lodging,  or  maintaining  a  person  at  any  place  or  domicile 
in  any  election  precinct  or  ward  of  district  with  the  pur- 
pose of  securing  the  vote  ot  such  person  for  himself  or  any 
other  person  at  an  election  held  within  the  state;  or 

4.  The  hiring  or  employment  of  a  person  to  take  or 
maintain  a  place  in,  or  to  otherwise  obstruct  or  hinder, 
or  to  prevent  the  forming  of.  the  line  of  voters  awaiting 
their  opportunity  or  time  to  enter  the  polling-place  or 
election-booth  of  an  election  precinct;  or 

5.  For  services  rendered  in  securing  his  nomination  for 
the  office  of  which  he  is  a  candidate,  or  for  placing  his 
name  upon  any  list  of  nominees,  filed  with  a  public  officer 
authorized  to  receive  certificates  of  nomination,  except 
the  cost  or  expense  authorized  by  the  Political  Code  to 
be  contributed  by  a  candidate  of  nomination  to  defray 
the  legal  and  authorized  expenses  of  a  primary  election: 
and  except,  also,  the  cost  or  expense  of  circulating  a 
nominating  petition  for  signatures  of  voters,  or  in  con- 
eideralion   of   any    member    of    a    convention,     organized 


ELECTIONS.  105J 

assemblage  of  delegates,  or  other  body  representing  or 
claiming  to  represent  a  political  party  or  principle,  having 
voted  to  secure  for  him  his  selection  or  indorsement  as 
the  nominee  of  such  convention,  organized  assemblage, 
or  body,  for  the  office  for  which  he  is  a  candidate,  or  in 
consideration  of  any  person  aiding  him  in  securing  his 
election  rr  indorsement  as  aforesaid;   or 

6.  In  consideration  of  any  person  withdrawing  as  a 
candidate  for  public  office  or  presidential  elector  at  any 
election  held  within  this  state;  or 

7.  For  any  purpose  in  contravention  of  the  provisions 
of  this  act;   or 

8.  For  any  purpose  whatever  in  excess  of  the  maximum 
amount  which  such  candidate  may  lawfully  expend  under 
the  provisions  of  this  act;  or 

9.  Makes  any  payment  after  the  time  limited  by  this 
act,  unless  the  same  is  authorized  as  provided  in  this 
act;  or  unless  it  be  in  satisfaction  of  a  judgment  ob- 
tained against  him,  whether  before,  during,  or  after  an 
election,  in  respect  of  or  on  account  of  such  election,  or 
who  refuses  or  neglects  to  file  the  statement  prescribed 
by  section  three  of  this  act,  or  who  makes  or  files  a 
false  statement  thereof,  or  is  guilty  of  any  crime  against 
the  elective  franchise,  or  of  any  offense  which  is  pun- 
ishable by  fine  or  imprisonment,  or  both,  under  the  pro- 
visions of  this  act — such  candidate  shall,  in  addition  to 
the  punishment  prescribed  by  the  laws  of  this  state  or 
by  this  act,  forfeit  any  office  to  which  he  may  have  been 
elected  at  the  election  in  reference  to  which  such  crime 
or  offense  was  committed;  and  if  the  candidate  so  offend- 
ing is  the  incumbent  of  an  office  of  profit  or  trust  under 
the  laws  of  this  state,  he  shall  thereby  forfeit  this  office. 
Any  candidate  who  procures,  aids,  assists,  counsels  or 
advises  the  payment  of  any  money  or  other  valuable  thing 
by  or  on  behalf  of  a  committee  selected  under  the  pro- 
visions of  section  one  of  this  act,  and  such  payment 
is  made  for  any  purpose  which,  if  the  money  were  ex- 
pended by  the  candidate,  would  work  a  forfeiture  of 
the  office  to  which  he  has  been  elected,  such  payment 
shall  be  deemed  to  have  been  made  by  such  candidate, 
and  he  shall  forfeit  any  office  to  which  he  may  have  been 


1054  APPENDIX. 

elected  at   the  election   in  reference  to   which  such    pay- 
ment was  made  by  or  on  behalf  of  such  committee. 

Sec.  12.  Any  elector  of  the  state,  or  of  any  county,  city 
and  county,  city  or  of  any  political  subdivisions  of  either, 
may  contest  the  right  of  any  person  declared  elected  to  an 
oflBce  to  be  exercised  therein  for  any  of  the  causes  or  of- 
fenses named  in  this  act,  or  to  annul  and  set  aside  the 
election  of  any  person  declared  elected  to  an  office  to 
be  exercised  therein  who  has  forfeited  his  office  for  any 
offense  committed  in  contravention  of  this  act.  In  such 
a  proceeding  the  provisions  of  title  two  of  part  three  of 
the  Code  of  Civil  Procedure  of  the  state  of  California, 
relating  to  the  proceedings  of  contesting  certain  elections, 
so  far  as  they  are  not  inconsistent  with  the  provisions 
of  this  act,  are  applicable  to  proceedings  authorized  by 
this  section.  If  the  contest  or  proceedings  be  as  to  the 
right  of  any  person  declared  elected  to  the  office  of 
senator  or  member  of  the  assembly,  the  provisions  of  sec- 
tions two  hundred  and  seventy-three  to  two  hundred 
and  eighty-three,  both  inclusive,  of  the  Political  Code  of 
this  state  shall  govern  and  control  the  conduct  and  dis- 
position of  such  contest  of  proceeding.  If  the  contest 
be  as  to  the  right  of  any  person  declared  elected  to  the 
office  of  governor  or  lieutenant-governor,  such  proceed- 
ings shall  be  had  as  are  provided  by  sections  two  hundred 
and  eighty-eight  to  two  hundred  and  ninety-five,  both 
inclusive,  of  the  Political  Code  of  this  state,  and  shall 
govern  and  control  the  conduct  and  disposition  of  such 
proceeding.  Any  offense  mentioned  in  this  act  which,  if 
committed  by  the  incumbent  of  an  office,  other  than 
member  of  the  senate  or  assembly,  or  governor  or  lieu- 
tenant-governor, or  any  other  office  named  in  section 
eighteen  of  article  four  of  the  constitution  of  this  state, 
is  cause  of  removal  of  such  officer  from  his  office,  and  is 
hereby  declared  to  be  a  misdemeanor  in  office,  within  the 
meaning  of  the  constitution  of  this  state;  and  for  any 
such  misdemeanor  in  office,  the  governor,  lieutenant-gov- 
ernor, or  other  officer  mentioned  in  said  section  eigh- 
teen of  article  four  of  the  constitution,  is  liable  to  im- 
peachment. For  any  such  misdemeanor  in  office  com- 
mitted by  a  member  of  the  senate  or  assembly  of  this 
state,  with  the  concurrence  of  two  thirds  of  the  members 


ELECTIONS.  1053 

elected,  such  member  may  be  expelled.  If  the  proceed 
ing  is  against  the  incumbent  of  an  office  of  profit  or  trust 
under  the  laws  of  this  state,  other  than  member  of  the 
senate  or  assembly,  or  governor  or  lieutenant-governor, 
or  other  officer  liable  to  impeachment,  to  remove  him 
from  or  deprive  him  of  his  office  for  any  offense  in  con- 
travention of  the  provisions  of  this  act,  the  pi'ovisions  of 
sections  seven  hundred  and  fifty-eight  to  seven  hundred 
and  seventy-two,  both  inclusive,  of  the  Penal  Code  of  the 
state  of  California  shall  be  applicable  to  such  proceedings. 

Sec.  13.  Where,  upon  the  trial  of  any  action  or  pro- 
ceeding jnder  the  provisions  of  this  act  for  the  contesting 
of  the  right  of  any  person  declared  elected  to  an  office,  or 
to  annul  and  set  aside  such  election,  or  to  remove  a 
person  from  his  office,  it  appears  from  the  evidence  that 
the  offense  complained  of  was  not  committed  by  the  can- 
didate, or  with  his  knowledge  or  consent,  or  was  com- 
mitted without  his  sanction  or  connivance,  and  that  all 
reasonable  means  for  preventing  the  commission  of  such 
offenses  at  such  election  were  taken  by  and  on  behalf  of 
the  candidate,  or  that  the  offenses  complained  of  were 
trivial,  unimportant,  and  limited  in  character,  and  that 
in  all  other  respects  his  participation  in  the  election  was 
Iree  from  such  offenses  or  illegal  acts,  or  that  any  act  or 
omission  of  the  candidate  arose  from  inadvertence  or 
from  accidental  miscalculation,  or  from  some  other  rea- 
sonable cause  of  a  like  nature,  and  in  any  case  did  not 
ai'ise  from  any  want  of  good  faith,  and  under  the  cir- 
cumstances it  seems  to  the  court  to  be  just  that  the  said 
candidate  should  not  forfeit  his  office,  or  be  deprived  of 
any  office  of  which  he  is  the  incumbent,  then  the  election 
of  such  candidate  shall  not,  by  reason  of  such  offense  or 
omission  complained  of,  be  void,  nor  shall  the  candidate 
be  removed  from  or  deprived  of  his  office. 

Sec.  14.  An  action  to  contest  the  right  of  any  person 
declared  elected  to  an  office,  or  to  annul  and  set  aside 
such  election,  or  to  remove  from  or  deprive  any  person 
of  an  office  of  which  he  is  the  incumbent,  for  any  offense 
mentioned  in  this  act,  must,  unless  a  different  time  be 
stated,  be  commenced  within  forty  days  after  the  return 
day  of  the  election  at  which  such  offense  was  committed; 


1056  APPENDIX. 

or  unless  the  ground  of  the  action  or  proceeding  is  the 
illegal  payment  of  money  or  other  valuable  thing  subse- 
quent to  the  filing  of  the  statement  prescribed  by  section 
three  of  thi  ^  act,  in  which  case  the  action  or  proceeding 
may  be  commenced  at  any  time  after  such  illegal  pay- 
ment. A  contest  of  the  office  of  governor  or  lieutenant- 
governor,  or  member  of  the  senate  or  assembly,  must  be 
commenced  within  twenty  days  after  the  certificate  of 
election  is  issued  or  the  declaration  of  the  result  of  the 
election. 

Sec.  15.  An  application  for  filing  a  statement,  payment, 
of  a  claim,  or  correction  of  an  error  or  false  recital  in  a 
statement  filed,  or  an  action  or  proceeding  to  annul  and 
set  aside  the  election  of  any  person  declared  elected  to 
an  office,  or  to  remove  or  deprive  any  person  of  his  office 
for  an  offense  mentioned  in  this  act,  must  be  made  to 
or  commenced  in  the  superior  court  of  the  county  in 
which  the  certificate  of  his  nomination  as  a  candidate  for 
the  office  to  which  he  is  declared  elected  or  is  the  incum- 
bent is  filed,  or  would  be  filed,  under  any  law  enacted 
subsequent  to  the  first  day  of  January,  eighteen  hundred 
and  ninety-one,  had  such  law  been  in  force  at  the  time 
lie  was  a  candidate. 

Sec.  16.  A  candidate  elected  to  an  office,  and  whose 
election  thereto  has  been  annulled  and  set  aside  for  any 
offense  mentioned  in  this  act,  shall  not,  during  the  period 
fixed  by  law  as  the  term  of  such  office,  he  appointed  to 
fill  any  vacancy  which  may  occur  in  such  office.  A  can- 
didate or  other  person  who  is  removed  from  or  deprived 
of  his  office  for  any  offense  mentioned  in  this  act  shall 
not,  during  the  period  remaining  as  the  unexpired  term  of 
such  office,  or  during  the  period  fixed  by  law  as  the  next 
ensuing  term  of  such  office,  be  appointed  to  fill  any  va- 
cancy which  may  occur  in  such  office.  Any  appointment 
Lo  an  office  made  in  violation  of  or  contrary  to  the  pro- 
visions of  this  section  shall  be  void. 

Sec.  17.  Every  offense  mentioned  in  this  act  w'lich  is 
punishable  by  imprisonment  in  the  state  prison  is  hereby 
declared  to  be  an  infamous  crime,  and  when  any  person 
Is  convicted  of  an  offense  heroin  declared  to  be  an  in- 
famous crime,  he  shall,  in  addition  to  me  punishment 
prescribed  by  the  laws  of  this  state  for  such  offense,  be 
excluded  from  the  right  of  suffrage  after  snch  conviction; 
and  it  shall  be  the  duty  of  the  county  clerk  of  the  county 


ELECTIONS.  1057 

in  which  any  such  conviction  shall  be  had  to  transmit  a 
certified  copy  of  the  record  of  conviction  to  the  clerk  of 
each  county  of  the  state  within  ten  days  thereafter,  which 
said  certified  copy  shall  be  duly  filed  by  the  said  county 
clerks  in  their  respective  offices,  and  a  record  of  such 
must  be  made,  and  such  record  shall  be  a  public  record, 
and  open  to  the  inspection  of  any  citizen. 

Sec.  18.  If  the  district  attorney  of  the  county  shall 
be  notified  by  any  officer  or  other  person  of  any  violation 
of  any  of  the  provisions  of  this  act,  it  shall  be  his  duty 
forthwith  to  diligently  Inquire  into  the  facts  of  such  vio- 
lation, and  ii.  there  is  reasonable  ground  for  instituting  a 
prosecution,  it  shall  be  the  duty  of  such  district  attorney 
to  file  a  complaint  or  accusation,  in  writing,  before  a 
court  of  competent  jurisdiction,  charging  the  accused 
person  of  such  offense,  and  shall  verify  such  complaint  by 
affidavit ;  but  it  shall  be  sufficient  to  state  in  such  affi- 
davit that  he  believes  the  facts  stated  in  such  complaint 
to  be  true.  If  any  district  attorney  shall  fail  or  refuse 
to  faithfully  perform  any  duty  imposed  upon  him  by 
this  act,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  forfeit  his  office.  It  shall 
be  the  duty  of  the  district  attorney,  under  penalty  of 
forfeiture  of  his  office,  to  prosecute  any  and  all  persons 
guilty  of  any  violation  of  the  provisions  of  this  act,  the 
penalty  of  which  is  fine  or  imprisonment,  or  both,  to  re- 
moval from  office.  Any  citizen  may  employ  an  attorney 
to  assist  the  district  attorney  to  perform  his  duties  under 
this  act,  and  such  attorney  shall  be  recognized  by  the 
district  attorney  and  the  court  as  associate  counsel  in 
the  proceeding;  and  no  prosecution,  action,  or  proceeding 
shall  be  dismissed  without  notice  to,  or  against  the  ob- 
jection of,  such  associate  counsel  until  the  reasons  of  the 
district  attorney  for  such  dismissal,  together  with  the 
objections  thereto  of  said  associate  counsel,  shall  have 
been  filed  in  writing,  argued  by  counsel,  and  fully  con- 
sidered by  the  court,  with  such  limitation  as  to  the  time 
of  filing  such  reasons  and  objections  as  the  court  may 
impose. 

Sec.  19.  It  shalL  be  unlawful  for  any  person,  directly 
or  indirectly,  by  himself  or  through  any  other  person, — 

1.  To  pay,  lend,  or  contribute,  or  offer  or  promise  to 
pay,  lend,  or  contribute,  any  money  or  other  valuable 
consideration,  to  or  for  any  voter,  or  to  or  for  any  other 
Pol.    Code — 67 


1038  APPENDIX. 

person,  to  induce  such  voter  to  vote  or  refrain  from 
voting  at  any  election,  or  to  induce  any  voter  to  vote  or 
refrain  from  voting  at  sucli  election,  for  any  particular 
person  or  persons,  or  to  induce  such  voter  to  come  to  the 
polls  or  remain  away  from  the  polls  at  such  election,  or 
on  account  of  such  voter  having  voted  or  refrained  from 
voting,  or  having  voted  or  refrained  from  voting  for  any 
particular  person,  or  having  come  to  the  polls  or  remained 
away  from  the  polls,  at  such  election. 

2.  To  give,  offer,  or  promise  any  office,  place,  or  em- 
ployment, or  to  promise  to  procure,  or  endeavor  to  pro- 
cure, any  office,  place,  or  employment,  to  or  for  any 
voter,  or  to  or  for  any  other  person,  in  order  to  induce 
such  voter  to  vote  or  refrain  from  voting  at  any  election, 
or  to  induce  any  voter  to  vote  or  refrain  from  voting  at 
such  election  for  any  particular  person  or  persons. 

3.  To  make  any  gift,  loan,  promise,  offer,  procurement, 
or  agreement,  as  aforesaid,  to,  for,  or  with  any  person, 
In  order  to  induce  such  person  to  procure  or  endeavor  to 
procure,  the  election  of  any  person,  or  the  vote  of  any 
voter  at  any  election. 

4.  To  procure,  or  engage,  promise,  or  endeavor  to  pro- 
cure, in  consequence  of  any  such  gift,  loan,  offer,  promise, 
procurement,  or  agreement,  the  election  of  any  person, 
or  the  vote  of  any  voter  at  such  election. 

5.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  with  the  intent  that  the  same,  or  any  part 
thereof,  shall  be  used  in  bribery  at  any  election;  or  to 
knowingly  pay,  or  cause  to  be  paid,  any  money,  or  other 
valuable  thing,  to  any  person  in  discharge  or  repayment 
"of  any  money,  wholly  or  in  part,  expended  in  bribery  at 
any  election. 

6.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  with  the  intent  that  the  same,  or  any  part  thereof, 
shall  be  used  for  boarding,  lodging,  or  maintaining  a 
person  at  any  place  or  domicile  in  any  election  precinct, 
or  ward,  or  district,  with  intent  to  secure  the  vote  of 
such  person,  or  to  induce  such  person  to  vote  for  any 
particular  person  or  persons  at  any  election. 

7.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 


ELECTIONS.  105» 

person,  with  the  intent  that  the  same,  or  any  part  thereof, 
shall  be  used  to  aid  or  assist  any  person  to  evade  arrest 
who  is  charged  with  the  commission  of  a  crime  against 
the  elective  franchise,  for  which,  if  the  person  were  con- 
victed, the  punishment  would  be  imprisonment  in  the 
state  prison. 

8.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  other 
person,  in  consideration  of  being  selected  or  indorsed  as 
the  candidate  of  any  convention,  organized  assemblage  of 
delegates,  or  other  body,  representing,  or  claiming  to 
represent,  a  political  party  or  principle,  or  any  club,  so- 
ciety, or  association,  for  a  public  office,  or  in  considera- 
tion of  the  selection  or  indorsement  of  'any  other  person 
as  a  candidate  for  public  office,  or  in  consideration  of 
any  member  of  a  convention,  club,  society,  or  association 
having  voted  to  select  or  indorse  any  person  as  a  candi- 
date for  a  public  office,  except  that  a  candidate  for  nom- 
ination to  a  public  office  may  contribute  such  proportion 
of  the  cost  and  expense  of  holding  a  primary  election 
as  is  authorized  by  the  Political  Code  of  this  state,  and 
no  more. 

9.  To  advance  or  pay,  or  cause  to  be  paid,  any  money 
or  other  valuable  thing  to  or  for  the  use  of  any  otter 
person,  in  consideration  of  a  person  withdrawing  as  a 
candidate  for  a  public  office. 

Every  person  who  commits  any  of  the  offenses  men- 
tioned in  this  section  is  punishable,  upon  conviction  there- 
of, by  imprisonment  in  the  state  prison  for  not  less  than 
one  year  nor  more  than  seven  years. 

Sec.  20.  It  shall  be  unlawful  for  any  person,  directly 
01  indirectly,  by  himself,  or  through  any  other  person, — 

1.  To  receive,  agree,  or  contract  for,  before  or  during 
an  election,  any  money,  gift,  loan,  or  other  valuable  con- 
sideration, office,  place,  or  employment  for  himself  or 
any  other  person,  for  voting  or  agreeing  to  vote,  or  for 
coming  or  agreeing  to  come  to  the  polls,  or  for  refraining 
or  agreeing  to  refrain  from  voting,  or  for  voting  or  agree- 
ing to  vote,  or  refraining  or  agreeing  to  refrain  from  vot- 
ing, for  any  particular  person  or  persons  at  any  election. 

2.  To  receive  any  money  or  other  valuable  thing,  during 
ir  after  an  election,  on  account  of  himself  or  any  other 

person  having  voted   or  refrained  from  voting,   for   any 


1060  APPENDIX. 

particular  person  or  persons  at  such  election,  or  on  ac- 
count of  himself  or  any  other  person  having  come  to 
the  polls  or  remained  away  from  the  polls  at  such  elec- 
tion, or  on  account  of  having  induced  any  other  person 
to  vote  or  refrain  from  voting,  or  to  vote  or  refrain  from 
voting  for  any  particular  person  or  persons,  or  to  come  to 
or  remain  away  from  the  polls,  at  such  election. 

3.  To  receive  any  money  or  other  valuable  thing, 
before,  during,  or  after  election,  on  account  of  himself 
or  any  other  person  having  voter  to  secure  the  election 
or  indorsement  of  any  other  person  as  the  nominee  or 
candidate  of  any  convention,  organized  assemblage  of 
delegates,  or  other  body  representing,  or  claiming  to  rep- 
resent, a  political  party  or  principle,  or  any  club,  society, 
or  association,  or  on  account  of  himself  or  any  other 
person  having  aided  in  securing  the  selection  or  indorse- 
ment, of  any  other  person  as  a  nominee  or  candidate  as 
aforesaid. 

Every  person  who  commits  any  of  the  offenses  men- 
tioned in  this  section  is  punishable,  upon  conviction,  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  seven  years. 

Sec.  21.  Every  person  who  willfully  causes,  procures, 
or  allows  himself  to  be  registered  in  the  precinct  register 
or  great  register  of  any  county  or  city  and  county,  know- 
ing himself  not  to  be  entitled  to  such  registration,  is 
punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  three  years. 

Sec.  22.  Every  person  who  willfully  causes,  procures, 
or  allows  any  other  person  to  be  registered  in  the  pre- 
cinct register  or  great  register  of  any  county,  or  city  and 
county,  knowing  such  person  not  to  be  entitled  to  such 
registration,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  year  nor  more  than  three 
years. 

Sec.  23.  Every  person  not  entitled  to  vote  who  fraudu- 
lently votes,  and  every  person  who  votes  more  than  once, 
at  any  one  election;  or  knowingly  hands  in  two  or  more 
tickets  folded  together,  or  changes  any  ballot  after  the 
same  has  been  deposited  in  the  ballot-box,  or  adds,  or 
attempts  to  add,  any  ballot  to  those  legally  polled  at  any 
election,  either  by  fraudulently  introducing  the  same  into 
the   ballot-box    before   of    after   the  ballots   therein   have 


ELECTIONS.  1061 

been  counted,  or  adds  to  or  mixes  with,  or  attempts  to 
add  to  or  mix  with,  the  ballots  lawfully  polled,  other 
ballots,  while  the  same  are  being  counted  or  canvassed, 
or  at  any  other  time,  with  intent  to  change  the  result 
of  such  election;  or  carries  away  or  destroys,  or  attempts 
to  carry  away  or  destroy,  any  poll  list,  or  ballots,  or  bal- 
lot-box for  the  purpose  of  breaking  up  or  invalidating 
such  election;  or  willfully  retains,  mutilates,  or  destroys 
any  election  returns;  or  in  any  manner  so  interferes  with 
the  officers  holding  such  election  or  conducting  such  can- 
vass, or  with  the  voters  lawfully  exercising  their  rights 
of  voting  at  such  election,  as  to  prevent  such  election  or 
canvass  from  being  fairly  had  and  lawfully  conducted — 
is  punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  two  nor  more  than  seven  years. 

Sec.  24.  Every  person  not  entitled  to  vote  who  fraudu- 
lently attempts  to  vote,  or  who,  being  entitled  to  vote, 
attempts  to  vote  more  than  once,  at  any  elecion,  or  who 
personates  or  attempts  to  personate  a  person  legally  en- 
titled to  vote,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  two  years. 

Sec.  25.  Every  person  who  gives  or  offers  a  bribe  to 
any  officer  or  member  of  any  legislative  caucus,  political 
convention,  committee,  primary  election,  or  political  gath- 
ering of  any  kind  held  for  the  purpose  of  nominating  can- 
didates for  offices  of  honor,  trust,  or  profit  in  this  state, 
with  intent  to  influence  the  person  to  whom  such  bribe 
is  given  or  offered  to  be  more  favorable  to  one  candidate 
than  to  another,  and  every  person,  member  of  either  of 
the  bodies  in  this  section  mentioned,  who  receives  or 
offers  to  receive  any  such  bribe,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than  one  nor 
more   than  seven   years. 

Sec.  26.  Every  officer  or  clerk  of  election  who  aids  in 
changing  or  destroying  any  poll  list  or  official  ballot,  or 
in  placing  any  ballots  in  the  ballot-box,  or  in  taking  any 
therefrom,  or  adds,  or  attempts  to  add,  any  ballots  to 
those  legally  polled  at  such  election,  either  by  fraudu- 
lently introducing  the  same  into  the  ballot-box  before  or 
after  the  ballots  therein  have  been  counted  or  aads  to 
or  mixes  with,  or  attempts  to  add  to  or  mix  with,  the 
ballots  polled,  any  other  ballots,  while  the  same  are  being 
counted  or  canvassed,  or  at  any  other  time,  with  Intent 
to  change  the  result  of  such  election  or  allows  another 
to  do  so,  when  in  his  power  to  prevent  it,  or  carries  away 


1062  APPENDIX. 

or  destroys,  or  knowingly  allows  another  to  carry  away 
or  destroy,  any  poll  list,  ballots,  ballot-box  or  ballots 
lawfully  polled  is  punishable  by  imprisonment  in  the 
state  prison  for  not  less  than  two  nor  more  than  seven 
years. 

Sec.  27.  Every  person  who  forges  or  counterfeits  re- 
turns of  an  election  purporting  to  have  been  held  at  a 
precinct,  town,  or  ward  where  no  election  was  in  fact 
held,  or  willfully  substitutes  forged  or  counterfeit  returns 
of  election  in  the  place  of  true  returns  for  a  precinct, 
town,  or  ward  where  an  election  was  actually  held  is 
punishable  by  imprisonment  in  the  state  prison  for  a 
term  not  less  than  two  nor  more  than  seven  years.  Every 
person  who  willfully  adds  to  or  substracts  from  the  votes 
actually  cast  at  an  election,  in  any  official  or  unofficial 
returns,  or  who  alters  such  returns,  is  punishable  by  im- 
prisonment in  the  state  prison  for  not  less  than  one  nor 
more  than  five  years. 

Sec.  28.  Every  person  who  aids,  assists,  counsels,  or 
advises  another  to  give  or  offer  his  vote  at  any  election, 
knowing  that  the  person  is  not  qualified  to  vote  or  who 
aids  or  abets  in  the  commission  of  any  of  the  offenses 
mentioned  in  the  preceding  sections,  is  punishable  by 
imprisonment  in  the  state  prison  not  exceeding  two  years. 

Sec.  29.  Every  person  charged  with  the  performance  of 
any  duty  under  the  provisions  of  any  law  of  this  state 
relating  to  elections,  who  willfully  neglects  or  refuses  to 
perform  it,  or  who,  in  his  official  capacity,  knowingly  and 
fraudulently  acts  in  contravention  or  violation  of  any  of 
the  provisions  of  such  laws,  is,  unless  a  different  pun- 
ishment for  such  acts  or  omissions  is  prescribed  by  the 
code  of  this  state,  punishable  by  fine  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  state  prison 
not  exceeding  five  years,  or  by  both. 

Sec.  30.  Every  person  who,  being  a  member  of  the 
committee  selected  as  prescribed  in  section  one  of  this 
act,  or  a  candidate  for  public  office  at  an  election,  makes 
and  files  any  false  statement  of  moneys  received  and 
expended  on  account  of  or  in  respect  of  the  conduct  and 
management  of  the  election  in  reference  to  which  such 
statement  is  filed,  is  guilty  of  perjury,  and  is  punishable 
by  Imprisonment  in  the  state  prison  for  not  less  than  one 
year  nor  more  than  seven  years. 


ELECTIONS.  IWi 

Sec.  31.  Every  person  who  signs  or  presents  for  filing 
a  certificate  as  prescribed  by  section  one  of  this  act, 
which  contains  the  name  of  a  fictitious  person,  or  the 
name  of  any  person  other  than  those  actually  selected 
to  perform  the  duties  required  of  the  committee  to  be 
selected  under  the  provisions  of  section  one  of  this  act, 
or  who  practices  any  fraud,  device,  or  artifice  to  conceal 
the  true  names  of  the  persons  actually  charged  with  the 
duties  belonging  to  the  said  committee,  is  punishable, 
upon  conviction,  by  imprisonment  in  tlie  state  prison  for 
not  less  than  one  year  nor  more  than  seven  years. 

Sec.  32.  A  person  offending  against  any  provisions  of 
sections  nineteen,  twenty,  twenty-one,  twenty-two,  twenty- 
five,  twenty-six  twenty-seven,  twenty-eight,  thirty  and 
thirty-one  of  this  act  is  a  competent  witness  against  another 
person  so  offending,  and  may  be  compelled  to  attend  and 
testify  upon  any  trial,  hearing,  proceeding,  or  lawful  in- 
vestigation or  judicial  proceeding,  in  the  same  manner  as 
any  other  person.  If  such  person  demands  that  he  be 
excused  from  testifying  on  the  ground  that  his  testimony 
may  incriminate  himself,  he  shall  not  be  excused,  but 
in  that  case  the  testimony  so  given  shall  not  iDe  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying,  except  for  perjury  in  giving  such 
testimony,  and  he  shall  not  thereafter  be  liable  to  indict- 
ment or  iwesentment  by  information,  nor  to  prosecution 
or  punishment  for  the  offense  with  reference  to  which  his 
testimony  was  given.  No  person  shall  be  exempt  from 
indictment,  presentment  by  information,  prosecution  or 
punishment  for  the  offense  with  reference  to  which  he 
may  have  testified  as  aforesaid  when  such  person  so  tes- 
tifying does  so  voluntarily  or  when  such  person  so  testi- 
fying fails  to  ask  to  be  excused  from  testifying  on  the 
ground  that  his  testimony  may  incriminate  himself,  but 
in  all  such  cases  the  testimony  so  given  may  be  used  in 
any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying.  Any  person  shall  be  deemed  to 
have  asked  to  be  excused  from  testifying  under  this  sec- 
tion unless,  before  any  testimony  is  given  by  such  a 
witness,  the  judge,  foreman  or  other  person  presiding  at 
such  trial,  hearing,  proceeding  or  investigation  shall  dis- 
tinctly read  this  section  to  such  witness,  and  the  form 
of  the  objection  by  the  witness  shall  be  immaterial  if 
he  in  substance  makes  objection  that  his  testimony  may 
incriminate  himself,  and  he  shall  not  be  obliged  to  object 
to  such  question,  but  one  objection  shall  be  sulficient  to 


1064  APPENDIX. 

protect  such  witness  from  prosecution  for  any  offense 
concerning  which  he  may  testify  upon  such  trial,  hearing, 
proceeding    or    investigation. 

Sec.  33.  It  sliall  be  unlawful  for  any  candidate  for 
public  office,  before  or  during  an  election,  to  make  any 
bet  or  wager  with  a  voter,  or  take  a  share  or  interest  in 
or  in  any  manner  become  a  party  to  such  bet  or  wager, 
or  provide,  or  agree  to  provide,  any  money  to  be  used 
by  another  in  making  such  bet  or  wager,  upon  any  event 
or  contingency  whatever.  Nor  shall  it  be  lawful  for  any 
person,  directly  or  indirectly,  to  make  a  bet  or  wager  with 
a  A^oter,  depending  upon  the  result  of  any  election,  with 
the  intent  thereby  to  procure  the  challenge  of  such  voter, 
or  to  prevent  him  from  voting  at  such  election.  Every 
person  who  commits  any  of  the  offenses  mentioned  in 
this  section  is  guilty  of  a  misdemeanor. 

Sec.  34.  Every  candidate  for  a  public  office  who  re- 
fuses or  neglects  to  file  a  statement,  as  prescribed  in  sec- 
tion three  of  this  act,  is  guilty  of  a  misdemeanor. 

Sec.  35.  Every  member  of  a  committee  selected  under 
the  provisions  of  section  one  of  this  act  who  refuses  or 
neglects  to  file  a  statement,  as  prescribed  by  section  two 
of  this  act,  is  guilty  of  a  misdemeanor. 

Sec.  36.  Every  person  who  advances  or  pays,  or  causes 
to  be  paid,  any  money  or  other  valuable  thing,  in  contra- 
vention of  sections  eight  or  nine  of  this,  act,  unless  a 
different  penalty  is  provided  for  such  illegal  payment,  is 
guilty  of  a  misdemeanor. 

Sec.  37.  Every  candidate  who  makes  any  payment  in 
aid  of  his  election,  or  in  the  conduct  and  management  of 
an  election,  in  excess  of  the  sum  authorized  or  permitted 
to  be  expended  by  this  act,  or  contrary  to'  or  in  violation 
of  sections  five  or  six  of  this  act,  is  guilty  of  a  misde- 
meanor, unless  a  different  penalty  is  provided  for  such 
illegal  payment;  each  payment  so  made  contrary  to  or  in 
violation  of  said  sections  five  or  six  of  this  act  shall  con- 
stitute a  separate  and  distinct  offense. 

Sec.  38.  Every  member  of  a  committee  selected  under 
the  provisions  of  section  one  of  this  act  who  makes  any 
payment  contrary  to  or  in  violation  of  the  provisions  of 
sections  five  or  six  of  this  act,  unless  a  different  penalty 
is  provided  for  such  illegal  payment,  is  guilty  of  a  mis- 
demeanor. 

Sec.  39.  Every  person  who,  either  before  or  during  an 
election,  directly  or  indirectly,  gives  or  provides,  or  pays, 
wholly  oy  in  part  the  expense  of  giving  or  providing 
any  meat,  drink,  refre.shment,  entertainment,  or  provision 
to  or  for  any  person,  for  the  purpose  of  corruptly  influen- 
cing that  person,  or  any  other  person,  to  give  or  refrain 


ELECTIONS.  lU'Ja 

from  giving  his  vote  at  an  election,  or  to  come  to  the 
polls  or  remain  away  from  the  polls,  or  on  account  of 
such  person  or  any  other  person  having  voted  or  re- 
frained from  voting,  or  having  come  to  the  polls  or  re- 
mained away  from  the  polls,  or  being  about  to  vote  or 
refrain  from  voting,  at  such  election,  is  guilty  of  a  mis- 
demeanor. 

Sec.  40.  Every  person  who  sets  up,  or  causes  to  be 
set  up,  or  otherwise  exhibits,  in  any  place  set  apart  for 
the  registration  of  voters  for  the  receiving  of  votes  at  an 
election,  or  for  the  counting  of  votes  cast  at  an  election, 
any  box  or  other  receptacle  for  the  deposit  of  money,  ur 
who  solicits  the  giving  or  depositing  of  any  money,  for 
the  purpose  of  providing  any  drink,  refreshment,  or  en- 
tertainment to  or  for  any  person  employed  in  or  about 
the  registration  of  voters,  or  the  polling  of  votes,  or  the 
counting  of  votes  east  at  an  election,  or  who  gives  or 
provides  any  moneys  as  aforesaid,  is  guilty  of  a  misde- 
meanor. 

Sec.  41.  It  shall  be  unlawful  for  any  person,  directly 
or  indirectly,  by  himself,  or  any  other  person  in  his  be- 
half, to  make  use  of,  or  threaten  to  make  use  of,  any 
force,  violence,  or  restraint  or  to  inflict  or  threaten  the 
infliction,  by  himself,  or  through  any  other  person,  ot 
any  injury,  damage,  harm,  or  loss,  or  in  any  manner  to 
practice  intimidation  upon  -  or  against  any  person,  in 
order  to  induce  or  compel  such  person  to  vote  or  refrain 
from  voting  at  any  election,  or  to  vote  or  refrain  from 
voting  for  any  particular  person  or  persons  at  any  elec- 
tion, or  on  account  of  such  person  or  persons  at  any  elec- 
tion, or  on  account  of  such  person  having  voted  (r  re- 
frained from  voting  at  any  election.  And  it  shall  be  un- 
lawful for  any  person,  by  abduction,  duress,  or  any  forci- 
ble or  fraudulent  'device  or  contrivance  whatever,  to  im- 
pede, prevent,  or  otherwise  interfere  with  the  free  exer- 
cise of  the  elective  franchise  by  any  voter;  or  to  compel, 
induce,  or  prevail  upon  any  voter  either  to  give  or  re- 
frain from  giving  his  vote  at  any  election,  or  to  give  or 
refrain  from  giving  his  vote  for  any  particular  person  or 
persons  at  any  election.  It  shall  not  be  lawful  for  any 
employer,  in  paying  his  employees  the  salary  or  wages  due 
them,  to  inclose  their  pay  in  "pay-envelopes"  upon  which 
there  is  written  or  printed  the  name  of  any  candidate,  or 
any  political  mottoes,  devices,  or  arguments  containing 
threats,  express  or  implied,  intended  or  calculated  to  influ- 
ence the  political  opinions  or  actions  of  such  employees. 
Nor  shall  it  be  lawful  for  any  employer,  within  ninety 
days  of  an  election,  to  put  up  or  otherwise  exhibit  in  his 


1066  APPENDIX. 

factory,  workshop,  or  other  establishment  or  place  where 
his  workmen  or  employees  may  be  working,  any  handbill, 
or  placard  containing  any  threat,  notice,  or  information, 
that  in  case  any  particular  ticket  of  a  political  party, 
or  organization,  or  candidate  shall  be  elected,  work  in  his 
place  or  establishment  will  cease,  in  whole  or  in  part,  or 
his  place  or  establishment  be  closed  up,  or  the  salaries  or 
wages  of  his  workmen  or  employees  be  reduced,  or  other 
threats,  express  or  implied,  intended  or  calculated  to  in- 
fluence the  political  opinions  or  actions  of  his  workmen  or 
employees.  This  section  shall  apply  to  corporations  as 
well  as  individuals,  and  any  person  or  corporation  violat- 
ing the  provisions  of  this  section  is  guilty  of  a  misde- 
meanor, and  any  corporation  violating  this  section  shall 
forfeit  its  charter. 

Sec.  42.  Every  inspector,  judge,  or  clerk  of  an  election 
who,  previous  to  putting  the  ballot  of  an  elector  in  the 
ballot-box,  attempts  to  find  out  any  name  on  such  ballot, 
or  who  opens  or  suffers  the  folded  ballot  of  any  elector 
which  has  been  handed  in  to  be  opened  or  examined  pre- 
vious to  putting  the  same  into  the  ballot-box,  or  who 
makes  or  places  any  mark  or  device  on  any  folded  ballot 
with  the  view  to  ascertain  the  name  of  any  person  for 
whom  the  elector  has  voted,  or  who,  without  the  consent 
of  the  elector,  discloses  the  name  of  any  person  which 
such  inspector,  judge,  or  clerk  has  fraudulently  or  ille- 
gally discovered  to  have  been  voted  for  by  such  elector, 
is  punishable  by  fine  not  less  than  fifty  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  for  not  less  than  thirty  days  or  more  than  six  months, 
or  by  both  such  fine  and  imprisonment. 

Sec.  42a.  All  the  provisions  of  sections  19  to  33  inclusive 
and  sections  39  to  42  inclusive  shall  apply  with  like  force 
and  effect  to  elections  known  and  designated  as  primary 
elections;  held  and  conducted  under  official  supervision 
pursuant  to  law  and  to  registration  therefor,  as  to  othe'" 
elections,  whether  the  word  primary  be  used  in  connec- 
tion with  the  word  election  and  elections  used  in  said 
sections  of  said  act  or  not.  (New  section.  Stat.  1905,  p. 
37.) 

Sec.  43.  Other  crimes  against  the  elective  franchise  are 
defined,  and  the  punishment  thereof  prescribed,  by  the 
Penal  Code  relating  to  the  subject,  and  by  special  stat- 
utes. 

Sec.  44.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  45.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


ELECTIONS.  WiT 

An  act  concerning  special  elections. 
[Approved  February  9,  1878;    1877-8,  73.] 
Ward  registers  to  be  used. 

Section  1.  At  any  special  election  to  be  held  in  any 
county,  except  in  the  city  and  county  of  San  Francisco, 
copies  of  the  great  register  of  such  county,  and  in  the 
city  and  county  of  San  Francisco  copies  of  the  ward  reg- 
isters of  said  city  and  county,  which  were  printed  before 
and  used  at  the  next  preceding  general  election  shall  be 
used. 

Board  of  supervisors  to  furnish  registers. 

Sec.  2.  Before  the  day  on  which  said  special  election 
is  appointed  to  be  held,  the  board  of  supervisors  of  the 
county,  except  the  city  and  county  of  San  Francisco,  must 
furnish  the  board  of  election  of  each  precinct  in  the  county 
at  least  one  copy  of  the  aforesaid  printed  great  register; 
and  the  board  of  supervisors  of  the  city  and  county  of  San 
Francisco  must  furnish  the  board  of  election  of  each  pre- 
cinct in  the  county  at  least  one  copy  of  the  ward  register 
of  the  ward  in  which  the  precinct  is  located.  If  the  board 
cannot  otherwise  obtain  a  sufficient  number  of  copies  of 
the  register  for  the  purpose,  it  must  take  the  copies  filed 
in  the  oflice  of  the  county  clerk,  in  pursuance  of  section 
twelve  hundred  and  sixty-eight  of  the  Political  Code. 

Letter  "V"  to  be  used. 

Sec.  3.  If  the  copy  of  the  register  which  shall  be  fur- 
nished to  any  precinct  shall  have  been  used  at  a  previous 
election,  the  letter  "V"  may  be  used  instead  of  the  word 
"Voted,"  as  required  by  section  twelve  hundred  ana 
twenty-eight  of  the  Political  Code. 

Posting  copies  of  great  register. 

Sec.  4.  It  shall  not  be  the  duty  of  the  board  of  elec- 
tion to  post  copies  of  the  great  register,  as  required  by 
section  eleven  hundred  and  forty-nine  of  the  Political 
Code. 

Voter  not  required  to  give  number. 

Sec.  5.  The  voter,  when  he  offers  his  ballot  at  a  poll- 
ing-place, shall  not  be  required  to  announce  his  namber 
on  the  great  register,  as  provided  for  in  section  twelve' 
hun-dred  and  twenty-five  of  the  Political  Code. 


1068  APPENDIX. 

Sec.   6.     This  act  shall  take   effect   immediately. 

Of  this  act  the  code  commissioners  say:  "Not  repealed, 
but  not  applicable  to  existing  laws,  as  there  is  now  no 
great  register."     As  to  cities:   See  1899,  63. 

An  act  providing  for  general  primary  elections  within  the 
state  of  California,  and  to  promote  the  purity  thereof 
by  regulating  the  conduct  thereof,  and  to  support  the 
privileges  of  free  suffrage  thereat,  by  prohibiting  cer- 
tain nets  and  practices  in  relation  thereto,  and  pro- 
viding for  the  punishment  thereof,  and  for  other  pur- 
poses. 

[Statute  approved  March  13,  1897;  Stats.  1897,  p.  115.] 

Unconstitutional:   Spier  v.  Baker,  120  Cal.  370. 

An  act  creating  a  state  commission  on  voting  or  balloting 
machines,  defining  their  powers  ,and  providing  for 
the  use  at  the  option  of  indicated  local  authorities  of 
voting  or  ballot  machines  for  receiving  and  register- 
ing the  vote  in  one  or  more  precincts  of  any  county, 
or  city  and  county,  city  or  town,  at  any  or  all  elections 
held  therein,  and  for  ascertaining  the  result  at  such 
elections;  and  providing  for  the  punishment  of  all 
violations  of  the  provisions  of  this  act. 

[Approved  March  20,  1903;   Stats.  1903,  262.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  1,  The  governor,  secretai-y  of  state  and  attor- 
ney-general, and  their  successors  in  office  are  hereby 
created  and  constituted  the  state  commission  on  voting 
.or  ballot  machines.  It  shall  be  the  duty  of  said  commis- 
sioners to  examine  all  voting  or  ballot  machines  which 
may  be  offered  for  their  inspection  in  order  to  determine 
whether  such  machines  comply  with  the  requirements 
of  this  act,  and  can  safely  be  used  by  voters  at  elections 
under  the  provisions  of  this  act;  and  no  machine  or  ma- 
chines shall  be  provided  by  the  board  of  supervisors,  or 
other  board  having  charge  and  control  of  elections  in  each 
of  the  counties,  and  cities  and  counties,  citiep  or  towns  of 
the  state,  unless  the  said  machine  or  machines  shall  have 
received  the  approval  of  a  majority  of  said  commission  as 
herein  provided. 

2.  Any  machine  or  machines  which  shall  have  the  ap- 


ELECTIONS.  W63 

proval  of  a  majority  of  said  commission  may  be  provided 
for  use  at  elections  by  the  boards  authorized  so  to  do 
under  the  provisions  of  this  act.  The  report  of  said 
commission  on  each  and  every  kind  of  voting  or  ballot 
machine  shall  be  filed  with  the  secretary  of  state  within 
thirty  days  after  their  examination  of  saui  machines, 
and  the  secretary  of  state  must  within  five  days  after  the 
filing  of  any  report  approving  any  machine  or  machines, 
transmit  to  the  boards  of  supervisors  or  other  boards 
having  charge  and  control  of  elections  in  each  of  the  coun- 
ties and  cities  and  counties,  cities  or  towns  of  the  state, 
a  list  of  the  machines  so  approved. 

3.  No  machine  or  machines  shall  be  used  unless  such 
machine  or  machines  shall  have  received  the  approval  of 
the  state  commission  at  last  ninety  days  prior  to  any 
election  at  which  such  machine  or  machines  are  to  be 
used. 

4.  For  carrying  out  the  provisions  of  this  act  the  mem- 
bers of  the  state  commission  under  this  act  shall  be  al- 
lowed their  actual  necessary  expenses. 

Sec.  2.  The  board  of  supervisors,  or  other  board  hav- 
ing charge  and  control  of  elections  in  each  of  the  counties, 
and  cities  and  counties,  cities  or  towns  of  the  state,  may 
at  any  regular  meeting,  or  at  any  special  meeting  called 
for  the  purpose,  provide  for  and  require  the  use  of  a  voting 
or  ballot  machine  or  machines  for  receiving  and  register- 
ing the  vote  at  any  or  all  elections  held  in  such  county, 
city  and  county,  city  or  town,  respectively,  or  in  any  one 
or  more  precincts  thereof  and  every  such  Doard  of  super- 
visors or  other  board  having  charge  and  control  of  elec- 
tions in  each  of  the  counties,  and  cities  and  counties, 
cities  or  towns  of  the  state,  may  determine  upon  and  re- 
quire the  use  of  voting  or  ballot  machines  at  any  and 
all  elections  to  be  held  within  such  county,  city  and 
county,  city  or  town  of  the  state,  or  in  one  or  more  pre- 
cincts thereof  and  thereupon  the  voting  or  ballot  machine 
or  machines  so  detei-mined  upon  and  required  shall  be 
used  in  voting  for  all  public  officers  to  be  voted  for  by 
the  voters  of  such  counties,  cities  and  counties,  cities  or 
towns  of  the  state,  or  in  the  precinct  or  precincts  thereof, 
for  which  the  same  shall  have  been  so  determined  upon 
and  required  and  also  in  voting  upon  all  amendments  to 
the  constitution  and  upon  all  laws  or  propositions  or 
questions  which  may  be  lawfully  submitted  to  such  voters. 


1070  APPENDIX. 

and  for   receiving   and   registering   the   votes   cast  at  any 
and  every  such  election. 

Sec.  3.  In  purchasing  the  necessary  voting  or  ballot 
machines  to  be  used  at  elections,  as  herein  provided,  the 
boards  of  supervisors  of  the  several  counties,  and  the 
legislative  bodies  of  the  incorporated  cities  and  towns 
therein  may,  by  agreement,  entered  into  by  said  board  of 
supervisors  and  the  legislative  body  of  any  incorporated 
city  or  town  in  such  county,  provide  for  the  joint  pur- 
chase and  subsequent  ownership  thereof  and  for  the  care, 
maintenance  and  use  of  the  same. 

Sec.  4.  No  voting  or  ballot  machine  shall  be  approved 
by  the  said  board  unless  the  same  be  so  construed  as 
to  provide  facilities  for  voting  for  the  candidates  of  as 
many  different  parties  or  organizations  as  may  make 
nominations  for  office  and  for  and  against  as  many  dif- 
ferent propositions  or  amendments  as  may  be  submitted; 
nor  shall  any  such  machine  be  approved  unless  the  same 
will  permit  a  voter  to  vote  for  any  person  for  any  office; 
it  must  enable  the  voter  to  vote  and  select  a  ticket  all 
from  the  nominees  of  one  party  or  a  ticket  selected  in 
part  from  the  nominees  of  one  party  and  in  part  from  the 
nominees  of  any  or  all  other  parties  and  in  part  from 
independent  nominations,  or  in  part  or  in  wnole  of  the 
names  of  persons  not  nominated  by  any  party  or  upon 
any  independent  ticket;  such  machines  must  also  secure 
to  the  voter  privacy  and  secrecy  in  the  act  of  voting;  such 
machines  must  also  be  so  constructed  that  a  voter  cannot 
vote  for  a  candidate  or  a  proposition  of  amendment  for 
whom  or  on  which  he  is  not  lawfully  entitled  to  vote,  also 
to  prevent  voting  for  more  than  one  person  for  the  same 
office,  except  in  cases  where  the  voter  is  lawfully  entitled 
to  vote  for  more  than  one  person  for  the  -ame  office,  in 
which  event  they  must  enable  the  voter  to  vote  for  as 
many  persons  for  that  office  as  he  is  by  law  entitled  to 
vote  and  no  more;  they  must  also  prevent  his  voting  more 
than  once  for  the  same  person  for  the  same  office;  and 
allow  of  his  reversing  his  vote  in  case  of  mistake  or 
desire  to  change;  and  such  machines  must  be  so  con- 
structed '.hat  all  votes  cast  for  any  person  voted  for,  or  for 
or  against  any  proposition  or  amendment  submitted  to 
the  voters  shall  be  accurately  registered  or  recorded,  and 
any  machine  to  be  approved  by  said  board  must  be  of 
such  kind,  style  or  pattern  as  will  permit  the  exercise  by 


ELECTIONS.  Wl 

each  voter  of  the  full  right  and  privilege  of  his  elective 
franchise  under  the  constitution  and  laws  of  this  state. 

Sec.  5.  The  board  of  supervisors  or  other  board  having 
charge  and  control  of  elections  adopting  a  voting  or  ballot 
machine  shall,  as  soon  as  practicable  thereafter,  provide 
for  such  polling-place  or  places  as  they  may  determine, 
one  or  more  voting  machines  in  complete  working  order 
and  also  such  other  accessories  as  may  be  required  for  the 
practical  working  of  the  machine  and  shall  thereafter 
preserve  and  keep  the  machines  in  repair,  and  shall  have 
the  custody  of  the  furniture  and  equipment.  If  it  shall  be 
impracticable  to  supply  each  and  every  election  district 
with  a  voting  or  ballot  machine  or  machines  at  any  elec- 
tion following  such  adoption,  as  many  may  be  supplied 
as  it  is  practicable  to  procure,  and  the  same  may  be  used 
in  such  election  precincts  within  the  county,  or  city  and 
county,  city,  or  town,  as  the  board  having  control  may 
direct. 

Sec.  6.  All  necessary  stationery  and  instructions  to 
voters  shall  be  delivered  to  the  boards  of  election  of  each 
election  precinct  not  later  than  twenty-four  hours  next 
preceding  the  election. 

Sec.  7.  Tally  lists  shall  be  so  prepared  that  the  results 
of  such  election  may  be  clearly  and  accurately  set  forth 
and  certified  to  by  the  oflBcers  of  election. 

Sec.  8.  The  precinct  boards  of  election  of  each  precinct 
shall  meet  at  the  poUing-piace  therein,  at  least  one  hour 
before  the  time  set  for  the  opening  of  the  polls  at  each 
election,  and  shall  proceed  to  arrange  within  the  guard- 
rail the  furniture,  stationery,  and  voting  or  ballot  machine 
for  the  conduct  of  the  election.  The  inspectors  of  election 
shall  then  and  there  have  the  voting  or  ballot  machine, 
instructions  to  voters,  and  stationery  required  to  be  de- 
livered to  them  for  such  election.  The  inspectors  shall 
thereupon  cause  at  least  two  instruction  cards  to  be  posted 
conspicuously  within  the  polling-place.  If  not  previously 
done,  they  shall  adjust  the  voting  or  ballot  machine  so  as 
to  record  and  register  the  votes  to  be  cast  at  such  elec- 
tion, and  adjust  the  registering  and  recording  device  of 
such  machine  so  as  to  start  at  zero,  and  the  same  shall  be 
subject  to  the  inspection  of  the  public  before  the  opening 
of  the  polls. 


1072  APPENDIX. 

Sec.  9.  The  exterior  of  the  voting  or  ballot  machine 
and  every  part  of  the  polling  place  shail  be  in  plain  view 
of  the  election  officers  and  public.  The  voting  or  ballot 
machines  shall  be  placed  at  least  three  feet  from  every 
wall  and  partition  of  the  polling  place,  and  at  least  three 
feet  from  the  guard-rail.  A  guard-rail  shall  be  constructed 
at  least  three  feet  from  the  machine,  with  openings  to  ad- 
mit electors  or  officers  of  election  to  and  from  the  ma- 
chine. 

Sec.  10.  After  the  opening  of  the  polls,  the  inspectors 
shall  not  allow  any  voter  to  pass  v/ithin  the  guard-rail  until 
they  ascertain  that  he  is  duly  entitled  to  A^ote.  The  opera- 
tion of  voting  by  an  elector  while  voting  shall  be  secret 
and  obscured  from  all  other  persons,  except  as  provided  in 
cases  of  voting  by  assisted  electors.  No  voter  shall  re- 
main within  the  voting  or  ballot  machine  booth  longer 
than  two  minutes,  and  if  he  shall  refuse  to  leave  it  after 
the  lapse  of  two  minutes  he  may  be  removed  by  the  in- 
spectors. 

Sec.  11.  As  soon  as  the  polls  of  the  election  are  closed 
the  inspectors  of  election  thereat  shall  immediately  lock 
the  voting  or  ballot  machine  against  voting,  and,  in  the 
presence  and  full  view  of  the  public  who  may  be  lawfully 
within  the  polling  place,  proceed  to  demonstrate  and 
declare  the  result  of  such  election  as  registered  or  re- 
corded or  received  by  the  machine.  As  such  result  is  so 
ascertained  and  declared  the  clerks  shall  record  it  and 
at  its  completion,  submit  their  records  to  the  inspectors 
and  judges  for  examination,  and  if  found  to  be  correct  the 
inspectors  shall  at  once  announce  the  same,  and  make  re- 
turns as  provided  by  law. 

Sec.  12.  The  inspectors  of  election  shall,  as  soon  as 
the  result  is  fully  ascertained  and  declared,  as  in  the 
preceding  section  required,  lock  the  machine  so  that  the 
record  of  each  election  shall  be  preserved  for  the  period  of 
six  months  following  such  election,  except  in  cases  where 
the  machine  is  required  for  use  in  a  subsequent  election 
during  such  period,  in  which  case  the  board  of  supervisors 
or  other  board  having  charge  and  control  of  elections  shall 
inspect  the  registering  or  recording  and  receiving  device 
of  the  machines  and  file  a  report  of  said  inspection  with 
the  county  clerk  or  registrar  of  voters.  Said  report  of  said 
board  when  so  certified  and  filed  shall  be  prima  facie 
evidence  of  the  vote  at  such  election.    Any  supplementary 


ELECTIONS.  wn 

or  duplicate  record  of  an  election,  which  may  be  furnished 
by  a  machine,  shall  be  presei-ved  by  the  county  clerk  or 
registrar  of  voters  for  one  year  following  such  election. 

Sec.  13.  The  provisions  of  the  law  relating  to  miscon- 
duct at  elections  shall  apply  to  elections  with  voting  or 
ballot  machines. 

Sec.  14.  For  any  election  in  any  county,  city  and  county, 
city  or  town,  in  which  voting  or  ballot  machines  are  to 
be  used,  the  election  precincts  in  which  such  machines 
are  to  be  used  may  be  created  by  the  officers  charged  with 
the  duty  of  creating  election  precincts,  so  as  to  contain 
not  to  exceed  six  hundred  votes  each. 

Sec.  15.  The  list  of  candidates  used  or  to  be  used  on 
the  voting  or  ballot  machine  shall  be  deemed  an  official 
ballot  under  this  act  for  an  election  precinct  in  which 
a  voting  or  ballot  machine  is  used,  pursuant  to  law.  The 
word  "ballot"  as  used  in  this  act  (except  when  reference 
is  made  to  independent  ballots)  means  that  portion  of  the 
cardboard,  or  paper,  or  other  material  within  the  ballot 
frames,  containing  the  name  of  the  candidate  for  office, 
or  a  statement  of  a  proposed  constitutional  amendment, 
or  other  question  or  proposition  with  the  word  "for"  or 
the  word  "against,"  or  "yes"  or  "no." 

Sec.  16.  The  .provisions  of  section  eleven  hundred  and 
forty-two*  of  the  Political  Code  shall  apply  where  voting 
or  ballot  machines  are  used. 

Sec.  17.  All  laws  and  parts  of  laws  of  this  state  relating 
to  elections  and  prescribing  the  powers  and  duties  of 
election  officers,  shall,  so  far  as  applicable  to  the  \ise  of 
voting  or  ballot  machines,  remain  in  full  force  and  ef- 
fect; and  all  laws  and  parts  of  laws  inconsistent  herewith 
shall  not  be  applicable  in  each  county,  city  and  county, 
city  or  town  election  precinct  wherein  such  voting  or  ballot 
machines  are  used,  pursuant  to  this  act,  so  long  as  such 
voting  or  ballot  machine  or  machines  shall  be  used  therein, 
and  nothing  in  this  act  contained  shall  be  construed  as 
repealing  any  existing  law  or  authorizing  any  deviation 
or  omission  therefrom,  except  as  provided  for  or  set  forth 
herein. 

Pol.    Code — 68 


107i  APPENDIX. 

Sec.  18.  Any  willful  violation  of  any  provision  of  this 
act  or  any  willful  injury  to  any  voting  or  ballot  machine 
tending  to .  injure  its  effectiveness  or  to  change  the  true 
expression  given  by  the  voters  at  any  election  shall  be 
a  felony  and  punishable  as  such,  in  accordance  with  the 
provisions  of  the  Penal  Code  of  the  state. 

Sec.  19.     This  act  shall  take  effect  immediately. 

An  act  providing  for  a  general  primary  election  in  coun- 
ties of  certain  classes  within  the  state  of  California, 
and  to  promote  the  purity  thereof  by  regulating  the 
conduct  thereof,  and  to  support  the  privileges  of  free 
suffrage  thereat,  by  prohibiting  certain  acts  and  prac- 
tices in  relation  thereto,  and  providing  for  the  punish- 
ment thereof. 

[Act  approved  March  27,  1895;  Stats.  1895,  p.  207;  in  effect 
immediately.] 

This  was  the  former  act  relating  to  primary  elections, 
which  was  held  unconstitutional  in  Marsh  v.  Hanly,  111 
Cal.  367. 

An  act  to  prohibit  "Piece  Clubs,"  and  to  prevent  extortion 
from  candidates  for  office. . 

[Approved  March  14,  1878;  Stats.  1877-8,  p.  236.] 

The  code  commissioners  say  of  this  act  that  it  is  modi- 
fied, if  not  repealed,  by  the  Purity  of  Election  Law. 


FIRE  DEPARTMENT. 

An  act  to  ammend  an  act  to  allow  unincorporated  towns 
and  villages  to  equip  and  maintain  a  fire  department, 
and  to  assess  and  collect  taxes,  from  time  to  time, 
for  such  purpose,  and  to  create  a  board  of  fire  com- 
missioners (approved  March  4,  1881;  Stats.  1881,  p. 
26),  relating  to  assessment  and  collecting  said  taxes. 

[Approved  March  6,  1899;  Stats.  1899,  p.  69.] 

The  act  of  1881  was  amended  entirely  by  this  act. 
The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  "An  act  to  amend  an  act  to 
allow  unincorporated  towns  and  villages  to  equip  and 
maintain  a  fire  department,  and  to  assess  and  collect  taxes 


f:re  department.  1075 

from  time  to  time  for  such  purpose,  and  to  create  a  board 
of  fire  commissioners"  (approved  Marcli  fourth,  eighteen 
hundred  and  eighty-one),  is  hereby  amended  to  read  as 
follows: 

Section  1.  Any  unincorporated  town  or  village  of  this 
state  may  equip  and  maintain  a  fire  department  for 
the  purpose  of  protecting  property  from  destruction  by  fire. 

Sec.  2.  Upon  the  application,  by  petition,  of  fifty  or 
more  taxpayers  and  residents  of  said  town  or  village 
to  the  board  of  supervisors  of  the  county  in  which  said 
town  or  village  is  situated,  the  said  board  of  supervisors 
shall  appoint  three  commissioners,  to  be  known  as  and 
called  a  board  of  fire  commissioners,  of  the  town  or  vil- 
lage for  which  they  are  appointed,  who  shall  hold  their 
oflSce  until  the  second  Monday  in  April  next  thereafter, 
and  until  their  successors  are  elected  and  qualified. 

Sec.  3.  The  board  of  fire  commissioners  so  appointed 
by  said  board  of  supervisors,  and  their  successors,  shall 
be  authorized  and  empowered,  and  it  shall  be  their  duty: 

1.  To  fix  and  establish  the  fire  limits  of  said  town  or 
village,  and  shall  accurately  describe  the  same,  in  writing 
by  metes  and  bounds  and  file  a  copy  thereof,  subscribed 
by  them,  in  the  office  of  the  county  recorder  of  the 
county  in  which  said  town  or  village  is  situated; 

2.  To  make  all  contracts  with  water  companies  for  a 
supply  of  water,  and  attaching  hydrants  or  fire  plugs 
to  the  pipes,  or  conduits,  or  cisterns  of  such  water  com- 
pany; to  make  contracts  for  and  to  purchase  the  engines, 
hose,  hose  carts  or  carriages,  and  other  appliances  for  the 
full   equipment  of  a  fire   company  or   department. 

3.  To  call  an  election  and  submit  to  the  electors  resid- 
ing within  the  fire  limits  fixed  by  them,  the  question 
whether  a  tax  shall  be  levied  and  raised  for  the  purpose 
of  establishing  and  maintaining  a  fire  department  for  the 
said  town,  or  village,  and  for  protecting  the  same  from  loss 
by  fire; 

4.  To  appoint  judges,  not  less  than  three,  and  other  of- 
ficers, to  conduct  such  election,  and  to  issue  certificates  of 
election; 

5.  To  do  and  perform  such  other  acts  and  things  as  may 
be  proper  and  necessai-y  to  carry  out  the  full  intent  and 
meaning  of  this  act. 


1076  APPENDIX. 

Sec.  4.  Said  election  must  be  called  by  posting  notices 
in  three  of  the  most  public  places  in  said  town  or  village, 
for  not  less  than  ten  days,  and  also,  if  there  is  a  news- 
paper printed  and  published  in  the  town  or  village,  by  ad- 
vertising such  notice  therein  at  least  two  regular  issues  of 
the  paper. 

Sec.  5.  Such  notice  must  specify  the  time  and  place 
of  holding  the  election,  and  the  amount  required  for  each 
specific  purpose,  and  the  amount  of  money  to  be  raised 
shall  not  exceed  in  any  one  year  one  per  cent  of  the 
assessable  property  within  the  fire  limits,  as  fixed  by  the 
board  of  fire  commissioners;  provided,  that  after  the  first 
year  the  amount  so  raised  shall  not  exceed  one-half  of  one 
per  cent. 

Sec.  6.  The  board  of  fire  commissioners  must  appoint 
three  judges  and  two  clerks  to  conduct  the  election,  and  it 
must  be  held  in  all  respects  as  nearly  as  practicable  in 
conformity  with  the  general  election  law;  provided,  that 
no  new  register  shall  be  required,  nor  legal  ballot  paper; 
and  provided,  further,  that  the  polls  may  be  opened  at 
eight  o'clock  A.  M.  and  close  at  five  o'clock  P.  M.  on  the 
day  appointed  for  such  election. 

Sec.  7.  At  such  election  the  ballots  must  contain  the 
words  "Tax — Yes"  or  "Tax — No." 

Sec.  8.  The  judges  of  election  shall,  within  twenty-four 
hours  after  holding  said  election,  make  returns  and  cer- 
tify said  votes,  and  the  names  of  the  person  or  persons 
voted  for,  to  the  said  board  of  fire  commissioners,  and 
within  five  days  after  the  returns  have  been  received  by 
the  board  of  fire  commissioners  they  shall  count  the  votes, 
determine  who  has  been  elected,  and  forthwith  issue  cer- 
tificates of  election  to  the  persons  elected. 

Sec.  9.  The  board  of  supervisors  must,  at  the  time  of 
levying  the  county  taxes,  levy  a  tax  upon  all  the  taxable 
property  within  the  fire  limits  of  the  unincorporated  town 
or  village  voting  such  tax  sufficient  to  raise  the  amount 
voted.  The  rate  of  taxation  shall  be  ascertained  by  de- 
ducting fifteen  per  cent  for  anticipated  delinquencies  from 
the  aggregate  assessed  value  of  the  property  in  the  dis- 
trict, at  it  appears  on  the  assessment  roll  of  the  county, 
and  then  dividing  the  sum  voted  by  the  remainder  of  such 
aggregate  assessed  value.  The  taxes  so  levied  shall  be 
computed  and  entered  on  the  assessment  roll  of  the  county 


FIRE    DEPARTMENT.  lOH 

auditor,  and  collected  at  the  same  time  and  in  the  same 
manner  as  state  and  county  taxes;  and  when  collected 
shall  be  paid  into  the  county  treasury  for  the  use  of  the 
district  in  which  the  tax  was  voted. 

Sec.  10.  All  moneys  arising  from  the  tax  herein  au- 
thorized to  be  levied  and  collected  shall  be  kept  by  the 
treasurer  of  the  county  in  which  said  town  or  village  is 
situated,  subject  only  to  the  order  of  said  board  of  fire 
commissioners  of  said  town  or  village  voting  said  tax. 

Sec.  11.  The  treasurer  shall  receive  no  compensation 
for  the  receipt  and  disbursement  of  moneys  derived  under 
the   provisions  of  this   act. 

Sec.  12.  The  board  of  fire  commissioners  are  hereby 
directed  and  empowered  to  make  all  necessary  arrange- 
ments for  the  purchase  of  rights  of  making  connections 
with  the  pipes  of  water  companies  for  fire-plugs  or  hy- 
drants, in  such  part  of  the  town  or  village  as  they  shall 
deem  best  for  the  common  interest,  and  also  for  pur- 
chasing fire-hose  and  carriages,  subject,  however,  to  the 
provisions  hereinbefore  contained. 

Sec.  13.  They  shall  procure  all  necessary  books  and 
blanks  for  the  purpose  of  keeping  a  correct  record  of  their 
proceedings;  and  they  shall  keep  a  record  of  all  their  acts, 
of  all  moneys  received  and  disbursed  by  them,  which  said 
books  shall  be  open  to  public  inspection  at  all  times. 

Sec.  14.  All  accounts,  bills,  and  demands  against  the 
fire  department  shall  be  audited,  allowed,  and  paid  by  the 
board  of  fire  commissioners  by  warrants  drawn  on  the 
county  treasurer,  and  the  county  treasurer  shall  pay 
the  same  in  the  order  in  which  they  are  presented. 

Sec.  15.  The  board  of  fire  commissioners  shall,  from 
time  to  time,  and  in  like  manner,  submit  to  a  vote  of  the 
electors  of  said  town,  or  village,  the  propriety  of  levying 
and  raising  an  additional  tax  for  keeping  in  repair  the 
apparatus  of  said  fire  department,  and  maintaining  the 
same  in  good  order  and  condition. 

Sec.  16.  No  ofiicer  or  oflficers  created  by  this  act  shall 
receive  any  compensation  for  his  or  their  services. 

Sec.  17.  In  case  of  a  vacancy  of  any  or  all  of  the 
members  of  the  board  of  fire  commissioners,  after  election 
had,  by  death,  resignation,    or    otherwise,    such    vacancy 

36 


1078  APPENDIX. 

shall  be  filled  by  appointment  by  the  board  of  supervisors 
of  the  county  in  which  said  vacancy  may  happen. 

Sec.  18.  That  in  case  an  election  be  had  under  the 
provisions  of  this  bill,  and  the  electors,  by  vote,  shall 
decline  to  equip  and  maintain  a  fire  department,  and  refuse 
to  levy  and  collect  a  tax  for  that  purpose,  no  other  elec- 
tion shall  be  called  or  held  under  this  act  within  one  year 
next  thereafter. 

Sec.  19.  An  election  shall  be  held  annually,  on  the 
first  Monday  of  April,  for  the  election  of  three  fire  com- 
missioners, who  shall  take  their  oflice  on  the  next  suc- 
ceeding Monday  in  the  same  month;  and  it  shall  be  the 
duty  of  the  board  of  fire  commissioners  to  give  notice  of 
such  elections  by  posting  notices  thereof  in  three  public 
places  in  the  town,  for  at  least  two  weeks  before  the  day 
of  election.     They  shall  also  appoint  the  judges  of  election. 

Sec.  20.  Each  board  of  fire  commissioners  shall  at  the 
expiration  of  their  term  of  office,  turn  over  to  their  suc- 
cessors all  the  books  and  documents  belonging  to  the 
oflace  of  said  board  of  fire  commissioners,  taking  their 
receipt  for  the  same. 

Sec.  21.  No  assessment  or  act  relating  to  assessment 
or  collection  of  taxes,  or  elections  held  under  the  pro- 
visions of  this  act,  shall  be  illegal,  void,  or  voidable  on  ac- 
count of  any  error,  omission,  or  informality,  or  failure  to 
comply  strictly  with  the  provisions  of  this  act,  nor  on 
account  of  any  misnomer;  but  the  same  shall  be  liberally 
construed,  with  a  view  to  hold  valid  all  acts  done  under 
this  act. 

Sec.  22.  The  said  board  of  fire  commissioners  may 
regulate  the  construction  of,  and  order  the  suspension, 
discontinuance,  removal,  repair,  or  cleaning  of,  fire-places, 
chimneys,  stoves  and  stovepipes,  flues,  ovens,  boilers, 
kettles,  forges,  or  any  apparatus  used  in  any  building, 
manufactory,  or  business  which  may  be  dangerous  in  caus- 
ing or  promoting  fires,  and  prescribe  limits  within  which 
no  dangerous  nor  obnoxious  and  offensive  business  may  be 
carried  on. 

Sec.  23.  They  may  adopt  such  ordinance,  within  the 
purview  of  the  preceding  section,  as  they  may  deem  proper 
to  prevent  fires  and  conflagrations,  and  for  the  protection 
of  property  at  and  during  the  pendency  of  any  fire,  and 
for  that  purpose  may  provide  that  at  and  during  the  pen- 


FIRE    DEPARTMENT.  W'S' 

dency  of  any  fire  the  officers  of  the  fire  company  or  com- 
panies present  shall  be  vested  with  police  powers.  Such 
ordinances  shall  be  signed  by  the  said  fire  commissioners, 
and  published  in  a  newspaper  printed  in  said  town  or 
village,  or  posted  in  three  of  the  most  public  places  thereof, 
for  the  period  of  two  weeks,  at  the  end  of  which  time 
it  shall  be  and  become  a  law  for  the  government  of  the 
inhabitants  of  said  town  or  village. 

Sec.  24.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  said  ordinance  shall  be  guilty  of  a  misdemeanor. 

Sec.  25.  Any  justice  of  the  peace  within  the  townships 
within  which  said  town  or  village  is  situated  shall  have 
jurisdiction  of  all  prosecutions  under  this  act,  and  sections 
fourteen  hundred  and  twenty-six  to  fourteen  hundred  and 
forty-nine,  both  inclusive,  title  nine,  chapter  one,  of  the 
Penal  Code,  are  hereby  made  applicable  to  proceedings  un- 
der this  act. 

Section  2.  All  acts  or  parts  of  acts,  so  far  as  they  do 
conflict  with  the  provisions  hereof,  are  hereby  repealed. 

Section  3.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  act  authorizing  and  requiring  boards  or  commissions 
having  the  management  and  control  of  paid  fire  de- 
partments, to  grant  the  members  thereof  yearly  vaca- 
tions. 

[Act  approved  March  26,  1895;  Stats.  1895,  p.  76.    Amended 
1899,  57;   1905,  39.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  In  every  city,  or  city  and  county,  of  this 
state,  where  there  is  a  regularly  organized  paid  fire  de- 
partment, the  board  of  supervisors,  common  council,  com- 
missions, or  other  body  having  the  management  and  con- 
trol of  the  same,  are  authorized  and  required,  once  in 
every  year,  to  provide  for  each  regular  or  permanent  mem- 
ber thereof,  a  leave  of  absence,  from  active  duty,  of  not 
less  than  five  nor  more  than  fifteen  days  in  each  year,  in 
addition  thereto  a  leave  of  absence  from  active  duty  of 
four  days  in  every  month  of  such  service.  Leaves  of 
aosence  so  granted,  as  aforesaid,  must  be  arranged  by 
said  board  or  commission  so  as  not  to  interfere  with  or 
in  any  way  impair  the  efficiency  of  the  said  department. 


lOSO  APPENDIX. 

No  deduction  must  be  made  from  the  salary  or  pay  of  any 
member  of  such  fire  department  granted  such  leaves  of 
absence  uu'^er  the  provisions  of  this  act.  [Became  a  law, 
under  constitutional  provision,  without  the  governor's  ap- 
proval, March  4,  1899;   Stats.  1889,  57.     Am'd.  1905,  39.] 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  act  to  authorize  the  board  of  supervisors  or  other 
governing  authority  of  the  several  counties,  cities  an-d 
counties,  cities,  and  towns  of  the  state  to  provide  pen- 
sions or  benefits  for  the  relief  of  aged,  infirm,  or  dis- 
abled firemen. 

[Approved    March    11,    1889;    1889,    108.     Am'd.    1901,    575.] 

Section  1.  The  board  of  supervisors,  or  other  governing 
authority  of  the  several  counties,  cities  and  counties,  cities 
and  towns  of  the  state  in  which  fire  departments  exist, 
shall,  upon  the  written  petition  of  a  majority  of  the  law- 
fully registered  electors  of  any  such  political  division  re- 
spectively, by  appropriate  ordinances,  provide  a  fund  by 
general  tax  upon  the  property  of  the  county,  city  and 
county,  city,  or  town,  for  the  relief  of  aged,  infirm,  or  dis- 
abled firemen;  provided,  that  such  disability  shall  be  caused 
by  exposure  while  in  the  discharge  of  such  duty.  [Amend- 
ment approved  March  23,  1901;    Stats.  1901,  575.] 

Sec.  2.  Mo  person  shall  be  entitled  to  any  benefits 
from  any  fund  created  by  authority  of  this  act,  unless  he 
shall  have  served  as  an  active  member  in  the  fire  depart- 
ment of  such  county,  city  and  county,  city,  or  town,  at 
least  fifteen  years,  and  any  person  having  served  in  the 
fire  department  of  such  county,  city  and  county,  city,  or 
town,  at  least  fifteen  years,  may  make  application  to  be 
placed  on  the  retired  list  of  such  fire  department,  and  he 
shall  receive  the  sum  of  not  more  than  twenty-five  (25) 
dollars  and  not  less  than  fifteen  (15)  dollars  per  month, 
to  be  paid  out  of  said  fund,  and  those  members  of  a  fire 
department  who  have  been  paid  a  stipulated  salary,  having 
served  fifteen  years  in  such  fire  department,  shall  receive 
an  amount  equal  to  one  half  of  the  salary  provided  by  law 
at  the  time  of  such  retirement;  provided,  that  any  person 
injured  in  the  actual  discharge  of  fire  duty  shall  be  entitled 
to  the  benefits  of  this  act  regardless  of  his  length  of 
service  in  the  fire  department  of  any  such  county,  city 
and  county,  city,  or  town.  [Amendment  approved  March 
23,  1901;   Stats.  1901,  575.] 


FIRE    DEPARTMENT.  108J 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  to  create  an  exempt  firemen's  relief  fund  in  the 
several  counties,  cities  and  counties,  cities,  and  towns 
of  the  state,  and  relating  to  the  enrollment,  forma- 
tion into  fire  companies,  and  services  as  firemen  of 
such  exempt  firemen. 

[Statute    approved    March    26,    189.5;    Stats.    189.5,    p.    107.] 

Unconstitutional:  Taylor  v.  Mott,  123  Cal.  497.  Super- 
seded:  Stats.  1901,  101.     See  next  act. 

An  act  to  create  a  firemen's  relief,  health  and  life  in- 
surance and  pension  fund  in  the  several  counties,  cities 
and  counties,  and  cities  and  towns  of  the  state.  [Stats. 
1901,  101.     Amended  1903,  158.] 

[Became    a    law    under    constitutional    provision    without 
governor's   approval,   March   7,   1901.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  The  chairman  of  the  board  of  supervisors  of 
the  county,  city  and  county,  city  or  incorporated  town 
in  which  there  is  no  board  of  fire  commissioners,  the 
treasurer  of  the  county,  city  and  county,  city  or  incor- 
porated town,  and  the  chief  engineer  of  fire  department, 
and  their  successors  in  office,  are  hereby  constituted  a 
board  of  trustees  of  the  firemen's  relief  and  pension  fund 
of  the  fire  department,  to  provide  for  the  disbursement  of 
the  same  and  to  designate  the  beneficiaries  thereof  as 
hereinafter  directed,  which  board  shall  be  known  as  the 
"Board  of  Firemen's  Relief  and  Pension  Fund  Commis- 
sioners"; provided,  however,  that  where  there  is  in  any 
county,  city  and  county,  city  or  town,  a  board  of  fire  com- 
missioners, then  such  body  shall  take  the  place  of  and 
possess  the  powers  and  perform  the  duties  of  said  board 
of  trustees  of  the  firemen's  relief  and  pension  fund  of  the 
fire  department. 

Sec.  2.  They  shall  organize  as  such  board  by  choosing 
one  of  their  number  a;s  chairman  and  by  appointing  a 
secretary.  The  treasurer  of  the  county,  city  and  county, 
city  or  town  shall  be  ex-oflScio  treasurer  of  said  fund. 
Such  board  of  trustees  shall  have  charge  of  and  admin- 
ister said  fund  and  order  payments  therefrom  in  pursu- 
ance of  the  provisions  of  this  act.  They  shall  report  an- 
nually in  the  month  of  June  to  the  board  of  supervisors. 


10S2  APPENDIX. 

or  other  governing  authority  of  the  county,  city  and 
county,  city  or  incorporated  town,  the  condition  of  the 
firemen's  relief  and  pension  fund  of  the  fire  department, 
and  the  receipts  and  disbursements  on  account  of  the 
same,  with  a  full  and  complete  list  of  the  beneficiaries  of 
said  fund  and  the  amounts  paid  them. 

Sec.  3.  Whenever  any  person,  at  the  taking  effect  of 
this  act,  or  thereafter,  shall  have  been  duly  appointed,  and 
shall  have  served  for  twenty  years,  or  more,  in  the  aggre- 
gate, as  a  member,  in  any  capacity  or  rank  whatever,  of 
the  regularly  constituted  fire  -department  of  any  such 
county,  city  and  county,  city  or  town,  which  may  hereafter 
be  subject  to  the  provisions  of  this  act,  said  board  may  if 
it  deem  it  to  be  for  the  good  of  such  fire  department  or 
shall,  upon  the  written  application  of  such  person,  pro- 
viding he  shall  have  attained  the  age  of  sixty  years, 
order  and  direct  that  he  be  retired  from  further  active 
service  in  such  fire  department,  and  from  the  date  of  the 
making  of  such  order,  the  service  of  such  person  in  such 
fire  department  shall  cease,  and  such  person  so  retired 
shall  thereafter,  during  his  life,  be  paid  from  such  fund 
a  monthly  pension,  equal  to  one  half  of  the  monthly  salary 
attached  to  the  rank  which  he  may  have  held  in  said  fire 
department  at  the  date  of  such  retirement;  provided,  only, 
that  if  he  shall  have  been  promoted  within  one  year  prior 
to  the  date  of  such  retirement,  then  he  shall  receive  from 
such  fund  a  monthly  pension  equal  to  one  half  of  the 
monthly  salary  he  received  in  the  rank  held  by  him  next 
prior  to  said  promotion.  [Amendment  approved  March  16, 
1903;  Stats.  1903,  p.  158;  in  effect  immediately.] 

Sec.  4.  Whenever  any  duly  appointed  member  of  the 
fire  department  of  any  such  county,  city  and  county,  city 
or  town,  shall  become  physically  disabled,  by  reason  of 
any  bodily  injury  received,  and  in  direct  consequence  of, 
the  performance  or  discharge  of  his  duty  as  such  member, 
said  board  shall,  upon  his  written  request,  or  without  such 
request,  if  it  deem  it  to  be  for  the  good  of  such  fire  depart- 
ment, and  in  furtherance  of  justice,  retire  said  member 
from  said  department,  and  order  and  direct  that  he  be  paid, 
from  such  fund,  during  such  disability,  a  monthly  pension 
equal  to  one  half  the  monthly  salary  attached  to  the 
rank,  which  he  may  have  held  in  said  fire  department  at 


FIRE    DEPARTMENT.  1083 

the  time  of  such  retirement;  provided,  that  whenever  such 
disability  shall  cease,  such  pension  shall  cease,  and  such 
person  shall  be  restored  to  active  service  in  said  depart- 
ment with  the  rank  he  held  at  the  date  of  his  retirement. 
[Amendment  approved  March  16,  1903;  Stats.  1903,  p.  158; 
in  effect  immediately.] 

Sec.  5.  No  person  shall  be  retired,  as  provided  in  the 
next  preceding  section,  or  receive  any  benefit  from  said 
fund,  unless  there  shall  be  filed  with  said  board  certificates 
of  his  disability,  which  certificates  shall  be  subscribed  and 
sworn  to  by  said  person,  and  by  the  county,  city  and 
county,  city  or  town  physician,  if  there  be  one,  and  two 
regularly  licensed  practicing  physicians  of  such  county, 
city  and  county,  city  or  town,  and  such  board  may  require 
other  evidence  of  disability  before  ordering  such  retire- 
ment and  payment  as  aforesaid. 

Sec.  6.  Whenever  any  member  of  the  fire  department 
of  such  county,  city  and  county,  city  or  town,  shall  lose 
his  life  in,  and  in  direct  consequence  of,  the  performance 
of  his  duty  as  such  member,  or  shall  die  from  the  effects 
of  bodily  injury  received,  and  in  direct  consequence  of  the 
performance  of  such  duty,  leaving  a  widow,  or  child,  or 
children,  under  the  age  of  sixteen  years,  or  a  mother,  or 
father,  wholly  dependent  upon  him  for  support  and  main- 
tenance, then,  upon  satisfactory  proof  of  such  facts  made 
to  it,  such  board  shall  order  and  direct,  that  a  monthly 
pension  equal  to  one  third  the  monthly  salary  attached 
to  the  rank  which  said  member  held  in  such  fire  depart- 
ment at  the  time  of  his  death,  shall  be  paid  to  such  widow 
during  her  life,  or,  if  there  be  no  such  widow,  then  to  such 
child  or  children  until  it  or  they  reach  the  age  of  sixteen 
years,  and  no  longer,  and  if  there  be  no  such  widow,  or 
children,  then  to  such  dependent  mother  and  father,  or  the 
survivor  of  such  mother  or  father;  provided,  that  if  such 
widow  die  leaving  surviving  her  any  child  or  children  of 
said  member  who  are  under  the  age  of  sixteen  years  at 
the  time  of  her  death,  then  said  pension  shall  be  paid  to 
such  child  or  children  until  they  arrive  at  the  age  of 
sixteen  years,  and  no  longer;  and  provided,  further  that 
if  such  widow,  or  such  child,  or  children,  shall  marry,  or 
such  mother  or  father  become  capable  of  self-support,  then 
said   person    so   marrying   or     such   mother   or   father   so 


1084  APPENDIX. 

becoming  capable  of  self-support,  shall  thereafter  receive 
no  further  pension  from  such  fund.  [Amendment  ap- 
proved March  16,  1903;  Stats.  1903,  p.  159;  in  effect  im- 
mediately.] 

Sec.  7.  Whenever  any  member  of  the  fire  department  of 
such  county,  city  and  county,  city  or  town,  shall  after  ten 
years  of  service,  die  from  natural  causes,  then  his  widow 
or  children  or  if  there  be  no  widow  or  children  then  his 
mother  or  unmarried  sisters,  shall  be  entitled  to  the  sum 
of  one  thousand  dollars  from  such  fund. 

Sec.  8.  Any  person  retired  for  disability  under  this  act 
may  be  summoned  before  the  board  herein  provided  for 
at  any  time  thereafter,  and  shall  submit  himself  thereto 
for  examination  as  to  his  fitness  for  duty,  and  shall  abide 
the  decision  and  order  of  such  board  with  reference 
thereto;  and  all  members  of  the  fire  department  who  may 
be  retired  under  the  provisions  of  this  act,  shall  report  to 
the  chief  of  the  fire  department  of  the  county,  city  and 
county,  city  or  town  where  so  retired  in  the  first  Mondays 
of  April,  July,  October  and  January  of  each  year;  and  in 
cases  of  great  public  emergency,  may  be  assigned  to  and 
shall  perform  such  duty  as  said  chief  of  the  fire  department 
may  direct;  and  such  persons  shall  have  no  claim  against 
the  county,  city  and  county,  city  or  town  for  payment  for 
such  duty  so  performed. 

Sec.  9.  When  any  person  who  shall  have  received  any 
benefit  from  said  fund  shall  be  convicted  of  any  felony 
or  shall  become  an  habitual  drunkard,  or  shall  become  a 
nonresident  of  this  state  or  shall  fail  to  report  himself 
for  examination  for  duty  as  required  herein,  unless  excused 
by  the  board,  or  shall  disobey  the  requirements  of  said 
board  under  this  act,  in  respect  to  said  examination  or 
duty,  then  such  board  shall  order  that  such  pension  allow- 
ance as  may  have  been  granted  to  such  person  shall  im- 
mediately cease  and  such  person  shall  receive  no  further 
pension  allowance  or  benefit  under  this  act. 

Sec.  10.  The  board  herein  provided  for  shall  hold 
quarterly  meetings  on  the  first  Mondays  of  April,  July, 
October,  and  January  of  each  year  and  upon  the  call  of  its 
president.  It  shall  biennially  select  from  its  members 
a  president  and  secretary.  It  shall  issue  warrants,  signed 
by   its   president   and   secretary,   to   the   persons     entitled 


FIRE    DEPARTMENT.  1085 

thereto,  of  the  amount  of  money  ordered  paid  to  such 
persons  Irom  such  fund  by  said  board,  which  warrant  shall 
state  for  what  purpose  such  payment  is  to  be  made;  it 
shall  keep  a  record  of  all  its  proceedings,  which  record 
shall  be  a  public  record;  it  shall,  at  each  quarterly  meet- 
ing, send  to  the  treasurer  of  the  county,  city  and  county, 
city  or  town,  and  to  the  auditor  of  such  county,  city  and 
county,  city  or  town,  a  written  or  printed  list  of  all  persons 
entitled  to  payment  from  the  fund  herein-  provided  for, 
stating  the  amount  of  such  payments  and  for  what  granted, 
which  list  shall  be  certified  to  and  signed  by  the  president 
and  secretary  of  such  board,  attested  under  oath.  The 
auditor  shall  thereupon  enter  a  copy  of  said  list  upon  a 
book  to  be  kept  for  that  purpose  and  which  shall  be  known 
and  designated  as  "the  firemen's  relief  and  pension  fund" 
book.  When  such  list  has  been  entered  by  the  auditor,  he 
shall  transmit  the  same  to  the  board  of  supervisors  or 
other  governing  authority  of  such  county,  city  and  county,- 
city  or  town,  which  board  or  authority  shall  order  the 
payment  of  the  amounts  named  therein  out  of  "the  fire- 
men's relief  and  pension  fund."  A  majority  of  all  the 
members  of  said  board  herein  provided  for  shall  constitute 
a  quorum  and  have  power  to  transact  business. 

Sec.  11.  The  board  herein  provided  for  shall,  in  addi- 
tion to  other  powers  herein  granted,  have  power: 

First — To  compel  witnesses  to  attend  and  testify  before 
it  upon  all  matters  connected  with  the  operation  of  this 
act,  in  the  same  manner  as  is  or  may  be  provided  by  law 
for  the  taking  of  testimony  before  notaries  public;  and  its 
president,  or  any  member  of  said  board,  may  administer 
oaths  to  such  witnesses. 

Second — To  appoint  a  secretary  and  to  provide  for  the 
payment  from  said  fund  of  all  its  necessary  expenses,  in- 
cluding secretary  hire  and  printing;  provided,  that  no  com- 
pensation or  emolument  shall  be  paid  to  any  member  of 
said  board  for  any  duty  required  or  performed  under  this 
act. 

Third — To  make  all  needful  rules  and  regulations  for 
its  guidance,  and  shall  make  up  an  estimate  every  year 
of  the  amount  required  to  pay  all  demands  on  the  firemen's 
relief  and  pension  fund  for  the  succeeding  fiscal  year,  and 
certify   the   same   to   the    board   of   supervisors    or   other 


1086  APPENDIX. 

governing  authority  of  the  county,  city  and  county,  city 
or  town,  in  connection  with  and  as  part  of  the  annual 
appropriation  of  the  fire  department,  in  conformity  with 
the  provisions  of  this  act. 

Sec.  12.  The  board  of  supervisors,  or  other  governing 
authority  of  any  county,  city  and  county,  city  or  town, 
shall,  for  the  purposes  of  said  "firemen's  relief  and 
pension  fund"  hereinbefore  mentioned,  have  annually 
levied,  collected  and  apportioned  to  the  firemen's  relief 
and  pension  fund,  a  tax  suificient  to  meet  and  pay  all 
demands  upon  said  fund  for  the  purpose  set  out  in  this 
act. 

Sec.  13.  Any  person  who,  within  one  year  prior  to  the 
passage  of  this  act,  has  been  dismissed  from  the  fire  de- 
partment for  incompetency  or  inefficiency  and  which  in- 
competency or  inefficiency  was  caused  solely  by  sickness 
or  disability  contracted  or  suffered  while  in  service  as  a 
member  thereof,  and  who  has,  prior  to  said  dismissal, 
served  for  twelve  years  or  more  as  such  member,  shall 
be  entitled  to  all  the  benefits  of  this  act. 

Sec.  14.  On  the  last  day  of  '  June  of  each  year,  or  so 
soon  thereafter  as  practicable,  the  auditor  of  such  county, 
city  and  county,  city  or  town,  shall  make  a  report  to  the 
board  of  supervisors  or  other  governing  authority  of  such 
county,  city  and  county,  city  and  town,  of  all  moneys  paid 
out  on  account  of  said  fund  during  the  previous  year,  and 
of  the  amount  then  to  the  credit  of  the  "firemen's  relief 
and  pension  fund."  Payments  provided  for  in  this  act 
shall  be  made  quarterly  upon  proper  vouchers. 

Sec.  15.  All  acts  and  parts  of  acts  in  conflict  with  the 
(provisions  of  this  act  are  hereby  repealed. 

Sec.  16.     The  act  shall  take  effect  immediately. 

An  act  to  require  the  payment  of  certain  premiums  to 
counties,  and  cities  and  counties,  by  fire  insurance 
companies  not  organized  under  the  laws  of  the  state 
of  California,  but  doing  business  therein  and  provid- 
ing for  the  disposition  of  such  premiums 

[Approved   March   3,   1885;     Stats.    1885,   p.   13.    Amended 
1887,   15.] 


FIRE    DEPARTMENT.  WS' 

Unconstitutional:  San  Francisco  v.  Insurance  Co.,  74 
Cal.  113.  The  tax  provided  for  in  this  act  constituted  the 
firemen's  relief  fund. 

An  act  to  authorize  the  board  of  supervisors  of  Santa  Clara 
County  to  exempt  firemen  from  the  payment  of  poll 
taxes  for  county  purposes. 

[Approved.  March   30,   1874;    1873-4,   825;    in  effect    imme- 
diately.] 

The  code  commissioners  say  of  this  act,  "Probably 
superseded  by  County  Government  Act,  1897,  452,  and  con- 
stitution of  1879,  sec.  12,  art.  XIII." 

An  act  to  provide  for  increasing  the  efficiency  of  fire  de- 
partments within  municipalities  of  the  first  class  in 
the    state   of    California. 

[Statute  approved   March  4,   1897;    Stats.   1897,   p.   61.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 

Section  1.  Whenever  the  public  interest,  safety,  or 
convenience  may  require,  or  it  be  deemed  expedient,  the 
city  council  of  any  municipality  of  the  first  class  may,  by 
ordinance,  make  and  enforce  such  rules  and  regulations 
within  said  municipality  as  may  be  necessary  or  proper 
for  increasing  the  efficiency  of  its  fire  department,  and 
to  that  end,  among  other  things,  may  provide  for  and 
authorize  the  appointment  and  continued  employment  of 
such  officers,  engineers,  members,  firemen,  employees,  and 
other  help  in  and  for  said  fire  department  in  addition  to 
those  whose  employment  is  now  or  may  be  hereafter 
authorized  by  law,  as  the  needs  of  said  department  may 
require;  and  may  fix  their  salaries  and  compensation,  and 
may  increase  the  salaries  and  compensation  of  the  officers, 
engineers,  members,  firemen,  employees,  and  other  help 
now  or  hereafter  authorized  by  law  whose  salaries  and 
compensation  as  now  or  hereafter  fixed,  may  be  deemed 
inadequate.  And  said  city  council  may  in  like  manner 
provide  for  the  purchase  and  repair,  and  authorize  to  be 
purchased  and  kept  in  repair,  in  addition  to  those  for  the 
purchase  and  repair  of  which  provision  is  now  or  may  be 
hereafter  made  by  law,  all  additional  engines,  horses 
hook  and  ladder  wagons,  and  all  such  other  engines,  ma- 
chinery, implements,  extinguishers,  and  other  apparatus 
that  may  be  necessary,  advantageous,  or  auxiliary  to  ex- 


10S8  APPENDIX. 

tinguish  or  afford  adequate  protection  against  fire.  And  in 
order  to  provide  tlie  necessary  funds  with  wliicli  to  accom- 
plisti  the  foregoing  ends,  may  malte  all  necessary  and  sup- 
plementary appropriations,  allowances,  and  payments  in 
addition  to  those  now  or  hereafter  authorized  by  law. 

Sec.  2.  The  officers,  engineers,  members,  firemen,  em- 
ployees, and  other  help  to  be  appointed  as  provided  in 
section  one  of  this  act,  shall  be  appointed,  governed,  and 
controlled  in  the  same  manner  and  by  the  same  laws  as 
their  fellow  officers,  engineers,  members,  firemen,  em- 
ployees, and  other  help  whose  appointment  is  now  or  may 
be  hereafter  authorized  by  law  are  appointed,  governed, 
and  controlled.  The  engines,  wagons,  machinery,  imple- 
ments, extinguishers,  and  other  apparatus,  the  purchase 
and  repair  of  which  are  authorized  by  section  one  of  this 
act,  shall  be  purchased  and  repaired  in  like  manner  and 
under  the  same  regulations  as  like  articles,  the  purchase 
and  repair  of  which  are  no  or  may  be  hereafter  authorized 
by  law  are  purchased  and  repaired. 

Sec.  3.  The  term  "city  council,"  as  used  in  this  act, 
is  hereby  declared  to  include  any  body  or  bodies,  board  or 
boards,  which  under  law,  constitute  the  legislative  depart- 
ment of  any  municipality  of  the  first  class. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  act  relating  to  fire  departments  of  municipalities  of  the 
first  class,  and  fixing  the  salaries  of  officers  thereof. 

[Statute  approved  March  27,  1897;    Stats.  1897,  p.  192.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 

Section  1.  In  municipalities  of  the  first  class  the  fol- 
lowing officers  of  its  fire  department  shall  receive  the  fol- 
lowing salaries  per  annum: 

Chief  engineer,  five  thousand  dollars. 

Assistant  chief  engineer,  three  thousand  six  hundred 
dollars. 

Secretary,  or  clerk,  three  thousand  dollars. 

Assistant  engineers,  two  thousand  one  hundred  dollars 
each. 

Veterinary  surgeons,  one  thousand  eight  hundred  dol- 
lars. 


FISH    AND     GAME    WARDEN    AND    COMMISSIONERS.        10S9 

Said  salaries  shall  be  paid  in  the  same  manner  as  is  now 
provided  by  law. 

Sec.  2.     This  act  shall  take  effect  immediately. 

The  code  commissioners  say  of  this  act,  '  Apparently 
unconstitutional  under  the  rule  announced  in  Popper  v. 
Broderick.  123  Cal.   456." 


FISH   AND   GAME   WARDEN  AND   COMMISSIONERS. 

An  act  to  create  the  office  of  fish  and  game  warden,  and 
to  prescribe  the  powers,  duties,  and  salary  of  such 
officer. 

[Statute  approved  March  26,  1895;    Stats.  1895,  p.  169.] 

The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  board  of  supervisors  of  each  and  every 
county  in  the  state  may,  in  its  discretion,  at  their  first 
meeting  held  in  April,  eighteen  hundred  and  ninety-five, 
and  at  their  first  meeting  held  in  January,  eighteen  hun- 
dred and  ninety-seven,  and  in  January  every  two  years 
thereafter,  appoint  a  suitable  person  to  serve  for  the 
period  of  two  years  from  the  date  of  his  appointment  as 
fish  and  game  warden  of  the  county,  which  office  is  here- 
by created;  provided,  that  the  person  so  appointed  in 
April,  eighteen  hundred  and  ninety-five  shall  hold  office 
only  until  Januai-y,  eighteen  hundred  and  ninety-seven, 
and  until  his  successor  is  appointed  and  qualifies. 

Sec.  2.  Said  fish  and  game  warden  shall  enforce  the 
state  laws,  and  all  county  and  municipal  ordinances  relat- 
ing to  the  protection  of  fish  and  game,  and  he  shall  be 
vested  witb  all  the  powers  of  a  peace  officer  to  make  ar- 
rests for  the  violation  of  such  laws  and  ordinances. 

Sec.  3.  The  salary  of  said  fish  and  game  warden  is 
hereby  fixed,  in  accordance  with  the  classification  of  coun- 
ties, as  follows: 

Sec.  4.  For  counties  of  the  first,  second  and  third 
classes,  one  hundred  dollars  per  month;  for  counties  of 
the  fourth,  fifth,  and  sixth  classes,  the  sum  of  seventy-five 
dollars  per  month;  for  counties  of  the  seventh  eighth, 
ninth,  and  tenth  classes,  the  sum  of  sixty  dollars  per 
month,  and  for  all  other  classes  from  the  eleventh  to  the 
fifty-third,  inclusive,  the  sum  of  fifty  dollars  per  month. 
Pol.    Code — 69 


1090  APPENDIX. 

In  addition  thereto  said  warden  shall  be  allowed  a  sum  not 
to  exceed  tv/enty-five  dollars  per  month  for  expenses  in- 
curred by  him  in  the  performance  of  his  duties.  Said 
salary  and  expenses  incurred  must  be  paid  monthly  from 
the  county  treasury.  Said  fish  and  game  w"-  -  shall, 
before  entering  upon  the  discharge  of  his  duties,  execute  a 
bond  with  sureties  in  such  sum  as  may  be  required  by  the 
board  of  supervisors,  for  the  faithful  and  proper  discharge 
of  his  duties  as  such  fish  and  game  warden.  Said  warden 
shall  report  quarterly  to  the  board  of  supervisors  of  his 
county,  giving  a  detailed  statement  of  all  arrests  made, 
convictions  had,  fines  collected,  and  geiT'-^lly  in  regard 
to  the  management  of  his  office.  Such  officers  may  be  re- 
moved by  the  board  of  supervisors  for  intemperance,  neg- 
lect of  duty,  or  other  good  and  sufficient  reasons. 

Sec.  5.     This  act  shall  take  effect  and  be  in  force  fi-om 
and  after  its  passage. 

An  act  to  provide  for  the  construction,  maintenance,  and 
regulation  of  fish  ways  in  streams  naturally  frequented 
by  salmon,  shad,  and  other  migratory  fish. 

[Approved  April  16,  1880;  1880,  121  (Ban.  ed.  387.)] 

Duty  of  fish  commissioner. 

Section  1.  It  shall  be  the  duty  of  the  state  board  of 
fish  commissioners  to  examine,  from  time  to  time,  all  dams 
and  artificial  obstructions  in  all  rivers  or  streams  in  this 
state,  naturally  frequented  by  salmon,  shad,  or  other  mi- 
gratory fish,  and  if,  in  their  opinion,  there  is  not  free 
passage  for  fish  over  or  around  any  dam  or  artificial  ob- 
struction, to  notify  the  owners  or  occupants  thereof  to 
provide  the  same  within  a  specified  time  with  a  durable 
and  efficient  fish  way,  of  such  form  and  capacity  and  in 
such  location  as  shall  be  determined  by  the  fish  commis- 
sioners, or  persons  authorized  by  them.  If  such  fish  way 
is  not  completed  to  the  satisfaction  of  said  commissioners 
within  the  time  specified,  the  owners  or  occupants  of  such 
dam  or  artificial  obstruction  shall  be  deemed  guilty  of  a 
misdemeanor,  and  may  be  prosecuted  by  action,  on  com- 
plaint before  any  justice's  court  or  justice  of  the  peace 
in  the  county  where  such  dam  or  artificial  obstruction  is 
situated,  and,  on  conviction,  shall  be  fined  two  hundred 
and  fifty  dollars,  and  the  plaintiff  shall  recover  full  costs; 
and  one  half  of  such  fine  shall  be  for  the  benefit  of  and 


FISH    AND    GAME    WARDEN    AND    COMMISSIONERS.        1091 

shall  be  paid  to  the  person  malving  the  complaint,  and  the 
other  half  shall  be  paid  into  the  state  treasury  for  the 
benefit  of  the  fund  for  "preservation  and  restoration  of 
fish,"  and  may  be  expended  by  the  state  board  of  fish  com- 
missioners, in  their  discretion,  for  the  6bstrn<"tion  and 
maintenance  of  fish  ways. 

Owners  of  dams  to  keep  same  in  repair,  etc. 

Sec.  2.  It  shall  be  incumbent  upon  the  owners  or  occu- 
pants of  all  dams  or  artificial  obstructions,  where  the  state 
board  of  fish  commissioners  require  such  fish  ways  to  be 
provided,  to  keep  the  same  in  repair,  and  open,  and  free 
from  obstructions  to  the  passage  of  fish  at  all  times;  and 
any  owners  or  occupants  of  any  such  dam  or  artificial 
obstruction  who  neglects  or  refuses  to  keep  such  fish  way 
in  repair,  and  open,  and  free  from  obstruction  to  the 
passage  of  fish,  shall  be  guilty  of  a  misdemeanor,  and 
subject  to  the  same  fine,  and  which  shall  be  recovered  in 
the  same  manner,  and  applied  to  the  same  purposes,  as 
provided  in  section  one  of  this  act. 

Injuring  fish  ways,  etc. — Misdemeanor. 

Sec.  3.  Any  person  who  shall  willfully  or  knowingly 
destroy,  injure,  or  obstruct  any  such  fish  way,  or  any 
person  who  shall  at  any  time  take  or  catch  any  salmon, 
shad,  or  other  migratory  fish  or  trout,  except  by  hook  and 
line,  within  three  hundred  feet  of  any  fish  way  required 
by  the  state  board  of  fish  commissioners  to  be  provided 
and  kept  open,  or  shall  take  or  catch  any  such  fish  in  any 
manner  within  fifty  feet  of  such  fish  way,  shall  be  guilty 
of  a  misdemeanor,  and  subject  to  the  same  fine,  and  which 
shall  be  recovered  in  the  same  manner  and  applied  to  the 
same  purposes,  as  provided  in  section  one  of  this  act. 

Sec.  4.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 
Consult  the  following  acts: 

An  act  to  authorize  the  board  of  fish  commissioners  of  this 
state  to  build  and  maintain  a  salmon  hatchery,  and 
providing  ways  and  means  therefor. 

[Approved  March  9,  1885;  Stats.  1885,  p.  3i;  in  effect 
immediately] 

An  act  to  authorize  the  board  of  fish  commissioners  of  this 
state  to  construct  a  steam  launch  to  aid  in  carrying 


1092  APPENDIX. 

out  the  purposes  of  said  board,  and  providing  for  ttie 
payment  of  claims  incurred  in  such  construction. 

[Approved  March  12,  1885;    Stats.  1885,  p.  124;    in  effect 
immediately.] 

An  act  to  authorize  the  board  of  fish  commssioners  of  the 
State  of  California  to  purchase  or  construct  a  gasoline 
launch,  to  aid  in  carrying  out  the  purposes  of  said 
board,  and  appropriating  money  therefor. 

[Statute  approved  March  9,  1897;  Stats.  1897,  p.  89;  in 
eitect  immediately.] 

An  act  to  authorize  the  board  of  fish  commissioners  to 
dispose  of  the  hatchery  located  on  Battle  Creek,  in 
Tehama  County,  and  to  expend  the  proceeds  of  the 
same. 

[Statute  approved  March  9,  1897;  Stats.  1897,  p.  89;  in 
effect  immediately.] 

An  act  to  authorize  the  state  board  of  fish  commissioners 
to  import  game  birds  into  the  state  for  propagation, 
and  to  appropriate  money  for  that  purpose,  and  pro- 
viding a  penalty  for  the  shooting,  trapping,  killing,  or 
otherwise  destroying  any  of  said  birds  within  this 
state. 

[Approved   March   16,   1889;    1889,     304;     in   effect   imme- 
diately.] 


GOVERNOR. 

An  act  to  authorize  the  governor  to  employ  a  stenographer 
for  his  office,  and  to  provide  for  the  payment  of  his 
salary. 

[Approved  January  15,  1891;  Stats.  1891,  p.  1.] 
Section  1.  The  governor  of  California  is  hereby  au- 
thorized to  appoint  a  stenographer  to  assist  him  in  the 
duties  of  his  office,  and  who  shai  serve  during  his  pleasure. 
He  shall  perform  such  duties  as  may  be  assigned  to  him 
by  the  governor  from  time  to  time.  The  salary  of  such 
stenographer  shall  be  sixteen  hundred  dollars  per  annum, 
payable  as  the  salary  of  state  officers. 

Sec.  2.    The  sum  of  eight    hundred    dollars    is    hereby 
appropriated  out  of  the  general  fund  of  the  state  treasury 


GOVERNOR— HARBOR   COMMISSIONERS.  1093 

for  the  payment  of  the  salary  of  the  stenographer  during 
the  forty-second  fiscal  year. 

Sec.   3.    This  act  shall  take  effect  from  and   after  its 
passage. 


HARBOR  COMMISSIONERS. 

An  act  to   provide   penalties  for  failure  to  pay  tolls,   by 
false  returns  or  otherwise,  to  any  board  of  state  har- 
bor commissioners  of  the  state  of  California. 
[Approved  Ma.-ch  10,  1891;  Stats.  1891,  p.  27.] 

Section  1.  Any  person,  corporation,  firm,  or  association 
who  shall,  by  false  returns,  or  in  any  manner,  avoid  the 
payment  of  all  or  any  portion  of  any  tolls  that  may  be  due 
to  any  board  of  staie  harbor  commissioners  of  the  state 
of  California,  from  any  source  or  cause,  as  provided  for 
by  law  and  the  rules  and  regulations  of  said  board,  shall  be 
liable  for  and  shall  pay  to  said  board  twice  the  amount  of 
such  tolls,  and  in  addition  thereto  the  sum  of  ten  dollars 
over  and  above  such  amount. 

Sec.  2.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  to  empower  the  board  of  state  harbor  commission- 
ers to  rectify  the  alignment  of  East  Street,  from  Pa- 
cific Street  to  Market  Street,  in  the  city  and  county  of 
San  Francisco,  and  to  sell,  acquire,  and  condemn  adja- 
cent property. 
[Approved  March  31,  1891;   Stats.  1891,  p.  270.] 
Section  1.     The  board  of  state  hai-bor  commissioners  is 
hereby   authorized   and   directed  to  rectify   the  alignment 
of  East  Street,  between  Pacific  Street  and  Market  Street, 
in  the  city  and  county  of  San  Francisco,  said  rectification 
to  be  done  so  as  to  straighten  the  property  lines  and  give 
as  wide  and  commodious  a  thoroughfare  as  the  traflSc  may 
demand. 

Sec.  2.  In  no  case  shall  the  alignment  of  the  westerly 
side  of  said  thoroughfare  extend  east  of  the  inner  line  of 
the  thoroughfare  as  now  established  and  defined  by  law. 

Sec.  3.  The  jurisdiction  of  the  said  board  shall  be 
westerly  to  the  line  as  established  under  this  act. 

Sec.  4.  The  board,  in  carrying  out  this  law,  shall  have 
the  power  to  purchase  and  sell,  and  to  exchange,  upon  a 
legal  and  equitable  basis,  any  portion  or  portions  of  the 


1094  APPENDIX. 

property  adjacent  to  the  westerly  line  of  the  thoroughfare 
herein  provided  for;  and  a  full  record  of  their  proceedings 
shall  be  entered  upon  their  minutes,  and  a  sworn  statement 
of  all  transfers,  sales,  and  purchases,  and  other  transac- 
tions, shall  be  filed  with  the  secretary  of  state.  Said 
statements  shall  show  in  full  all  payments  and  receipts, 
itemized  so  as  to  definitely  exhibit  the  price  or  prices  of 
each  parcel  of  land  transferred. 

Sec.  5.  In  case  of  failure  on  the  part  of  the  interested 
parties  to  come  to  a  satisfactory  agreement,  the  board 
shall  have  Lhe  power  to  condemn,  as  in  other  cases,  for 
public  purposes. 

Sec.  6.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  empowering  and  authorizing  the  board  of  state 
harbor  commissioners  to  insure  against  loss  or  damage 
by  fire  the  property  of  the  state  of  California  located 
on  the  water-front  at  San  Francisco.  California. 

[Approved  March  25,  1901;   Stats.  1901,  p.  809.] 

The  people  of  the  state  of  California,  represented  in  senate 
and   assembly,   do   enact  as  follows: 

Section  1.  The  board  of  state  harbor  commissioners  are 
hereby  empowered  and  authorized  to  insure  against  loss  or 
damage  by  fire  the  wharves,  docks,  piers,  slips,  bulkheads, 
and  structures  contained  thereon,  and  improvements 
located  inside  and  outside  of  the  water-front  line,  the  prop- 
erty of  the  state  of  California,  and  under  the  control  and 
supervision  of  the  board  of  state  harbor  commissioners, 
situate  on  the  water-front  at  San  Francisco,  California. 

Sec.  2.  This  insurance  is  to  be  effected  and  distributed 
at  the  discretion  and  under  the  direction  of  the  board  of 
state  harbor  commissioners.  The  aggregate  amount  of 
such  fire  insurance  placed  not  to  exceed  the  sum  of  five 
hundred  and  fifty  thousand  dollars,  and  the  cost  of  same 
not  to  exceed  the  amount  of  eleven  thousand  dollars  in 
premiums  for  policies  to  be  written  for  a  three-years  term. 
Said  cost  to  be  defrayed  and  paid  out  of  the  San  Francisco 
Harbor  improvement  fund. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

Sec.  4.    This  act  shall  take  effect  immediately. 


HARBOR    COMMISSIONERS. 


An  act  to  authorize  and  empower  the  board  of  state  harbor 
commissioners  to  institute  condemnation  proceedings 
against  certain  property  on  the  corner  of  Market, 
Sacramento,  and  East  streets,  in  the  city  and  county 
of  San  Francisco,  and  extending  their  jurisdiction  over 
the  same. 

[Approved  March  26,  1895;   Stats.  1895,  p.  79.] 

Section  1.  For  the  purpose  of  acquiring  terminal  facili- 
ties for  the  landing  of  passengers  to  and  from  the  pas- 
senger and  ferry  depot  at  the  foot  of  Market  Street,  in  the 
city  and  county  of  San  Francisco,  the  board  of  state  harbor 
commissioners  is  hereby  authorized  and  empowered  to  in- 
stitute condemnation  proceedings  in  the  superior  court  of 
the  city  and  county  of  San  Francisco,  against  all  parties 
in  interest  claiming  any  title  in  and  to  that  certain  lot, 
piece,  or  parcel  of  land  in  the  city  and  county  of  San 
Francisco,  bounded  and  described  as  follows,  to  wit: 

Commencing  at  a  point  on  the  westerly  line  of  East 
Street,  distant  thereon  sixty  (60  feet  and  four  (4)  inches 
northerly  from  the  northwesterly  corner  of  the  inter- 
section of  the  northerly  line  of  Market  Street  with  said 
westerly  line  of  East  Street;  thence  southerly  along 
said  westerly  line  of  East  Street  sixty  (60)  feet  and 
four  (4)  inches  to  the  intersection  of  said  line  of  East 
Street  with  the  northerly  line  of  Market  Street;  thence 
westerly  along  the  northerly  line  of  Market  Street  eigh- 
teen (18)  feet  and  six  (6)  inches  to  the  intersection  of  the 
northerly  line  of  Market  Street  with  the  north  line  of 
Sacramento  Street;  thence  west  along  the  north  line  of 
Sacramento  Street  seventy-nine  (79)  feet  and  eleven  (11) 
inches  to  a  point  on  said  north  line  of  Sacramento  Street; 
thence  northeasterly  to  the  point  of  beginning. 

Sec.  2.  The  inshore  limit  of  the  jurisdiction  of  said 
board  shall  be,  and  is  hereby,  extended  so  as  to  include 
the  lot  of  land  described  in  section  one  of  this  act. 

Sec.  3.  The  board  of  state  harbor  commissioners  may 
institute  any  action  or  actions,  and  prosecute  the  same 
to  final  judgment  for  the  condemnation  of  any  portion 
of  the  premises  described  in  section  one  of  this  act;  and 
the  purposes  herein  mentioned  are  hereby  declared  to  he 
a  public  use  in  which  the  right  of  eminent  domain  mav 
be  exercised  by  the  board  of  state  harbor  commissioners 
in  the  name  of  the  people  of  the  state,  for  the  estates 


1096  APPENDIX. 

and    rights,    and    in  the  manner    provided  in  part    three, 
title  seven,  of  the  Code  of  Civil  Procedure  of  this  state. 

Sec.  4.  The  hoard  of  state  harbor  commissioners  is 
hereby  authorized  to  pay  any  judgment  rendered  against 
them  in  such  condemnation  proceedings,  by  a  draft  drawn 
upon  the  controller  of  the  state,  who  shall  draw  his  war- 
rant therefor  on  the  state  treasury,  payable  out  of  any 
money  in  said  treasury  credited  to  the  San  Francisco 
Harbor  improvement  fund. 

Sec.  5.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  to  authorize  the  state  board  of  harbor  commission- 
ers to  establish  and  maintain  a  free  public  market 
upon  the  water-front  of  San  Francisco,  and  providing 
for  the  expenses  and  regulations  thereof. 

[Approved  March   29,   1897;    Stats.   1897,   p.   238.       Am'd. 
1903,  76.] 

This  act  was  amended  in  all  its  parts  by  the  act  of  1903, 
as  follows: 

An  act  to  amend  an  act  entitled  "An  act  to  authorize  the 
state  board  of  harbor  commissioners  to  establish  and 
maintain  a  free  public  market  upon  the  water-front 
of  San  Francisco,  and  providing  for  the  expenses  and 
regulations  thereof,"  approved  March  29,  1897. 

[Approved  March  2,  1903;  Stats.  1903,  76.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assenbly,  do  enact  as  follows: 

Section  1.  The  board  of  state  harbor  commissioners 
shall,  within  one  year  from  the  passage  of  this  act,  set 
apart  upon  some  convenient  portion  of  the  water-front 
of  San  Francisco  a  sufficient  number  of  blocks  and  parts 
of  blocks  belonging  to  the  state  contiguous  to  the  docks 
and  piers  for  a  free  market  for  the  greater  portion  of  all 
the  perishable  products  of  the  state  of  California  arriving 
in  San  Francisco  by  land,  boat,  or  other  conveyance,  in- 
cluding fruit,  vegetables,  eggs,  poultry,  grain,  dairy  pro- 
ducts, and  fish,  and  shall  permit  the  sale  of  such  products 
upon  said  blocks  and  portions  of  blocks  of  land  by  or  for 
the  account  of  the  producers  thereof  only,  under  such 
regulations    as    may  be  prescribed  by  the  said  board  of 


HARBOR    COMMISSIONERS.  1097 

harbor  commissioners  and  as  the  public  convenience  may 
require. 

Sec.  2.  The  land  so  set  apart  for  the  free  public  market 
shall  be  as  convenient  as  possible  to  that  portion  of  the 
city  and  county  of  San  Francisco  in  which  the  principal 
wholesale  trade  in  perishable  products  is  now  carried  on, 
and  must  be  adjacent  and  contiguous  to  such  piers  and 
docks  as  are  accessible  to  all  watercraft  ordinarily  em- 
ployed in  carrying  such  products  upon  the-  waters  of  San 
Francisco  Bay  and  the  navigable  waters  contributing 
thereto,  and  vessels  so  loaded  shall  have  the  pref- 
erence at  all  times  at  docking  at  such  wharves  and 
piers  contiguous  to  said  lands  over  other  vessels  not  so 
loaded. 

Sec.  3.  Docking  room  at  said  piers  shall  be  assigned 
without  partiality  to  all  vessels  engaged  in  the  trans- 
portation of  said  products,  and  the  space  assigned  shall 
be  sufficient  to  permit  such  vessels  regularly  running  upon 
a  route  to  receive  and  discharge  their  entire  cargoes  of 
such  products  at  the  piers  aforesaid,  if  they  so  desire, 
subject  to  the  control  and  direction  of  the  board  of  state 
harbor  commissioners.  And  the  said  board  of  state  harbor 
commissioners  shall  construct  car  tracks  to  connect  the 
said  docks  and  piers  with  the  land  so  set  apart  for  the 
free  public  market  and  with  the  belt  railroad.  For  the 
use  of  these  traces  .the  state  harbor  commissioners  shall 
prescribe  such  regulations  as  public  convenience  may  re- 
quire, and  fix  the  compensation  to  be  paid  by  the  com- 
panies making  use  of  them  for  this  purpose. 

Sec.  4.  The  harbor  commissioners  shall  suitably  inclose 
said  free  market  and  construct  suitable  tramways  and 
tracks  or  other  devices  for  the  rapid  conveyance  of  per- 
ishable products  from  car  or  boat  or  other  conveyance  to 
the  stalls  in  the  free  market,  and  operate  the  same. 

Sec.  5.  The  harbor  commissioners  shall  assign  space 
within  the  free  market  to  all  producers  of  perishable 
products,  under  such  regulations  as  the  harbor  commis- 
sioners may  prescribe.  No  rental  shall  be  charged  for 
space  in  the  free  market.  Any  violation  of  this  act,  or 
of  the  regulations  made  pursuant  thereof,  shall  exclude 
the  person  or  firm  guilty  of  such  violation  from  the 
privilege  of  selling  in  the  free  market,  during  the  pleasure 
of    the    haroor    commissioners,    not    exceeding    one  year. 


1098  APPENDIX. 

in  addition  to  any  other  penalty  which  may  be  incurred 
thereby. 

Sec.  6.  For  the  payment  of  the  expenses  of  said  free 
market  the  said  board  of  state  harbor  commissioners  may, 
in  their  judgment,  so  adjust  tolls  upon  the  said  perishable 
products  as  shall  be  delivered  into  said  free  market  as 
to  provide  the  necessary  revenue;  provided,  however,  that 
no  one  shall  be  compelled  to  enter  into  said  free  public 
market,  and  np  tolls  for  the  purpose  of  paying  the  ex- 
penses of  said  free  market  shall  be  levied,  assessed,  or 
inflicted  upon  any  products  not  entering  into  said  free 
public  market;  and  provided  further,  that  the  total  of 
such  tolls  so  levied  shall  not  exceed  the  total  expense  of 
maintaining  such  free  market. 

Sec.  7.  The  officers  of  said  free  market  shall  be  a  super- 
intendent and  assistant  superintendent,  who  shall  also  be 
secretary,  and  such  other  employees  as  the  state  board 
of  harbor  commissioners  may  appoint.  The  salary  of 
all  employees  of  said  free  market  shall  be  fixed  by  the 
state  board  of  harbor  commissioners,  and  be  paid  out  of 
the  general  fund  of  said  harbor  commission  the  same  as 
other  employees. 

Sec.  8.  All  officers  and  employees  of  any  public  market 
on  state  property  are  officers  and  employees  of  the  state, 
and  shall  qualify  in  the  same  manner  as.  other  employees, 
and  give  such  bonds  as  the  harbor  commissioners  may 
prescribe. 

Sec.  9.  There  is  hereby  appropriated  out  of  the  San 
Francisco  Harbor  improvement  fund  the  necessary  moneys 
to  enable  the  harbor  commissioners  to  carry  this  act  into 
effect,  and  this  appropriation  shall  have  precedence  of 
all  other  claims  on  such  fund  for  improvements. 

An  act  to  authorize  the  board  of  state  harbor  commis- 
sioners to  make  repairs  upon  private  wharves  in  their 
possession. 

[Approved  March  26,  1874;  1873-4,  663.] 
Maintenance   of   wharves. 

Section  1.  The  board  of  state  harbor  commissioners  are 
hereby  authorized  and  empowered,  in  their  discretion,  to 
repair  and  maintain  any  wharf  or  wharves  in  their  pos- 
session   or    under    their    control,    notwithstanding    such 


HARBOR    COMMISSIONERS— NATIONAL    GUARD.  W99 

wharf  or  wharves  may  belong  to  private  parties,  and  to 
pay  the  expenses  thereof  in  the  same  manner  as  is  now 
provided  for  the  repairs  or  maintenance  of  the  wharves 
of  the  state;  provided,  however,  tnat  such  authority  to 
repair  and  maintain  private  wharves  shall  terminate  with 
the  termination  of  the  possession  or  control  of  the  same 
on  the  part  of  said  board. 

Sec.   2.     This   act  shall   take    effect    immediately    after 
its   passage. 

An  act  to  authorize  the  compromise  of  certain  litigation 
concerning  a  portion  of  the  water-front  of  the  city 
and  county  of  San  Francisco. 

[Approved  April  3,  1876;  1875-6,  905.] 
This  act  authorizes  the  governor,  mayor  of  San  Fran- 
cisco, and  board  of  state  harbor  commissioners  to  com- 
promise and  settle  with  claimants  for  the  premises  lying 
between  Jackson  and  Pacific  streets,  and  outside  of  the 
water-front  line  as  established  by  the  beach  and  water 
lot  act  of  March  26,  1851.  The  compromise  contemplated 
was  to  accept  deeds  of  the  entire  property  to  the  state, 
and  pay  therefor  such  amount  as  might  be  determined 
on  out  of  the  San  Francisco  Harbor  improvement  fund. 


NATIONAL   GUARD. 

An  act  to  define  the  duties  of  inspectors  of  rifle  practice 
of  the  National  Guard  of  California. 
[Approved  March  30,  1878;   1877-8,  758.] 
This  act  was  incorporated  in  the  Political  Code  in  1897. 
See  sec.  2008. 

An  act  to  provide  for  independent  and  unattached   com- 
panies  of  the   National   Guard   of   the    state   of   Cali- 
fornia, and  to  provide  for  the  manner  of  making  al- 
lowances for  the  use  and  support  of  such  companies. 
[Approved  March  8,  1901;   Stats  1901,  110.] 
The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 
Section  1.     Any  military  organization  composed  of  vet- 
erans of  the  civil  war,  and  having  the  minimum  number 
required  to   constitute  a   company,  if,  upon  the  required 
examination  they  be  found  capable  of  efficient  service  fo 


UOO  APPENDIX. 

the  state  in  the  performance  of  active,  garrison,  or  other 
military  duty,  may  be  organized  and  mustered  into  the 
military  service  of  the  state,  notwithstanding  the  mem- 
bers thereof  may  be  over  the  age  of  forty-five  years;  and 
such  companies  or  organizations  when  so  constituted  shall 
be  mustered  into,  and  become  a  part  of,  the  National  Guard 
of  the  state,  and  shall  be  subject  to  all  the  laws  regulat- 
ing and  governing  the  National  Guard,  except  that  they 
shall  be  deemed  and  considered  independent,  unattached 
companies,  acting  under  the  direct  orders  of  the  com- 
mander-in-chief. 

Sec.  2.  Such  companies  shall  receive  such  allowances  as 
may  be  approved  and  allowed  by  the  state  board  of  mili- 
tary auditors  out  of  any  moneys  appropriated  for  the  use 
of  such  companies;  provided,  however,  that  such  allow- 
ances shall  in  no  case  exceed  the  sum  of  five  hundred  dol- 
lars for  any  one  of  such  companies  for  any  one  fiscal 
year. 

Sec.  3.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 
Consult  also  the  following  acts: 

An   act   to   authorize    the   acquisition,   by    donation,   of   a 
site  or  sites  for  camps  of  instruction  for  the  National 
Guard  of  the  state  of  California,  and  to  improve  the 
same. 
[Approved    March    9,    1893;    Stats.    1893,    p.    123;    in   effect 
immediately.] 
Probably  repealed  by  Stats.  1899,  65. 

An  act  establishing  a  camp  of  instruction  and*  authorizing 

the  acquisition  by  donation  of  a  site  for  the  same. 

[Approved    March    4,    1899;    Stats.    1899,    p.    65;    in    effect 

immediately.] 

An  act  providing  encampments  shall  be  held  at  the  camp 

of   instruction. 

[Approved   March   20,   1899;    Stats.   1899,   p.   148;    in   effect 

immediately.] 

An  act  to  ascertain  the  expense  of  mustering  the  National 
Guard  into  the  United  States  army  and  the  expense 
of  reorganizing  the  same. 

[Approved  March  8,  1899;  Stats.  1899,  p.  80;  in  effect 
immediately.] 


NATIONAL    GUARD— NORMAL    SCHOOLS.  1101 

An  act   regarding  privileges   and   exemptions   of   members 

entering  United  States  volunteer  service. 

[Approved   March   21,   1899;    Stats.   1899,   p.   158;    in   effect 

immediately.] 

See  Pol.  Code,  sees.  1936,  1973a,   as  am'd.  1901,  581,  585. 


NAVAL  BATTALION. 

An  act  to   establish  a  naval  battalion,   to  be  attached  to 

the  National  Guard  of  California. 
[Approved    March    1.    1893;     Stats.    1893,    p.    62;    in    effect 
immediately.] 
Consult  the  statutes  of  1893  for  the  act. 


NORMAL   SCHOOLS. 
Consult  the  following  acts: 

An  act  to  establish  a  branch  state  normal  school  in  north- 
ern California. 

[Approved  March  9,  1887;  Stats.  1887,  p.  60;  in  effect 
immediately.] 

An  act  to  establish  a  state  normal   school   in   San   Fran- 
cisco. 
[Approved   March   22,   1899;    Stats.   1899,   p.    177;    in   effect 
immediately.] 

An  act  to  establish  a  branch  state  normal  school. 
[Approved    March    14,    1881;    Stats.    1881,    p.    89;    in    effect 
immediately.] 
The  act   established   a  state  normal  school  at   Los   An- 
geles.    See  also  Stats.  1883,  p.  281. 

An  act  to  provide  for  the  construction  and  furnishing  of 
an  additional  school  building  for  the  use  of  the  state 
normal   school  at  Los  Angeles,  California,  and  to  ap- 
propriate money  therefor. 
[Approved    March    9,    1893;    Stats.    1893,    p.    120;    in    effect 
immediately.] 
Seventy-five  thousand   dollars   was  appropriated   for  the 
purpose  indicated. 

An  act  to  provide  for  the  construction  and  furnishing  of 
a  manual  and  gymnasium  building  for  the  use  of  the 
state  normal  school  at  Los  Angeles,  California,  and  to 
appropriate  money  therefor. 


1102  APPENDIX. 

[Approved  March  19,  1889;  Stats.  1889,  p.  333;  in  effect 
immediately.] 

Ten  thousand  dollars  was  appropriated  for  the  purpose 
indicated. 

An  act  establishing  a  state  normal  school  in  San  Di^o 
County,  California,  and  making  an  application  of 
fifty  thousand  dollars  therefor. 

[Approved  March  13,  1897;  Stats.  1897,  p.  114;  in  effect 
immediately.] 

An  act  to  provide  for  the  erection  of  additional  buildings 
for  the  use  of  the  state  normal  school  at  San  Jose, 
California,  and  making  an  appropriation  therefor. 

[Approved  April  6,  1891;  Stats.  1891,  p.  497;  in  effect 
immediately.] 

Thirty-seven  thousand  dollars  was  appropriated  for  the 
purpose  indicated. 

An  act  authorizing  and  empowering  the  board  of  school 
trustees  of  the  city  of  San  Jose,  county  of  Santa  Clara, 
state  of  California,  to  erect,  construct,  and  build,  and 
maintain,  at  the  expense  of  the  said  city  of  San  Jose, 
a  high  school  building  on  the  north  side  of  the  state 
normal  school  grounds  at  San  Jose  between  Fifth  and 
Seventh  streets  in  said  city. 

[Statute  approved  March  17,  1897;  Stats.  1897,  p.  167;  in 
effect  immediately.] 

An  act  authorizing  the  trustees  of  the  normal  school  at 
San  Jose  to  reconvey  to  the  city  of  San  Jose  a  parcel 
of  land  for  a  free  library.     [Stats.  1901,  575.] 


NOTARIES. 
See  post,  title  San  Francisco. 


OFFICERS. 

An  act  to  protect  candidates  for  certain  public  offices,  to 
prohibit  certain  acts  by  such  candidates,  an-d  to  provide 
a  punishment  for  infi actions  of  this  law. 
[Statute  approved  March  2,  1897;  Stats.  1897,  p.  53.] 

The  people  of  the  state  of  California,  represented  in  sen- 
ate and  assembly,  do  enact  as  follows: 
Section  1.    It  shall  be  unlawful   for   any   person,  either 


OFFICERS.  .  1103 

individually  or  as  an  officer  or  member  of  any  committee 
or  association,  to  demand  or  solicit  of  any  candidate  for 
the  legislature,  or  of  any  candidate  for  supervisor,  or  of 
any  cairdidate  for  school  director,  or  of  any  candidate 
for  any  legislative  body,  that  he  shall  vote  for  any  par- 
ticular bill  or  specific  measure  which  may  come  before 
any  such  legislative  body  to  which  he  may  be  elected; 
provided  always,  that  this  inhibition  shall  not  in  any  cas? 
apply  to  the  pledges  exacted  of  a  candidate  by  the  plat- 
form or  resolutions  of  any  convention  by  which  any  such 
candidate  may  be  nominated. 

Sec.  2.  It  shall  be  unlawful  for  any  candidate  for  the 
legislature,  or  for  any  candidate  for  supervisor,  or  for  any 
candidate  for  school  director,  or  for  any  candidate  for  any 
other  legislative  body,  to  sign  or  give  any  pledge  that  he 
will  vote  for  or  against  any  particular  bill  or  specific  meas- 
ure that  may  be  brought  before  any  such  legislative  body; 
provided  always,  that  this  prohibition  shall  not  apply  to 
any  pledge  or  promise  that  any  such  candidate  may  give 
to  a  convention  by  which  he  may  be  nominated  for  any 
such  office,  or  to  those  v.'ho  may  sign  a  certificate  for  hir, 
nomination. 

Sec.  3.  Any  person  violating  any  provision  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  any  candi- 
date violating  any  provision  of  this  act  shall,  in  addition, 
be  disqualified  from  holding  the  office  to  which  he  may 
be  elected. 

An  act  to  make  women  eligible  to  educational  offices. 
[Approved  March  12,  1874;   1873-4,  356.] 

Women  eligible. 

Section  1.  Women  over  the  age  of  twenty-one  years, 
who  are  citizens  of  the  United  States  and  of  this  state, 
shall  be  eligible  to  all  educational  offices  within  this  state 
except  those  from  which  they  are  excluded  by  the  con- 
stitution. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed.  This  act  shall  take  effect  from 
and  after  its  passage. 

An  act  prescribing  certain  duties  to  be  performed  by  the 
state  controller,  state  treasurer,  and  state  board  of 
examiners. 

[Approved  February  20,  1872;   1871-2,  118.] 


U04  APPKNDIX. 

Section  1.  The  state  controller  shall  furnish  to  the 
state  treasurer,  on  the  tenth,  twentieth,  and  last  days  of 
each  month,  and  when  either  of  these  days  falls  upon  a 
day  on  which  the  state  controller  is  not  required  to  keep 
his  office  open  for  the  transaction  of  business,  then  upon 
the  day  immediately  preceding  the  days  herein  mentioned, 
with  a  report  of  all  warrants  drawn  by  him  upon  the 
treasurer  since  the  date  of  his  last  report.  Such  report 
shall  show  the  number,  date,  and  amount  of  each  war- 
rant, to  whom  issued,  and  the  fund  out  of  which  it  is 
payable.  From  the  report  so  furnished  by  the  controller, 
the  state  treasurer  shall  make  a  register  of  warrants,  and 
shall  pay  all  warrants  in  the  order  in  which  they  are 
drawn  by  t,  ~  controller 

Sec.  2.  Upon  the  last  day  of  each  month,  except  when 
such  last  day  falls  upon  a  day  on  which  the  state  treas- 
urer is  not  required  by  law  to  keep  his  office  open  for 
the  transaction  of  business,  then  upon  the  day  imme- 
diately preceding  such  last  day,  the  state  treasurer  shall 
furnish  the  state  controller  with  a  list  of  all  warrants 
paid  by  him  since  the  date  on  which  his  last  list  was  fur- 
nished. Such  list  shall  contain  the  number,  date,  and 
amount  of  each  warrant,  and  the  fund  out  of  which  the 
same  was  paid. 

Sec.  3.  Immediately  after  the  passage  of  this  act,  it 
shall  be  the  duty  of  the  state  controller  and  state  treas- 
urer, under  the  supervision  of  the  governor,  to  ascertain 
the  numbers,  dates,  and  amounts  of  the  several  warrants 
drawn  by  the  controller,  and  then  unpaid  by  the  treas- 
urer, and  to  adjust  the  balances  in  the  several  funds  of 
the  state  treasurer  upon  the  books  of  the  controller  and 
treasurer  in  accordance  with  the  sums  found  to  the  credit 
of  each  on  the  books  of  the  controller,  and  tue  warrants 
found  to  be  outstanding  and  not  paid  by  the  treasurer. 

Sec.  4.     When  the  balances  in  the  several  funds  of  the 
state   treasury   shall   be   adjusted   as   provided   for   in   the 
next  preceding  section,  the  state  board  of  examiners  shall 
count  the  money  in  the  state   treasury,   and  compare  the 
amount  with  the  amouht  found  to  be  in  all  the  funds  of   « 
the   state   treasury   by   the   books   of   the   state   controller,  fl 
and  upon  the  first  business  day  of  each  month  thereafter,   * 
the  state  controller  shall  furnish  the  state  board  of  exam- 
iners with  a  statement  of  the  amount  of  money  in  each 
fund  of  the  state  treasury,  and  the  total  amount  as  the 


OFFICERS.  lll>o 

same  appears  upon  the  books  of  his  office,  together  with 
a  list  of  warrants  issued  by  him  but  not  paid  by  the  state 
treasurer,  and  for  the  payment  of  which  there  is  money 
in  the  state  treasury.  Upon  the  receipt  of  such  statement 
from  the  controller,  the  state  board  of  examiners  shall 
proceed  to  count  the  money  in  the  state  treasury,  and 
compare  the  amount  with  the  amount  named  in  the  state- 
ment of  Ihe  controller. 

Sec.  5.  Whenever  any  warrant  issued  by  the  state 
controller  shall  remain  in  his  office  uncalled  for  by  the 
owner  thereof  for  the  period  of  one  year  after  such  war- 
rant has  L-'Come  payable,  it  shall  be  the  duty  of  the  con- 
troller and  treasurer,  in  the  presence  of  the  state  board 
of  examinei's,  to  cancel  the  same;  and  whenever  any  war- 
rant, delivered  to  the  owner  therof  by  the  controller,  but 
not  presented  to  the  state  treasurer  for  payment  for  a 
period  of  one  year  after  such  warrant  has  become  pay- 
able, said  warrant  shall  be  deemed  to  be  canceled,  and 
the  treasurer  shall  in  the  presence  of  the  controller  and 
state  board  of  examiners,  write  the  word  '-'Canceled"  op- 
posite the  entry  of  such  warrant  in  his  registry  of  war- 
rants provided  for  in  the  first  section  of  this  act.  The 
word  "Canceled"  shall  also  be  written  by  the  state  con- 
troller opposite  the  entry  in  the  warrant  register  in  his 
office  of  all  warrants  required  to  be  canceled  by  this  act. 
The  amounts  of  all  warrants  canceled  under  the  provis- 
ions of  this  act  shall  revert  to  the  fund  in  the  state  treas- 
ury against  which  said  warrants  were  drawn,  and  shall 
be  entered  upon  the  books  of  the  controller  to  the  credit 
of  such  fund,  in  the  same  manner  as  other  moneys  paid 
into  the  rtate  treasury. 

Sec.  6.  The  controller  and  treasurer  shall  each  keep  a 
register  of  warrants  canceled  under  this  act,  in  which 
shall  be  entered  the  number,  date,  and  amount  of  the  war- 
rant, the  •  "'-  e  of  the  person  in  whose  favor  it  was  drawn, 
the  fund  out  of  which  it  was  payable,  and  the  date  of  can- 
cellation. \v  henever  the  owner  of  any  warrant  canceled 
under  the  provisions  of  this  act  demands  sucii  warrant 
from  the  controller,  it  shall  be  the  duty  of  the  controller 
to  issue  ^  new  warrant  for  the  same  amount,  in  the  name 
of  the  same  person,  and  payable  out  of  the  same  fund  as 
the  warrant  canceled;  and  in  case  where  a  warrant  is- 
sued by  the  controller,  but  not  paid  by  the  treasurer, 
has  been  canceled,  and  the  owner  or  holder  thereof  pre- 
Pol.    Code— 70 


1106  APPENDIX. 

sents  the  same  for  payment,  it  shall  be  the  duty  of  the 
state  controller  to  draw  a  new  warrant  therefor,  in  the 
name  of  the  same  person,  for  the  same  amount,  and 
payable  out  of  the  same  fund  as  the  original  warrant, 
and  such  original  warrant  shall  thereupon  be  canceled  by 
him  and  retained  in  his  office  as  his  voucher  for  issuing 
such  new  warrant.  In  all  cases  where  a  warrant  shall 
be  issued  in  lieu  of  one  canceled,  the  word  "Duplicate" 
shall  be  plainly  written  or  printed  across  the  face  thereof, 
in  red  ink,  by  the  controller,  and  the  issue  thereof  noted 
on  the  registry  of  canceled  warrants  kept  in  his  office,  and 
when  any  such  duplicate  warrant  is  paid  by  the  state 
treasurer,  he  shall  note  the  payment  thereof  on  the  reg- 
istry of  canceled  wari'ants  kept  in  his  office. 

Sec.  7.  Whenever  the  interest  coupons  attached  to  any 
registered  bond  of  this  state  issued  under  either  of  the 
following  named  acts,  to  wit:  An  act  to  provide  for  pay- 
ing certain  equitable  claims  against  the  state  of  Califor- 
nia, and  to  contract  a  funded  debt  for  that  purpose,  ap- 
proved April  28,  1857;  an  act  to  amend  an  act  entitled.  An 
act  to  provide  for  paying  certain  equitable  claims  against 
the  state  of  California,  and  to  contract  a  funded  debt  for 
that  purpose,  approved  April  28,  1857,  approved  April  27, 
1860;  an  act  for  the  relief  of  the  enlisted  men  of  the 
California  volunteers  in  the  sei'vice  of  the  United  States, 
approved  April  27,  1863;  an  act  granting  bounties  to  the 
volunteers  of  this  state,  enlisted  in  the  service  of  the 
United  States,  for  issuing  bonds  to  provide  funds  for 
the  payment  of  the  same,  and  to  levy  a  tax  to  pay  such 
bonds,  approved  April  4,  1864;  and  an  act  '■"thorizing  the 
issuance  of  state  bonds  to  the  amount  of  two  hundred  and 
fifty  thousand  dollars,  to  be  known  as  state  capitol  bonds, 
approved  April  4,  1870 — shall  not  be  presented  to  the  state 
treasurer  for  payment  for  a  period  of  one  year  after  such 
coupon  has  become  due  and  payable,  it  shall  be  the 
duty  of  the  state  treasurer  to  furnish  the  state  controller 
and  state  board  of  examiners  each  with  a  list  of  such 
coupons  not  presented  for  payment,  with  the  amount 
thereof,  whereupon  the  state  controller  shall  order  the 
treasurer  to  place  the  money  held  by  him  for  the  pay- 
ment of  such  coupons  into  the  general  fund  of  the  state 


OFFICERS— ORPHAN    ASYLUMS.  110/ 

treasury,   and   the  amount   so    ordered    into    the  general 

fund  shall  be  placed  to  the  credit    of    said    fund  on    the 

books  of  the  controller  and  treasurer  in  the  same  manner 
as  other  moneys  paid  into  the  state  treasury. 

Sec.  8.  Whenever  any  of  the  interest  coupons  men- 
tioned in  the  seventh  section  of  this  act  are  presented  for 
payment,  after  the  money  to  pay  the  same  has  been  trans- 
ferred to  the  general  fund,  such  coupons  shall  be  pre- 
sented to  the  state  board  of  examiners,  which  board  shall 
audit  and  allow  them  out  of  the  general  fund  of  the  state 
treasury,  and  shall  transmit  a  voucher  to  the  state  con- 
troller upon  which  to  draw  his  wan-ant  upon  the  state 
treasurer.  Upon  the  presentation  of  such  warrant  and 
the  surrender  to  him  of  the  coupons  for  the  payment  of 
which  the  said  warrant  is  drawn,  the  state  treasurer  shall 
pay  the  same  out  of  the  general  fund. 

Sec.  9.  Immediately  after  the  passage  of  this  act  the 
state  board  of  examiners  shall  examine  the  books  in  the 
state  treasurer's  office  in  which  are  pasted  the  coupons 
of  the  registered  bonds  of  the  state  paid  by  him,  and  shall 
require  the  state  treasurer  to  make  out  a  list  of  all  cou- 
pons not  found  therein,  as  provided  for  in  section  seven  of 
this  act,  and  the  money  held  by  him  for  the  payment 
thereof  shall  be  placed  in  the  general  fund,  as  provided 
in  this  act. 

Sec.  10.  This  act  shall  take  effect  from  and  after  its 
passage. 

An   act   providing   for   the   removal   of  civil   officers   for   a 
violation  of  official  duties. 

[Approved  March  30,  1874;    1873-4,  911.] 

The  code  commissioners  say  of  this  act:  "Repealed  by 
the  constitution  of  1879  and  the  County  Government  Acts: 
Fraser  v.  Alexander,  75  Cal.  147." 


ORPHAN    ASYLUMS. 
Act  to  provide  for  appointment  of  guardians  for  orphans, 
See  Civil  Code,  title  Infancy. 


U08  APPENDIX. 

PILOTS. 

Consult  the  following  acts: 

An  act  to   establish  pilots   and   pilot   regulations   for  the 

port  of  San  Dieiro. 
[Approved  March  26,  1872;  1871-2,  p.  650;   in  effect  imme- 
•     diately.] 

An  act  to  provide  for  the  appointment  of  pilots,  and  de- 
fining their  duties  and  compensation,  at  the  port  of 
Wilmington  and  bay  of  San  Pedro. 

[Approved  March  19,  1889;    Stats.  1889,   p.  416;    in  effect 
immediately.] 


POLICE   DEPARTMENT. 

An  act  to  regulate  the  salaries  of  certain  officers  in  the 
police  department  within  municipalities  of  the  first 
class  in  the  state  of  California,  and  to  provide  for 
the  appointment  and  salaries  of  other  officers  of  such 
departments. 
[Statute  approved  March  8,  1897;  Stats.  1897,  p.  72.] 
Unconstitutional:  Popper  v.  Broderick,  123  Cal.  456. 


PUBLIC  ADMINISTRATOR. 

An   act   to   provide   for   public    administrators   in    certain 

cases. 

[Approved  March  30,  1872;  1871-2,  796.] 
The  code  commissioners  say  of  this  act:   "Repealed  by 
County  Government  Act,  1897,  490,  sees.  142-147,  prescrib- 
ing the  duties  of  coroner." 


SAN  FRANCISCO. 

An   act   providing   for    the   appointment   of   an   additional 

notary  public  for  the  city  and  county  of  San  Francisco 

for  the  accommodation  of  the  inhabitants  of  said  city 

and   county  at  the  Presidio. 

[Approved  April  16,  1880;  1880.  106  (Ban.  ed.  345).] 

This   act  was  superseded   by   sec.   791,  Pol.   Code.     See 

next  act. 


I 


SAN    FTIANCISCO— SHERIFFS.  !!•« 

An  act  authorizing  the  appointment  of  a  notary  public  in 
the  city  and  county  of  San  Francisco,  to  reside  and 
transact   notarial    duties    at   Yerba   Buena    Island,   or 
Groat  Island,  in  the  bay  of  San  Francisco,  in  addition 
to  the  number  of  notaries  now  authorized  by  law  for 
said  city  and  county. 
[Approved  February  13,  1903;   Stats.  1903,  26.] 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.     The  governor  is  hereby  authorized  and  em- 
powered to  appoint  and  commission  one  notary  public  in 
and  for  the  city  and  county  of  San  Francisco,  to  reside 
and  transact  his  notarial  duties  at  Yerba  Buena  Island, 
known  as  Goat  Island,  in  the  bay  of  San  Francisco,  in  ad- 
dition to  the  number  of  notaries  now  authorized  by  law 
to  be  appointed  in  said  city  and  county.     Such  notary  shall 
be  subject  to  the  geueral  laws  relating  to  notaries  pub- 
lic. 

Sec.  2.    This  act  shall  take  effect  immediately. 


SHERIFFS. 


An  act  to  authorize  the  boards  of  supervisors  to  furnish 
the  sheriff  and  deputy  sheriffs  of  their  several  coun- 
ties with  a  suitable  badge  of  oflace. 

[Approved  April  1,  1876;  1875-6,  803.] 

Sheriff's  badges. 

Section  1.  The  boards  of  supervisors  of  the  several 
counties  of  this  state  must  furnish  to  the  sheriff,  under- 
sheriffs,  and  deputy  sheriffs,  of  their  respective  counties 
a  suitable  badge  of  oflBce,  upon  which  shall  be  inscribed 
the  words  "sheriff"  and  "deputy  sheriff." 

Sec.  2.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  act  to  amend  an  act  entitled  "An  act  to  allow  com- 
pensation to  sheriffs  for  conveying  prisoners  to  state 
prisons  and  insane  persons  to  the  insane  asylums," 
approved  March  14,  1885,  providing  for  compensation 
to  sheriffs  for  service  rendered  since  the  fourteenth 
day  of  March,  eighteen  hundred  and  eighty-five. 
[Approved  March  15,  1889;  1889,  200.] 
The  act  of  1885  was  entirely  amended  by  this  act. 

86 


1110  APPENDIX. 

Section  1.  An  act  entitled  "An  act  to  allow  compensa- 
tion to  sheriffs  for  conveying  prisoners  to  the  state  prisons 
and  insane  persons  to  the  insane  asylums,"  is  hereby 
amended  so  as  to  read  as  follows: 

Section  1.  There  sliall  be  allowed  by  the  state  board 
of  examiners  to  the  sheriff,  to  be  retained  by  him  for 
his  own  use,  for  delivering  a  prisoner  to  either  of  the 
state  prisons,  actual  expenses,  and  five  dollars  per  diem 
for  the  time  necessarily  consumed  in  delivering  such 
prisoner. 

Sec.  2.  There  shall  be  allowed  by  the  state  board  of 
examiners  to  the  sheriff,  to  be  retained  by  him  for  his 
own  use,  for  delivering  any  insane  person  to  either  of 
the  insane  asylums,  his  actual  expenses,  and  the  same 
per  diem  as  is  allowed  in  section  one  of  this  act. 

Sec.  3.  The  sheriff  shall  be  allowed,  and  is  entitled 
to  receive  and  retain  for  his  own  use,  the  same  com- 
pensation and  expenses  for  all  like  services  mentioned  in 
sections  one  and  two  of  this  act,  rendered  by  him  since 
the  fourteenth  day  of  March,  eighteen  hundred  and  eighty- 
five. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


STATE. 


Acts  relating  to  suits  against:    See  Code  of  Civil  Pro- 
cedure, Appendix,  title  State. 

An   act   authorizing   the   allowance,    settlement,   and   pay- 
ment of  claims  of  counties  against  the  state. 
[Approved  March  9,  1893;  Stats.  1893,  p.  109.] 
Section  1.     On    the    presentation  of    the    claim    of  any 
county   of  this    state,   or   treasurer   thereof,   to   the   state 
controller  for    commissions,   charges,  or  fees  fixed  or  di- 
rected to   be  allowed  by   law   for   the,  collection  of   state 
taxes,   the  said   commissions,   charges,  or  fees  for   which 
claim  is  made,  not  having  been  allowed  by  the  state,  and 
the  same  having  been  paid  into  the  state  treasury,  there- 
upon the  state    controller    shall,    in  the  next  settlement 
thereafter  to   be  made  with  the  treasurer  of  the  county 
presenting   such   claim,   allow   to  be   retained   out   of  any 
moneys   then   in  the  hands  of  such   treasurer  belonging 


STATE— STATE     ANALTST.  H" 

to  the  state,  the  amount  of  such  claim;  provided  how- 
ever, that  the  moneys  thus  retained  shall  be  paid  into 
the  county  treasury,  and  shall  be  the  property  of  such 
county. 

Sec.  2.     This  act  sLall  take  effect  immediately. 

An  act  to  authorize  the  payment  of  claims  against  the 
state,  which  were  incurred  under  an  act  to  promote 
drainage,  approved  April  23,  1880,  and  to  appropriate 
money  for  their  payment. 

[Approved  March  4,  1889;  1889,  55;  in  effect  immediately.] 

Twenty  thousand  dollars  was  appropriated  for  the  pur- 
pose indicated. 


STATE  ANALYST. 

An  act  to  provide  for  analyzing  the  minerals,  mineral 
waters,  and  other  liquids,  and  the  medicinal  plants 
of  the  state  of  California,  and  of  foods  and  drugs,  to 
prevent  the  adulteration  of  the  same. 

[Approved  March  9,  1885;  Stats.  1885,  43.] 

Section  1.  The  governor  of  the  state  of  California  shall 
appoint  one  of  the  professors  of  the  State  University  of 
California,  of  sufficient  competence,  knowledge,  skill,  and 
experience,  as  state  analyst,  whose  duty  it  shall  be  to 
analyze  all  articles  of  food,  drugs,  medicines,  medicinal 
plants,  minerals,  and  mineral  waters,  and  other  liquids 
or  solids  which  shall  be  manufactured,  sold,  or  used 
within  this  state,  when  submitted  to  him,  as  hereinafter 
provided. 

Sec.  2.  The  state  board  of  health  and  vital  statistics, 
or  medical  officers  of  health  of  any  city,  town,  or  of  any 
city  and  county,  or  county,  may,  at  the  cost  of  their  re- 
spective boards  or  corporations,  purchase  a  sample  of  any 
food,  drugs,  medicines,  medicinal  plants,  mineral  waters, 
or  other  liquids  offered  for  sale  in  any  town,  village,  or 
city  in  this  state,  and  submit  the  same  to  the  state  analyst 
as  hereinafter  provided;  and  said  analyst  shall,  upon 
receiving  such  article  duly  submitted  to  him,  forthwith 
analyze  the  same,  and  give  a  certified  certificate  to  the 
secretary  of  the  state  board  of  health  submitting  the  same, 
wherein  he  shall  fully  specify  the  result  of  the  analysis; 


1112  APPENDIX. 

and  the  certificate  of  the  state  analyst  shall  be  held  in 
all  the  courts  of  this  state  as  prima  facie  evidence  of  the 
properties  of  the  articles  analyzed  by  Mm. 

Sec.  3.  Any  person  desiring  an  analysis  of  any  food, 
drug,  medicine,  medicinal  plant,  soil,  mineral  water,  or 
other  liquid,  shall  submit  the  same  to  the  secretary  of 
the  state  board  of  health,  together  with  a  written  state- 
ment of  the  circumstances  under  which  he  procured  the 
article  to  be  analyzed,  which  statement  must,  if  required 
by  him,  be  verified  by  oath,  and  it  shall  be  the  duty  ol 
the  secretary  of  the  state  board  of  health  to  transmit  the 
same  to  the  state  analyst,  the  expenses  thereof  to  be  de- 
frayed by  the  said  board. 

Sec.  4.  The  state  analyst  shall  report  to  the  state  board 
of  health  the  number  of  all  the  articles  analyzed,  and  shall 
specify  the  results  thereof,  to  said  board  annually,  with 
full  statement  of  all  the  articles  analyzed,  and  by  whom 
submitted. 

Sec.  5.  The  state  board  of  health  may  submit  to  the 
state  analyst  any  samples  of  food,  drugs,  medicines, 
medicinal  plants,  mineral  waters,  or  other  liquids,  for 
analysis,   as   hereinbefore   provided. 

Sec.  6.  It  shall  be  competent  for  the  mineralogist  of  the 
state  of  California  to  submit  to  the  state  analyst  any 
minerals  of  which  he  desires  an  analysis  to  be  made;  pro- 
vided, that  the  cost  of  the  same  shall  be  defrayed  by  the 
mineralogical  bureau. 

Sec.  7.  The  board  of  state  viticultural  commissioners 
shall  "have  the  same  privileges  as  are  provided  for  the 
state  board  of  health  under  this  act  with  respect  to  sam- 
ples of  wines  and  grape  spirits,  and  of  all  liquids  and  com- 
pounds in  imitation  thereof,  and  any  person  or  persons 
desiring  analyses  of  such  products  shall  submit  the  same 
to  the  secretary  of  the  said  board  of  state  viticultural 
commissioners,  and  the  same  shall  be  transmitted  to  the 
state  analyst,  in  the  manner  prescribed  in  section  three 
of  this  act.  The  analyses  shall  be  made,  and  the  cer- 
tificates of  the  state  analyst  shall  be  forwarded  to  the 
secretary  of  the  said  board  of  state  viticultural  commis- 
sioners, and  shall  have  the  same  force  and  effect  as  pro- 
vided for  in  section  two  of  this  act,  with  respect  to  analyses 
made  for  the  state  board  of  health. 


SUPERVISORS--SURVEYOR-GENERAL.  1113 

SUPERVISORS. 

An    act  to    authorize    the    boards  of  supervisors    of    the 
several  counties  of  this  state  to  transfer  certain  funds. 
[Approved  April  23,  1880;    1880,  133   (Ban.  ed.  399).] 
Superseded   by  subd.  18  sec.  25,  1897,  463,  County  Gov- 
ernment  Act. 


SUPREME  COURT  REPORTERS. 

An   act  to   provide  for  the  appointment   of  a   deputy   su- 
preme court  reporter,  and  to  regulate  his  compensa- 
tion. 
[Approved  February  26,  1881;   Stats.  1881,  9;   in  effect  im- 
mediately.] 
The  nature  of  the  act  appears  from  the  title. 


SURVEYOR-GENERAL. 

An  act  making  an  appropriation  for    the  payment  of  an 
indebtedness   created   or   to   be    incurred   by   the   sur- 
veyor-general, in  transcribing  records  and  plat  books 
in  his  office. 
[Approved  February  27,  1893;    Stats.  1893,  p.  43;    in  effect 
immediately.] 
Fifteen   hundred   dollars  was  appropriated   for  the  pur- 
pose indicated. 

An  act  authorizing  the  state  surveyor-general  to  furnish 
his  office  and  vault  therein,  and  making  an  appropria- 
tion therefor, 

[Approved  March  20,  1903;  Stats.  1903,  252. J 
The  people  of  the  state  of  California,  represented  in  senate 
and  assembly,  do  enact  as  follows: 
Section  1.  The  state  surveyor-general  is  hereby  au- 
thorized to  furnish  his  office  in  the  state  capitol  with 
modern  metallic  filing  and  book  cases;  to  furnigh  the 
vault  in  his  office  with  modern  metallic  fixtures,  anj  such 
other  furnishings,-  fixtures,  and  repairs  in  the  saic.  office 
and  vault  therein,  as  he  may  deem  necessary  f.nr  the 
proper  transaction  of  the  business  of  his  office  ai  i  the 
better  protection  of  moneys,  books,  bonds,  vq't,  rs, 
papers  and  documents  committed  to  his  official  caf>i^^' 


1114  APPENDIX. 

Sec.  2.  There  is  hereby  appropriated  out  of  any  money 
in  the  state  treasury  not  otherwise  appropriated,  for  the 
purpose  herein  authorized,  the  sum  of  five  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary. 

Sec.  3.  The  state  board  of  examiners  shall  examine, 
audit,  and  allow  all  demands  arising  under  this  act,  and 
the  state  controller  shall  thereupon  draw  his  warrant 
therefor,  payable  out  of  the  general  fund,  and  the  state 
treasurer  is  hereby  directed  to  pay  the  same. 

Sec.  4.  This  act  shall  be  exempt  from  the  provisions 
of  an  act  approved  March  twenty-third,  eighteen  hundred 
and  seventy-six,  relating  to  erections  and  buildings. 

Sec.  5.  This  act  shall  be  in  force  and  take  effect  from 
and  after  January  first,  nineteen  hundred  and  four. 


TREASURERS. 
Consult  the  following  acts: 

An  act  relating  to  treasurers,  their  deputies  and  clerks,  in 
counties  and  cities  and  counties  having  a  population 
of  two  hundred  thousand  inhabitants  or  over. 

[Approved  March  23,  1893;    Stats.  1893,  p.   282.] 

Section  1.  In  all  counties  and  cities  and  counties  having 
a  population  of  two  hundred  thousand  inhabitants  or  over, 
the  treasurer  may  appoint  deputies  and  clerks  as  follows: 
One  chief  deputy,  who  shall  receive  a  salary  of  two  hun- 
dred and  fifty  ($250)  dollars  per  month;  one  clerk,  who 
shall  receive  a  salary  of  one  hundred  and  twenty-five 
($125)  dollars  per  month;  and  two  additional  deputies, 
who  shall  receive  a  salary  of  one  hundred  and  seventy- 
five  dollars  ($175)  per  month  each.  Said  salaries  shall 
be  audited,  allowed,  and  paid  out  of  the  general  fund. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Supfjrseded  as  to  San  Francisco  by  the  charter  of  that 

city.    , 

J) 

An      it  authorizing  the  controller  and  treasurer  to  trans- 

"  ^r  to  the  general  fund  all  moneys  now  in  the  state 

^ainage   construction   fund,    and  also,   from   time   to 


TREASURERS.  1115 

time,  to  transfer  to  the  general  fund  all  moneys  tliat 
may  hereafter  be  paid  into  the  state  drainage  con- 
struction fund. 

[Approved    March  31,   1891;    Stats.   1891,  p.   237;    in  effect 
immediately.] 

An  act  authorizing  the  controller  and  treasurer  to  trans- 
fer to  the  general  fund  all  moneys  to  the  credit  of  the 
construction  fund  of  drainage  district  number  one, 
and  also,  from  time  to  time,  to  transfer  to  the  general 
fund  all  moneys  that  may  hereafter  be  paid  into  said 
construction  fund  of  drainage  district  number  one. 

[Approved  March   31,   1891;    Stats.   1891,   p.   279;    in   effect 
immediately.] 

An  act  authorizing  the  controller  and  treasurer  to  trans- 
fer to  the  general  fund  all  moneys  now  in  the  election 
reward  fund,  the  leprosy  fund,  and  interest  and  sink- 
ing fund,  levee  district  number  five,  and  abolishing 
the  leprosy  fund  and  interest  and  sinking  fund,  levee 
district  number  five. 

[Approved  February  23,  1893;    Stats.   1893,  p.   6;    in  effect 
immediately.] 

An  act  authorizing  governor  to  transfer  funds. 
[Approved  March  20,  1899;     Stats.   1899,  p.  156;    in  effect 
immediately.] 

An  act  requiring  payment  into  state  treasury  of  ail  moneys 

belonging  to  the  state. 

[Approved  March  17,  1899;    Stats.  1899,  p.   110;   in  effect 

immediately.] 


INDEX. 


ABANDONMENT,  highways:   See  Hif  hways,  XIX. 

Toll  roads:   See  Toll  Roads. 
ABSENCE  of  officers  from  state,  restrictions  on,  §§  853, 
854. 

Of  military  officers,  when  resignation,   §   1928. 

From  militia  drills,  §  2029. 

Of  county  officers,  restrictions,  §  4120. 

Officer,  absence  of  from  state:   See  Offices  and  Officers. 
ABSTRACT  of  incumbrances  to  be  furnished  to  assessor, 
§   3678. 

Supervisors  to  use  same,  §  3679. 
ACCESSORY  passes  by  transfer  of  principal,  §§  1084,  3540. 

Lien  is,  §  2909. 
ACCIDENT  INSURANCE  COMPANIES,  insolvent  when,  5 
602. 

Liabilities,  what  charged  as,  §  612a. 

Reserve,  §  612a. 
ACCOUNTS  by  state  officers,  §  424. 

Money  of:   See  Money. 

Of   officers   violating   statute,    withhoMing  settlement, 
§  926. 

Officers:    See  Offices  and  Officers. 
ACRE  defined,  §  3213. 

ACTIONS,    attorney-general's    duty    where   state    a    party 
§   470. 

Existing,  code  does  not  affect,  §§  8,  18. 

Taxes,  for  collection  of:  See  Taxation,  IX,  §  7. 
ACTS:   See  Statutes. 

ACTUARY,  insurance  commissioner  may  employ,  §  604. 
ADJUTANT   GENERAL:   See  National  Guard,  XIIL 

General   duties  of,  enumeration  of,   §   2107. 

Military   instructor  of  university,  cadets  to  report  to, 
§  1477. 

Sacramento,  to  reside  and  keep  offices  at,  §  852. 

To    issue    arms,    accoutrements    and    equipments,    etc., 
to  university  cadets.   §   1475. 

ADVERTISEMENT,  publishing:   See  Notices. 
ADVERTISING,  newspaper  of  general  circulation,  official 
advertising  to  be  published  in,  §  4458. 
Newspaper  of  general  circulation,  what  is,  §  4460. 

(1117) 


1118  ADMINISTRATOR— AGRICULTURAL    SOCIETY. 

ADMINISTRATOR:   See  Executor  and  Administrator. 
ADVERSE    POSSESSION,    highways:   See    Highways,    III. 

Public  lands,  of:    See  Public  Lands,  I. 
AFFIDAVIT,  accounts  of  state  officers,  §  424. 

Accounts  of  officers,  what  requisite  before  auditor  to 

allow,  §  924. 
Assessor    to    subscribe    certain,    in    assessment    book, 

§  3652. 
Auditor,    account    of    in    duplicate    assessment    book, 

§   3732. 
Auditor   must   verify   statement  by,    §   3735. 
By  tax  collector,  of  publication,  etc.,  of  delinquent  list, 

§  3769. 
By  tax  collector,  as  to  delinquent  taxes,  §  3800. 
Clerk  of  board  of  equalization  to  subscribe  certain,  in 

corrected  assessment  book,  §  3682. 
Of  applicant  for  purchase  of  swamp  land,  §§  3443,  3444, 

3445. 
Of   applicant   to   purchase   school   land,   §§   3495,   3496, 

3500,  3501. 
Of  finder  of  lost  property,  §  3136. 
Petition   for   formation   of   reclamation  district   to   be 

verified  by,  §  3447. 
Registration,  affidavits  used  for,  to  be  preserved,  §  1103. 
To  be  made  to  assessor,  §  1103. 
AFFIRMATION,  oath  includes,  §  17. 
AFFRAYS.     Jurisdiction  o£  police  court,  §  4426. 
AGENCY.     Appointment  of  agent,  fee  for  filing,  §  416. 
AGENT  of  foreign  corporation,  on  whom  process  may  be 

served,  §  616. 
Land,  of  university,  duty  of,  §  3534. 
Person  assessed  as,  how  designated,  §  3639. 
State  locating,   surveyor-general   is,   §   3398. 
AGRICULTURAL  SOCIETY    OF    STATE.     Directors,    law 

governing  appointment  and  holding  of  office,   § 

359. 
Law  governing,  §  2326. 
Number  of  members  composing,  §  343. 
Powers  and   duties,  where  prescribed,  §  705. 
President,  election  and  holding  of  office,  law  govern- 

^    ing,  §  359. 
President  of  board  ex-officio  regent  of  state  university, 

§  353. 
Report,  directors  when  to  make,  §  332. 
Report  of  directors,  how  many  to  be  printed,  §  334. 


ALAMEDA   COUNTY— ANIMALS.  1119 

ALAMEDA    COUNTY,   act   preventing   destruction   of  fish 
in  Lake  Merritt,  preserved,  §  19,  subd.  15. 
Boundaries  and  county  seat  of,  §  3953. 
tiegal    distance    from    county    seat    of   to    Sacramento, 

§  151. 
Salary  of  county  judge,  §  4329. 
.  Salary  of  district  attorney,  §  4330. 
Treasurer,   when   to   make   settlement    with    controller 
and  state  treasurer,  §  3866. 
ALIENS,  military  duty,  how  far  subject  to,  §   1895. 

Not  to  be  deputies  or  clerks,  §  876  n. 
ALLEGIANCE,  definition  of,  §  55. 

May  be  renounced  by  change  of  residence,  §  56. 
ALPINE  COUNTY,  boundaries  and  county  seat,  §  3931. 

Legal    distance    from    county    seat   of    to    Sacramento. 

§  152. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
AMADOR  COUNTY,    boundaries  and  county  seat,  §  3930. 
Declared  a   county  of  third  class,   §  4022. 
Legal    distance    from    county    seat   of   to    Sacramento, 

§  153. 
Salary  of  county  judge,   §   4329. 
Salary  of  district  attorney,   §   4330. 
Treasurer,   when   to    make   settlement    with   controller 
and  state  treasurer,  §  3866. 
AMBASSADORS  exempt  from  immigration  laws,  §  2963. 
AMENDMENTS.     Section  of  act  repealed,  amendment  of 
void,  §  330. 
Statute,  effect  of  amendment  of,  §  325. 
ANALYST.     State,  appointment,  powers  and  duties,  p.  1111, 

Stats. 
ANIMALS.    Acts   concerning   estrays   continued   in   force, 
§  19. 
Act  concerning  marks  and  brands  in  Siskiyou  County 

continued   in  force.   §   19. 
Act  concerning  oysters  continued   in  force,   §   19. 
Act  concerning  trespassing  animals  continued  in  force, 

§  19. 
Act  for  importation  and  protection  of  game  birds,  p. 

1092. 
Act  relating  to  judges  of  the  plains  continued  in  force, 
§  19. 


1120  ANIMALS— ARMS. 

Acts  relating  to  rodeos  continued  in  force,  §  19. 

Act  to  prevent  cruelty  to  animals  continued  in  force, 
§    19. 

Act   to   prevent  destruction   of   fish   and  game  in  and 
near  Lake  Merritt  continued  in  force,  §  19. 

Act  to  prevent  destruction  of  fish  in  Bolinas  Bay  con- 
tinued in  force,  §  19. 

Act  to  prevent  destruction  of  fish  in  Napa  River  con- 
tinued in  force,  §  19. 

Act   to   prevent   destruction   of   fish  in   Sonoma   Creek 
continued  in  force,  §  19. 

Act    to    regulate    salmon    fisheries   in    Humboldt    con- 
tinued in  force,  §  19. 

Fish   commissioners:    See   Fish   Commissioners. 

Game    birds,    act    for    importation    and    protection    of, 
p.  1092. 

Hides   of    slaughtered   cattle   to   be   kept   fifteen  'days, 
§  3185. 
Killing  of  stock  at  large  with  ov/ner,  duty  of  person 
knowing  of,  §  3184. 

License  where  animals  kept  for  propagation,  §  3385. 

Marks  and  brands:    See  Marks  and  Brands. 

Seller  to  counterbrand  or  give  written  descriptive  bill 
of  sale,  §  3182. 

Stockraisers   in    certain   counties,   act   to   protect  con- 
tinued in  force,  §  19. 
APPEALS  from  petition  of  board  of  examiners,  §  671. 
APPOINTMENT  of  officers,  acts  in  relation  to,  preserved, 
§  19. 

Of  officers:   See  Offices  and  OflBcers. 
APPORTIONMENT  of  school  moneys,  where  new  districts 
are  made,  §  1583. 

Of  state  and  county  school  fund,  §§  1858,  1860. 

Of  rolling  stock  of  railroads,  for  assessment  purposes, 
§  3664. 

Of  students  of  university,   §   1394. 
APPROPRIATION,  action  on  claims  for  which  has  been 
made,  §§  600-662. 

Action  on  claims  for  which  has  not  been  made,  §§  663- 
667. 

Appropriation  bill,  approving  in  part  and  rejecting  in 
part,   §   310. 
ARMS:   See  National  Guard,  XXVI. 

Governor  may  issue  to  colleges,  §  380. 

To  be  issued  to  university  cadets,  §  1475. 


ARMY    AND    NAVY— ASSOCIATIONS.  1121 

ARMY  AND  NAVY.     Insane  soldiers    and    sailors,    admis- 
sion  to  asylums,    §   2185a. 
Soldiers,  sailors  and  marines  exempt  from  license  tax, 
§  3366. 
ARREST,  duty  of  pilots  to,  §  2459. 

Escape   or   rescue,   no    action   for  after  return   or  re- 
capture, §  4184. 
Exemption  from  of  persons  on  military  duty,  §  2093. 
Liability  of  sheriff  permitting  escape,  §  4182. 
Of  defaulting  witness,  by  order  of  senate  or  assembly, 

§  303. 
Privilege  of  elector  from,  §  1069. 
Privilege  of  members  of  militia  from,   §  2021. 
Rescue  of  person  arrested,   liability  of  sheriff,   §  4183. 
ARTICLES  OF  INCORPORATION,  fees  of  insurance  com- 
missioner for  filing  §  605. 
Secretary  of  state  to  record,  §  408. 
ARTILLERY:    See  National  Guard, 
ASSAULT  AND   BATTERY.     Jurisdiction  of  police  court, 

§   4426. 
ASSEMBLY:   See  Legislature. 
ASSESSMENT:   See  Taxation,  IIL 
ASSESSOR:   See  Taxation. 
Bond  of.  §   4122. 
City,  §  4371. 
City,  bond  of,  §  4374. 
City,  duties  of,   §  4390. 
City,    manner  of    ascertaining    values  and    collecting 

taxes,   §   4390. 
County  officer,  is,  §  4103. 
Duties  of,   generally,   §   4300. 
Election,  time  of,   §  4109. 
Fee  for  collecting  poll  tax,  §  1857. 
Oaths,  may  administer,  §  4118. 
Powers  and  duties  of:  See  Taxation,  X-1. 
Surety,  cannot  act  as,  §  955. 
Term  of  office,  §  4109. 
ASSIGNEES,  bonds  of  and  who  may  sue  on,  §  982. 
ASSIGNMENT    by    delinquent    purchaser    of    state    land, 
§   3552. 
Of  trademarks,  §  3199. 
ASSOCIATIONS:   See   Investment  Companies. 
Co-operative,  fees  for  filing  articles,  §  416. 
Pol.    Code — 71 


1122  ATTACHMENTS— ATTORNEY-GENERAL. 

ATTACHMENTS,  fact  of  issuing  not  to  be  made  public, 

§   1032. 
ATTORNEY:   See  Special  Counsel. 

Admission  of  and  duties,  where  prescribed,  §  831. 

City,   bond  of.   §  4374. 

City,  duties  of  §  4391. 

What  officers  cannot  practice  law  or  have  law  partner, 
§  4121. 
ATTORNEY-GENERAL,  actions   against  members  of  Na- 
tional   Guard,    to   defend,    §    1922. 

Actions   against   state   treasurer   for  taxes,   to   defend, 
§  3669. 

A  civil  executive  officer,  §  343. 

Actions  for  dissolution  of  reclamation  districts,  §  3493. 

Action  where  state  a  party,  duty  of,  §  470. 

Actions,   acts  allowing  to   settle   and   dismiss   certain, 
p.   1041. 

Assistant,  may  appoint,  §  472. 

Assistant,  member  of  board  of  examiners  in  absence  of, 
§    472. 

Assistant,  salary  of,  §  472. 

Attendance    of     on    proceeding    to    quiet    land     titles, 
§  3413. 

Attending    proceedings    to    quiet     title,    expenses    of, 
§  3413. 

Bond  of,  §  473. 

Clerks  of.  §  475. 

Clerks,   salaries  of  and  how  paid,  §  475. 

Clerks,  three,  appointment  of,  §  475. 

Costs  and  expenses  how  paid,  §  470. 

Deputies,  salaries  of,  §  472. 

Deputies,  salaries  of,  how  paid,  §  472. 

Deputies,  three,  may  appoint,  §  472. 

Election,  mode  of,  prescribed  by  constitution,  §  348. 

Escheais,  powers  and  duties  in  relation  to,  §  474. 

Escheat,    special     counsel,    employment,     powers    and 
compensation  §  474. 

General  duties  of,  enumeration  of,  §  470. 

Governor  may  direct  to  appear  and  employ  extra  coun- 
sel, §  380. 

Governor  may  direct  to  inquire  into  conduct  of  cor- 
porations, §  380. 

Harbor  commissioners,  not  attorney  for,  §  472. 

Harbor  commissioners  of  San  Francisco,  to  advise  and 
assist  without  cost.    §   2553. 

Has  charge  of  legal  matters  for  state,  with  certain  ex- 
'    ceptions,  §  472. 


ATTORNEY-GENERAL— AUCTIONEERS.  1123 

Investment  companies,  duties  in  relation  to:    See  In- 
vestment Companies. 

Military  auditors,  is  member  of  board  of,  §  470. 

Phonographic  reporter,  may  appoint,  §  475. 

Phonographic    reporter,    compensation    and    how    paid, 
§  475. 

Proceedings    by,    where     insurance    company    fails    to 

make  up  assets,  §  601. 
Eeport  to  governor,    duty  to  make,  §  470. 

Report  to  governor,  when  to  make,  §  332. 

Report,  number  of  copies  of,  §  334. 

Sacramento,  to  reside  and  keep  offices  at,  §  852. 

Salary  of,   §   471. 

Salary,  none  as  member  of  board  of  examiners,  §  471. 

San   Diego   harbor    commission,   to  advise  and  assist 
without  charge,   §  2608. 

Special  counsel,   appointing  on  disqualification  of  dis- 
trict attorney,  §  472. 

Special  counsel,  limitation  on  power  to  appoint,  §  472. 

State  university,  not  attorney  for,  §  472. 

State  board  of  examiners,  member  of,  §  364. 

To  conduct  action  against  insurance  companies,  §  601. 

Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
AUCTIONEERS,  bond  of,  §  3285. 

Bond,  who  may  sue  on,  §  3324. 

Business  in  more  than  one  place,  §  3290, 

Classification  and  licenses,   §   3376. 

Commissions,  limitation  on  amount  of,  §  3309. 

Crier,  may  employ,  §  3292. 

How  one  becomes  §  3284. 

License  issued  for  how  long,  §  3289. 

License  not  required  for  sale  of  what  goods,  §  3286. 

License  not  transferable.  §  3290. 

License,   original   application  for,   statement  of  sales, 
§   3287. 

License,   original   application,  how  classified,   §   3287. 

License,   place   of,    more  than  one   place  of  business, 
§§  3290,  3302,  3303. 

License,  renewal,  statement  of  receipts,  §  3288. 

Penalties  how  recoverable,  §§  3323,  3324. 

Place  of  business,  to  designate,  §  3302. 

Report,    neglect   to   make,   or   false   report,    forfeiture, 
§   3322. 

Report  quarterly  to  auditor,  §  3310. 

Sale.-3,  books  of,  §  3306. 

Sales,  false  report  or  failure  to  make  report,  forfeiture, 
§  3322. 


1124  AUCTIONEERS— AUDITOR. 

Sales  in  Sacramento,  to  be  in  day-time  except  in  cer- 
tain  cases,   §   3308. 

Sales  in  San  Francisco,  to  be  in  day-time    except  In 

certain  cases,  §  3308. 
Sales,  notice  of,  in  San  Francisco,  §  3307. 

Sales,  not  to  exceed  amount  for  which  license  issued, 
§  3289. 

Sale  of  livestock,  record  of  to  be  kept,  §  3305. 

Sale  of  livestock,  record  of,  open  to  inspection,  §  3305. 

Sales,  penalties,  how  recoverable,  §§  3323,  3324. 

Sales,  place  of  supervisors  may  designate,  §  3304. 

Sales,   quarterly  report  to  auditor,   §   3310. 

Sales,  to    be  had   at    designated    places  of    business, 
§   3303. 

Sheriff  is  ex-officio  where  there  is  no  auctioneer,  §  3291. 

Substitute,  §  3292. 

Who  may  become,  §  3284. 
AUDITOR.     Accounts  of  persons  owing  money  to  county 
to  be  examined  and  settled,  §  4217. 

Affidavit  by,  where  filed,  §  4116. 

Affidavits   required   of  officer  before   drawing  warrant, 
§  4116. 

Affidavit,  what  requisite  before    allowing  accounts  of 
officers,    §    924. 

Bonds  of.  §  4122. 

Consolidating  offices  of  county  clerk,  auditor  and  re- 
corder,   §   4106. 

Consolidating  offices  of  recorder  and  auditor,  §  4106.    • 

County   clerk   is    ex-officio   auditor  in   what  counties, 
§  4105. 

County  officer,  is.  §  4103. 

Duty  as  to  moneys  required  for  patients  in  home  for 
feeble-minded,  §  2193. 

Duty  where  supervisors  fail  to  levy  school  tax,  §  1819. 

License,  duty  in  relation  to:   See  Licenses. 

Military:   See  National  Guard,  XXXV. 

Oaths,  may  administer,   §  4118. 

Office  hours,   §  4116. 

Office  to  be  kept  at  county  seat,  §  4116. 

Quarterly  statements  concerning  revenue,  §  4223. 

Reside  at  county  seat,  §  4119. 

Statement  to  controller,  penalty  for  failure  to  forward 
to,  §  3694. 

Statement  to  state  board  of  equalization,  penalty  for 
not  forwarding,   §  3694. 

Surety,  cannot  act  as,  §  955. 


AUDITOR— BEACON.  U25 

Taxes,  powers  and  duties  in  relation  to:  See  Taxation, 

X,  §  3. 
Treasurer,  accounts  with,  to  be  kept,  §  4218. 
Treasurer,  boolts  of  to  be  examined,  when,  §  4220. 
Treasurer,   receipts   for   moneys   deposited   with   to   be 

filed,    §   4218. 
Treasurer  to  be  charged  where  receipt  given  auditor, 

§  4218. 
Treasury,    auditor   and    superior   judge    counting   cash 

in  and  making  statements,  §  4221. 
Treasury,  statements  as  to  cash  in,  filing  and  posting, 

§  4222. 
Warrants,  form  of,  §  4219. 

Warrants  to  be  numbered    consecutively    and    regis- 
tered, §  4219. 
Warrants  to  be  drawn  for  what  debts  and  demands, 

§  4215. 
Warrants,  what  to  specify,  §  4216. 
AUDITORS,  MILITARY:    See  National  Guard,  XXXV. 
AUTHORITY,  words  giving  joint,  how  construed,  §  15. 

Joint,  words  giving,  majority  may  act,   §  15. 
AUTOPSIES,  who  to  perform  in  San  Francisco,  §  3025. 

BADGES  for  sheriffs  and  deputies,  §  4192. 

BAILIFF  OF  SUPREME  COURT,  salary,  §  739. 
Appointment,  powers,  and  duties,  §  828. 

BAILMENTS,    unclaimed    property.    §§     3152-3157. 
See  Unclaimed  Property. 

BALLOTS:   See  Elections,  VI. 

BALLOT    BOXES:   See    Elections,    VII. 

BANDS,  MILITARY:   See  National  Guard,  XXV. 

BANKRUPTCY.     Insolvent  act  continued  in  force,  §  19. 

BANKRUPTCY     AND      INSOLVENCY.      Insurance     com- 
panies, when  insolvent,   §  602. 

BANKS  AND  BANKERS.    License  of  bankers,  §  3379. 

BARREL  defined,  §  3217. 

BATTALIONS:   See  National  Guard,  XVII. 

BATTERIES:   See  National  Guard,  XXII. 

BAWDY-HOUSE,    Chinese,    act    for    suppression    of,    pre- 
served,  §   19. 

BEACON,  sites  for  submarine,  §  34. 


1126       BENEVOLENT   SOCIETIES— BOARD   OF  EXAMINERS. 

BENEVOLENT  SOCIETIES,  members  may  wear  swords, 

§   1942. 
BENICIA,  pilots  for:   See  Pilots. 

Pilot   commissioners:    See   Pilot  Commissioners. 
BILLIARD  TABLES,  license  for  keeping,  §  3380,  subd.  1. 
BILLS:   See  Legislature. 

BILLS    AND    NOTES.     Irotest   of   notary   is   prima   facie 
evidence,  §  795. 

BINDING:   See  Schools,  XXI. 
BIRTHS,  fees  for  recording,  §  3078. 

Penalty   for   disobeying  statutory   requirements   as  to, 
§  3082. 

Recorder  to  keep  book  for  recording,  §  4235. 

Recorder  to  keep  index  to  register  of,  §  4236. 

Recorder    to    send     abstract     quarterly    to    registrar, 
§  3078. 

Record  of  in  San  Francisco,  §§  3023,  3024. 

Register,   copy   to   be   filed    quarterly    with    recorder, 
§  3077. 

Register,  duty  of  recorders,  §  3078. 

Register,    printing    and    distributing  blank   forms  of, 
§  3080. 

Register,  what  to  show,  §  3077. 

Registration:   See  Registration. 

Registry  to  be  kept  by  physicians  and  mldwives,  §  3077. 

Report,  parents  to  make  if  no  physician  or  midwife, 
§  3077. 
BLANKS,  certain,  to  be  furnished  assessor,  §  3630. 

Certain,  to  be  prepared  by  surveyor-general,  §  3429. 

Election,  by  whom  furnished,  §  1073. 

Poll  tax  receipts,  §§  3841-3845. 

To  be  furnished  by  insurance  commissioners,  §  615. 
BOARD  OF  EDUCATION:   See  Schools,  IV. 
BOARD     OF     ELECTION     COMMISSIONERS:   See    Elec- 
tions, II. 
BOARD  OF  EQUALIZATION,  state:   See  Taxation. 
BOARD  OF  EXAMINATION:    See  Schools,  VIII. 
BOARD  OF  EXAMINERS,  assistant  attorney-general  mem- 
ber of  in  absence  of  attorney-general,  §  3472. 

Assistant  to  secretary  a  civil  executive  oflScer,  §  684. 

As.sistant   to   secretary,   governor  may   appoint,    §   684. 

Assistant  to  secretary,  salary  of  and  how  paid,  §  684. 

Attorney-general  is  a  member  of,  §  470. 


BOARD   OP  EXAMINERS.  1127 

Chairman  of,  governor  is,  §  654. 

Chairman,  secretary  of  state  is  in  absence  of  governor, 
§   654. 

Claim,  action  on  and  postponement  of,  §  660. 

Claims  allowed  by  military  auditors  exempted  from, 
§  2098. 

Claim,   approval  of,   proceedings  on,   §   661. 

Claim,  controller  not  to  draw  warrant  unless  approved, 
§   672. 

Claim,   dating  and  filing,   §   660. 

Claim,  disapproval  of,  appeal,  proceedings  on,  §  671. 

Claim,  disapproval  of,  appeal  to  legislature,  §  671. 

Claim,  disapproval  of,  preceedings  on,  §  662. 

Claim  in  which  member  of  board  interested,  disquali- 
fication, §  668. 

Claims  not  provided  for,  hearing,  examining  and  re- 
porting on,  §  666. 

Claim  not  provided  for,  listing,  abstracting  and  pub- 
lishing, §  665. 

Claim  not  provided  for,  presentation,  §  664. 

Claims  not  provided  for,  publishing  of,  §§  666,  667. 

Claims  not  provided  for,  report  and  recommendation 
on,  §§  666,  667. 

Claims  not  provided  for,  time  of  action  on,  §  665. 

Claim,  presentation  of,  §  660. 

Claim   rejected   not  to   be   considered,   §   670. 

Claims  to  be  entered  on  minutes,  §  656. 

Claim  upon  contingent  funds  of  legislature,  §  673. 

Claim  where  no  appropriation  or  appropriation  ex- 
hausted, §  663. 

Clerks  for  secretary  are  civil  executive  officers,  §   685. 

Clerks  for  secretary,  may  appoint  four,  §  685. 

Clerks,  salaries  and  how  payable,  §  685. 

Consists  of  whom,   §   364. 

Controller  must  permit  examination  of  books  and 
papers,   §    678. 

Depositions,  members  may  take,   §  659. 

Disqualification  of  member  for  interest,  §  668. 

Disqualification  of  member,  state  treasurer  to  act, 
§   669. 

Dissent  of  member  may  be  entered  on  record,  §  656. 

Duties,  act  prescribing  certain,  p.  1103. 

Examining  books  and  accounts  of  controller  and  treas- 
urer, §  675. 

Geologist,  state,  accounts  of  to  be  audited  by,  §  553. 


1128  BOARD   OF    EXAMINERS— BONDS. 

Investment  of  funds  from  sale  of  school  lands,  §  680. 
Investments,   bonds,    deposit   with   and   duty  of   treas- 
urer, §  682. 
Meetings,  when  and  where  held,  §  655. 
Members   of   are    members    of    state    commission    in 

lunacy,  §  2136. 
National   Guard,   claims   in   favor  of,   exempt   from,    § 

2085. 
Notice   to   be  given   to  when   bonds  ready  to  be  sold, 

§  681. 
Old  furniture  and  materials,  may  sell,  p.   1041,  stats. 
Preventing  payment  of  controller's  warrants,  §  674. 
Printing  expert,  appointment,  duties  and  salary,  §  679. 
Record  of  proceedings,  to  keep,  §  656. 
Rules  and  regulations,  power  to  adopt,  §  657. 
Sale  of  bonds  by  treasurer,  may  purchase  at,  §  683. 
Secretary,  assistant  to,  salary  of,  §  684. 
Secretary,  clerk  for,  may  appoint,  §  685. 
Secretary,  clerk  for,  salary  of  and  how  payable,  §  685. 
Secretary,  governor  may  appoint  assistant  to,  §  684. 
Secretary,  governor  to  appoint,  §  654. 
Secretary  holds  at  pleasure  of  governor,  §  654. 
Secretary  is  ex-oflBcio  member,  §  364. 
Secretary,  when  to  act  as  member  of,  §  364. 
Secretary,  powers  and  duties  of,  §  654. 
Secretary,  salary  of,  §  654. 
State  printer  to  certify  claims,  §  526. 
Subpoenas,  chairman  may  issue,  §  658. 
Supplies    for    officers    and    legislators,    to    provide,    p. 

1041,   Stats. 
Treasurer    must    permit    examination   of    books    and 

papers,  §  678. 
Treasury,  afiidavit  as  to  money  in,  publishing,  §  677. 
Treasury,  time  and  manner  of  counting  money  in,  §  676. 
Who  constitute,   §  364. 
Witnesses,  allowances  to,  §  658. 

Witnesses,  chairman  may  cause  attendance  of,   §   658. 
BOARD  OF  HEALTH:   See  Health. 
BOARD  OF  MILITARY  AUDITORS:   See  National  Guard, 

XXXV. 
BOLINAS    BAY.     Act    to    prevent    destruction    of    fish    In 

Bolinas  Bay  continued  in  force.  §  19. 
BONDS:   See  Investment  Companies. 
Adjutant  general,  §  1924. 
Amount,  supervisors  fix  where  not  fixed  by  law,  §  4123. 


BONDS.  112U 

Certified  copies  of,  fees  for,  §  957. 

County:  See  Supervisors. 

Certified  copies  of,  giving  of,   §  957. 

Custody  of,  duty  of  officer  who  has,  §  957. 

Dissection,  bond  before  surrendering  body  for,  §  3095. 

Investments  in  by  board  of  examiners.  §§  681,  682. 

Military  property,  to  secure:   See  National  Guard,  IX. 

Officers,   premium,   payment   by   county,   city   or   state, 

p.  1041,  Stats. 
Official,   fees  for  receiving  and  recording,   §  416. 
Official,  secretary  of  state,  duty  in  regard  to,  §  408. 
School:   See  Schools,  XXVI. 

State,  acts  for  issuing  of,  continued  in  force,  §  19. 
State,   sale   of,   board   to   examiners   may  purchase   at, 

§  683. 
Notice  to  be  given   to   board  of  examiners  and   state 

treasurer  when  ready  to  be  sold,  §  681. 

Form  of;  conditions. 

Condition  of,  §  954. 

Form,  defects  in,  effect  of,  §  963. 

Form  of,  §  958. 

Forms  of  bonds  of  trustees,  assignees,  receivers,  etc., 
§  982. 

Harbor  commission,  bonds  of  officers  to  run  to  people 
of  state,  §  2546, 

Harbor  commission  of  San  Diego,  of  officers  and  em- 
ployees to  run  to  people,  §  2599. 

Signing,  filing   and    recording. 

Filed,  bond  not  to  be  until  approval,  §  953. 

Filing  and  recording  of  bonds  of  deaf,  dumb  and  blind 
asylum,  §  2244. 

Filed,  bond  not  to  be  filed  until  approval,  §  953. 

Filing,  county  clerk,  bond  to  be  filed  with  county  treas- 
urer, §  986. 

Filing,  defects  in,  effect  of,  §  963. 

Filing  of  bonds  of  county  officers,  §  950. 

Filing  of  bonds  of  state  officers,   §  948. 

Filing  of  bonds  of  township  officers,  §  950. 

Filing,  refusal  or  neglect  to  file,  office  becomes  vacant, 
§  996. 

Filing,  secretary  of  state,  to  be  filed  with  treasurer, 
§  949. 

Filing,  time  of,  §  947. 

Recording  of  bonds  of  state  officers,  §  948. 


30  BONDS. 

Recording  of  bonds  of  township  officers,  §  950. 
Recording  of  official  bonds  in  official  record,  §  951. 
Signed,  to  be,  by  principal  and  two  sureties,  §  954. 

Approval   of. 

Bonds   of   county   officers  to   be  approved  by   superior 

judge,  §  950. 
Bonds   of   state   officers   to   be   approved   by   governor, 

§  948. 
Bonds  of  township  officers  to  be  approved  by  superior 

judge,  §  950. 
Bonds  of  officers  of  deaf,   dumb  and  blind  asylum,   § 

2244. 
Defects  in  approval,  effect  of,  §  963. 
To  be  indorsed  on  and  signed,  §  952. 

New,  additional  and  supplemental. 

Additional,  §  4374. 

Additional,  does  not  discharge  or  affect  original,  §§ 
966,  967. 

Additional,  effect  of  and  liabilities  under,  §  965. 

Additional,  failure  to  give,  vacation  of  office,  §  964. 

Additional,  filing,  approval,  etc.,  §  965. 

Additional,  form  of,  §  965. 

Additional  security  on  insufficiency  of  sureties,  §  964. 

Additional,  separate  judgments,  but  one  satisfaction, 
§  968. 

Additional,  separate  judgments  on  bonds,  separate  ex- 
ecutions may  issue,  §  968. 

New,  effect  on  sureties  of  old  bond,  §  970. 

New,  liability  of  sureties  on,  §  970. 

New,  office  declared  vacant  unless  given  when  sureties 
released,  §  975. 

New,  publication  of  filing  of,  §  979. 

New,  to  be  filed  where  surety  released,  §  975. 

Supplemental  bond,  on  withdrawal,  release  or  dis- 
charge of  surety,  §  978. 

Supplemental,   execution  and   approval  of,   §   976. 

Supplemental,  insufficiency  of  surety,  §§  976,  978. 

Supplemental,  publication  of  filing  of,  §  979. 

Supplemental,  when  may  be  given,  §  976. 

Supplemental,  when  not  required  on  withdrawal,  re- 
lease or  discharge  of  surety,  §  979. 

Sureties    on. 

Release,  discharge  or  withdrawal  or,  supplemental 
bond,  §§  976,  978. 


BONDS.  1131 

Release   of,   how  accomplished,    §§   972-974. 

Release    of,    office    declared    vacant    unless    new    bond 

filed,  §  975. 
Sureties  on:   See  Suretyship. 

Breach  of;  actions  on. 

Actions,  judgment  in  no  bar  to  subsequent  suits,  §  962. 

Actions  lie  on  both  original  and  additional  bonds,  §  967. 

Actions  on,  certifying  notice  of  to  recorders,  §  983. 

Actions  on,  judgment  a  lien  on  realty,  §  984. 

Action  on,  jurisdiction  of  police  court  over,  §  4427. 

Action  on,  lien  of,  enforcement  of  contract  to  sell  land 
affected  by.  §  987. 

Actions  on,  record  of  notice  of  action,  §  984. 

Actions  on,  separate  judgments,  but  one  satisfaction, 
§  968. 

Actions  on,  separate  judgments,  separate  executions 
may  issue,  §  968. 

Actions  on,  who  may  sue  on,  §  961. 

Actions  on,  who  may  sue  on  bonds  of  assignees,  trus- 
tees, receivers,  etc.,  §  982. 

Actions,  successive  may  be  brought  on,  §  962. 

Breaches  of,   what  constitute,   §§   959,   960. 

Civil  penalty  for  non-performance  of  duty  attaches  to 
bond,  §  4117. 

Obligations  as  to  duties  required  by  new  statutes,  § 
960. 

Who  may  sue  on,  §  961. 

Who  may  sue  on  bonds  of  assignees,  trustees,  receiv- 
ers, etc.,  §  982. 

Refunding    bonds. 

Bond  fund,  §  4050. 

Custody,  disposal  and  account,  §  4049. 
Duty  of  supervisors  and   treasurers,   §   4049. 
Form  of,  §  4048. 
Redemption  of,  §  4051. 

Refunding  city  indebtedness:    See  Public  Debt. 
Tax  levy  to  meet,  §  4050. 

Tax  to  pay  bonds  to  refund  county  indebtedness,  pro- 
ceedings on  failure  to  levy,  §  4052. 

Particular  officers,   persons  or  companies. 

Actions  on:   See  Actions  on,  ante. 
Adjutant-general,  §  2116. 
Assessor,  §  4122. 
Assessor,  city,  §  4374. 


U32  BONDS. 

Assignees,  bonds  of,  form  of,  and  who  may  sue  on, 

§  982. 
Attorney-general,  §  473. 
Auctioneers,  §  3285. 
Auctioneers,  who  may  sue  on,  §  3324. 
Auditors,  §  4122. 
Breach  of  and  actions  on:  See  ante.  Breach  of;  Actions 

on. 
City   attorney,   §   4374. 
City  clerk,  §  4374. 
City  officers,  §  4374. 
Clerk,  bond  may  be  required  of,  §  985. 
Clerk  of  supreme  court,  §  757. 
Claimant  of  wrecked  property,  §§  2409,  2410. 
Contractor   for   publication   of   supreme   court   reports. 

§  780. 
Contractor  for  road  work,  §  2768. 
Controller,  §  442. 
Coroners,  §  4122. 
County  clerks,   §  4122. 
Deaf,    dumb    and    blind    asylum,    approval,    filing   and 

recording  of  bonds  of  officers,  §  2244. 
Deputy,  bond  may  be  required  of,  §  985. 
District  attorneys,   §  4122. 

Executors  and  administrators,  bonds  of,  provisions  re- 
lating to,  §  981. 
Ferry  company,  §§  2845,  2849,  2850. 
Fire  department,  bond  of,  secretary  of,  §  3340. 
Foreign  insurance  companies,  §  623. 
Foreign  insurance  company,  separate  bonds    for   each 

company  represented,   §  624. 
Form  of:   See  ante.  Form  of. 

Guardians,  bonds  of,  provisions  relating  to,  §  981. 
Harbor  commissioners,  §  2521. 
Harbor   commissioners,   bonds   of   officers   of,    §§   2522, 

2577. 
Harbor  commissioners  of  San  Diego,  §  2576. 
Health  officer  of  San  Francisco,  §  3030. 
Immigration  commissioner,  bonds  to,  to  protect  state, 

§§  2954,   2956,  2957,  2958,  2960,  2964,  2965. 
Immigration  commissioner  in  San  Francisco,  §  2968. 
Inspector  of  gas  meters,  of,  584. 
Insurance  commissioner,   §   632. 
Marshal,   §   4374. 
Notaries,  §  799. 
Officers  in  National  Guard,  §§  1965,  1966. 


BONDS— BOUNDARIES.  1133 

Petition    to    lay     out,    alter    or    discontinue    highway, 

bond  on,  §  2683. 
Pilots  of,  §  2431. 
Principal    teacher    in     deaf,    dumb    and    blind   asylum, 

§  2270. 
Public  administrator,  §  4122. 
Receivers,   bonds  of,   form  of  and    who   may  sue  on, 

§   982. 
Receivers,  bonds  of,  provisions  relating  to,  §  981. 
Recorders,  §  4122. 
Register  of  land  office,  §  502. 
School  superintendent,  §  4122. 
Secretary  of  State,   §  423. 
Sheriffs,   §   4122. 
State  librarian,   §   2304. 
State  printer,  §  530. 

Superintendent  of  public  instruction,  §  517. 
Supervisors,   §   4122. 
Surveyor,    §   4122, 
Surveyor-general,  of,   §   487. 
Tax  collector,  city,  §  4374. 
Tax  collector,   county,   §  4122. 
Toll  bridge  company,   §§  2845,  2849,  2850. 
Treasurer,  city,  §  4374. 
Treasurer,   county,    §    4122. 
Treasurer,  state,  §  459. 

Treasurer  of  deaf,   dumb  and  blind  asylum,   §  2282. 
Trustees,    bonds   of,    form   of   and    who    may    sue   on, 

§  982. 
Vacancy,  bond  of  officer  appointed  to  fill,  §  971. 
BOOKS.     Officers:   See  Offices   and   Officers. 
Of  particular  officers:  See  Particular  Officer. 
School:   See  Schools. 
Supervisors:  See  Supervisors. 
Text:  See  Schools,  XIX. 

BOOTHS:   See  Elections,  VIII,  §  5. 
BOUNDARIES.     "Along,"  §§  3905,  3906. 

"By,"   §§  3905,  3906. 
•    Cities,  boundaries,  how  changed,  §  4357. 

County:  See   Counties. 

"Down,"  §  3906. 

East,  §  3903. 

Easterly,   §  3903. 

"From,"    §    3907. 

"In,"    §    3907. 


U34  BOUNDARIES— BRIDGES. 

Mouth  of  creek  defined,  §  3908. 
North,  §  3903. 
Northerly,    §    3903. 
"On,"  §  3905. 
South,  §  3903. 
Southerly,  §  3903. 
"To,"   §§   3905,   3906,   3907. 
"Up,"  §  3906. 
West,  §  3903. 
Westerly,   §   3903. 
"With,"  §§  3905,  3906, 
BRANDS:   See  Marks  and  Brands. 

BREACHES    OF    THE    PEACE.      Jurisdiction    of    police 

court,    §   4426. 
BRIBE.     Member  of  school  board,  bribery  of,  §  1879. 
BRIDGE.     Complaints   and   reports,   meetings  for  hearing, 
§   2716. 

Construction  and  maintenance,  expenses  of,  how  paid, 
§  2711. 

Construction    and    repair    of,    advertisements,    notices, 
proposals  and  bids,  §  2713. 

Construction  and  repair  generally,  of,  §  2713. 

Construction   and   repair   of,    crossing    district    lines, 
§  2714. 

Construction  and  repair,  contracts  and  bonds,  §  2713. 

Construction    and   repair,    failure   of   overseers   to  .re- 
pair after  notice,  proceedings  on,  §  2715. 

Construction  and  repair,  failure  of  overseer  of  adjoin- 
ing district  to  repair  on  notice,  §  2714. 

Construction  and   repair  of,   where   cost  exceeds  $200, 
§  2713. 

Construction   and   repair  of  between  cities  and  towns 
and  road  districts,  §  2714. 

Construction  of  between  counties,  §  2713. 

Ditches  across  highways,  bridging  of,  §  2737. 

Ditches,     supervisors    may     construct     public    bridges 
across,   §  2737. 

Expenses  of  payable  out  of  county  general  fund,  when, 
§  2712. 

Expenses  of  payable  out  of  general  road  fund,  when, 
§  2712. 

License  for  ferry  connecting  two  counties,  §  2851. 

Maintained,  by  whom,  §  2711. 

Maintained,  how,   §  2711. 

Management  and  control  of,  who  has,  §  2711. 


BRIDGES— CALENDAR.  U35 

Meetings,  annual,  for  hearing  complaints  and  reports, 
§  2716. 

Notice  against  fast  driving  on,  §  2711. 

Supervisors'    discretionary    power   as   to   payment   for, 
§   2712. 

Tolls,  license  to  take,  §  3378. 

Toll  road,  manner  of  constructing  bridges  by,  §  2791. 

Toll  road,  power  of  to  construct,  §  2791. 

Willful  injury  to,  a  misdemeanor,  §  2737. 
BRIGADES:   See  National  Guard.  XVII. 
BRIGADIER-GENERALS:   See    National    Guard,    XII. 
BROKERS.  License,    §   3379. 

BUBONIC  PLAGUE.     Duty  of  health  officers  in  relation  to 

to,   §  2979a. 
BUILDINGS,  PUBLIC:   See  Public  Buildings. 
BURIAL:   See  Cemeteries. 

Disinterment  or  removal,  permit  necessary,  §  3027. 

Permit  to  bury,  certificate  for,  §  3084. 

San  Francisco,   dead   bodies,  duty  of  health  officer  as 
to  interments,  §  3025. 

San  Francisco,  disinterment,  permit  necessary,  §  3025. 

San  Francisco,  permit  necessary,   §  3025. 

San  Francisco,  record  of  burials  in,  §  3023. 

San  Francisco,  return  of  names  of  persons  buried  in, 
§  3027. 

State  burying  grounds:   See  State  Burying  Grounds. 
BUTTE  COUNTY.     Boundaries  and  county  seat,  §  3922. 

Fees  of  district  attorney  in,  p.  1043,  Stats. 

Legal   distances   from   county   seat   of  to   Sacramento, 
§  154. 

Salary  of  county  judge  of,  §  4329. 

Salary  of  district  attorney  of,  §  4330. 
BY-LAWS.     Reclamation  district,  of,  §  3452. 

Subsequent  purchaser  governed  by  such,  §  3469. 

CADET  COMPANIES:   See  National  Guard,  XIX. 
CALAVERAS     COUNTY.     Boundaries    and     county     seat, 
§   3936. 
Legal   distance   from    county    Seat   of   to    Sacramento, 

§  155. 
Salary  of  county  judge  of.  §  4329. 
Salary  of  district  attorney  of,  §  4330. 
CALENDAR.     Time  is  computed  according  to  what,  §  3255. 


1136  CAX-IFORNIA    HOME,    ETC.— CEMETERIES. 

CALIFORNIA      HOME     FOR     FEEBLE     MINDED     CHIL- 
DREN:  See  Home  for  Feeble  Minded  Children. 

CALIFORNIA     INSTITUTION      FOR     THE     DEAF      AND 
BLIND:    See  Deaf,  Dumb  and  Blind  Asylum. 

CANCELLATION.     Action   to    compel    cancellation   of   en- 
tries on  great  register,  §  1109. 
Names  in  great  register,  §§  1105,  llo6. 
CANDIDATES:   See  Elections,  XVI. 
CANVASS:   See  Elections,  IX. 

CAPITOL.     Commissioners,   powers  and   duties  of,   where 

prescribed,   §  697. 
Commissioners   of,   state   board  of,   of  whom  consists, 

§  366. 
Executive  secretary  of  governor  ex-officio  secretary  of 

commissioners,  §  386. 
Porter  of  building,  salary  of,  §  420. 
Seat  of  government  is  at  Sacramento,  §  145. 
Secretary   of  state   is   superintendent   and   has   charge 

of,  §  412. 
Special    police,    appointment,     powers     and     salaries, 

§  425. 
Treasurer  is  commissioner  of   state,    §   452. 
Watchmen  have  power  of  peace  officers,   §  421. 

CARQUINEZ    STRAIT,    toll    bridge    not    permitted    over, 
§   2872. 

CARRIERS.     Unclaimed  property,  §§  3152-3157. 
See   Unclaimed   Property. 

CASUALTY  INSURANCE  COMPANIES,  insolvent  when,  § 
602. 

Liabilities,  what  charged  as,  §  612a. 

Reserve,  §  612a. 
CAVALRY:   See  National  Guard. 
CEMETERIES.    Burial:   See  Burials. 

City  cemetery  in  San   Francisco,   §   3035. 

Disinterment  or  removal,  permit  necessary,   §  3027. 

Incorporated  towns  may  lay  out,  §  3107. 

Inhabitants  may  purchase  or  receive  as  gift  lands  for, 
§  3108. 

Jurisdiction   and   control   over,   supervisors   may   exer- 
cise, §  3110. 

Lands  dedicated  to  burial  purposes  to  be  used  for  no 
other  purposes,  §  3108. 


CEMETERIES— CHILDREN.  1137 

Lands  not  exceeding  five  acres  may  be  purchased   or 
received  as,   §   3108. 

(Public,   management  of,   §   3109. 

Public,  under  whose  control,  §  3109. 

Register   of   deaths  and   burials,   keeping  of,    §    3111. 

Returns  of  names  of    persons    interred    or    deposited 
in,  §  3028. 

Sacramento,  regulation  of  cemeteries  in,  §  3046. 

State  .burying  ground:    See   State  Burying  Ground. 

Superintendents  of,  to  report  interments,   §   3026. 

Survey,   description   and   order   constituting   to   be   re- 
corded, §  3107. 

Title  to  grounds,  §§  3105,  3108. 

Unincorporated  towns,  supervisors  of  county  may  lay 
out,  §  3107. 

What  constitutes,  §  3106. 
CENSUS-MARSHALS:    See  Schools,  VII. 

CERTIFICATE,  certain,  to  be  filed  in  ofiice  of  insurance 

commissioner,   §§   607,  608. 
Of  completion  of  toll  road,  §  2797. 
Of  election:     See  Elections,  XI. 
Of  election  to  legislature,  evidence  of  what,  §  236. 
Of  exempt  firemen,  by  and  to  whom  issued,  §§  3338, 

3339. 
Of  filing  oath  of  notary  public,  §  800. 
Of  insanity,  how  made,  §  2216. 
Of  proficiency  to  university  students,   §   x-iOl. 
Of  physicians,  on  examination  of  insane,  §  2215. 
Of  purchase:    See  Public  Lands,  V. 
Of  sale  of  property  for  taxes,  §  3776. 
Of  sale    for  taxes  to  be  signed  and  recorded,  §  3777. 
Of  school  teachers:     See  Schools,  X. 
Of  secretary   of    state,    where    bill    becomes    law    by 

lapse  of  time,   §  313. 
Of  survey  by  port-wardens,  §  2510. 
On  vetoea  legislative  bill  passed,  §  311. 

CHAIN,  defined,  §  3212. 

CHALLENGES:   See  Elections,  VIII,  §  8. 

CHARITIES  exhibition,  license  not  required,  §  3386. 

CHARTERS  of  municipal  corporations  preserved,   §   19. 
Election  for,  p.  1043,  Stats. 

CHILDREN,  feeble  minded:   See  Home  for  Feeble-Minded 
Children. 

Pol.    Code — 72 


1138  CHINESE-CLERK. 

CHINESE:    See  111  Fame. 

Act   for   suppression   of   Chinese   houses   of    ill     fame 
continued  in  force,  §  19. 

'Military  duty,  not  subject  to,   §  1895. 

Products    of    Chinese   labor   not   to   be    purchased    for 
public  buildings,   §   3235. 

Separate   schools   for,    §   1662. 

"Voters,   cannot  be,   §  xj84. 
CHURCHES.     Exhibition,  license  not  required,  §  3386. 

Taxation,  exemption  of  church  property  from,   §  3611. 
CHUTES:   See  Wharves,  Chutes  and  Piers. 
CIRCUS,  license,  §  3380. 
CITIES:   See  Municipal  Corporations. 

Treasury  of:    See  Treasurer  of  City. 
CITIZEN.     Allegiance,  definition  of,  §  55. 

Allegiance  may  be  renounced  by  change  of  residence, 
§  56. 

Oflfice   becomes   vacant   when   incumbent   ceases   to   be 
of  state,  §  996. 

Officers  must  be  citizens,  §  841. 

Of  other  states,  rights  and  duties,-  §  60. 

People  consist  of,  §  50. 

Persons  who  are  not,  of  whom  composed,  §  57. 

Staff  officers  to  be  citizens  of  state,  §  1919. 

Who  are,  §  51. 
CITY  AND  COUNTY  ATTORNEY,  assistants  to  in  certain 

cities  and  counties,  p.  1042,  Stats. 
CITY  ATTORNEY,  bond  of,  §  4374. 

Duties  of,  §  4391. 
CITY  CLERK,  bond  of,  §  4374. 

Common  council  to  choose,  §  4405. 

Duties  of,  §  4393. 
CITY  OFFICERS:   See  Offices  and  Officers. 
CITY  SUPERINTENDENT  of  schools:   See  Schools,  III. 
CLAIMS:   See    Board     of     Examiners;     National     Guard, 
XXXV. 

Particular  claims:    See  Particular  Title. 

To  land,  taxation  of:  See  Offices  and  Officers. 
CLASSIFICATION   of  officers:   See  Offices  and  Officers. 
CLERK:   See  Offices  and  Officers. 

City:   See  City  Clerk. 


CLERK— CODES.  113S 

County:    See  County  Clerk. 

Of  supreme  court:   See  Clerk  of  Supreme  Court. 
Holds  at  pleasure  unless  otherwise  provided,  §  371. 
Particular  clerk:    See  Particular  Title. 
Taxation,  powers  and  duties  in  relation  to:    See  Taxa- 
tion, X-6. 

CLERK  OF  COUNTY:    See  County  Clerk. 
CLERK   OF  SUPREME  COURT,  bond  of,   §  757. 

Chief  deputy,  appointment  and  duties,  §  751. 

Deputies,  appointment  and  number,  §  751. 

Duties  of,  §  750. 

Election,  time  of,  §  749. 

Fees  of,  §  752. 

Fees  of,  account  to  be  rendered  monthly,  §  754. 

Fees  of,  how  disposed  of,  §  753. 

Fees,  responsibility  for,  §  754. 

Fees,  salary  withheld  until  account  settled,  §  754. 

Fees,  settlements  for,  when  and  how  made,  §  754. 

Salary  of,  §  755. 

Salary  of  chief  deputy,  §  756. 

Salary  of  deputies,  §  756. 

Saci'amento,  to  reside  and  keep  offices  at,  §  852. 

Stenographer,  may  employ,  §  l^V/z- 

Stenographer,  salary  of,  §  7511^. 

Term  o.  office,  §  749. 

Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
COACH ESj  hackney,  regulations  concerning,  §  2937. 
CODES.     Actions,  certain,  not  affected  by,  §  8. 

Acts  relating  to  fees  and  salaries   continued  in  force, 
§  4331. 

Construction,   conflict  between  articles,   which  to  pre- 
vail, §  4483. 

Construction,   conflict   between   provisions   of   chapters 
of  same  title,  which  to  prevail,  §  4482. 

Construction,    conflict    between  provisions  of  different 
titles,  which  to  prevail,  §  4481. 

Costruction,   conflicting   provisions  of   same   article  or 
chapter,  which  to  prevail,  §  4484. 

Construction  of  with  relation  to  each  other,  §  4480. 

Consti'uction  with  relation    to    laws    passed    at    same 
session,  §§  4478,  4479. 

Construction  where  derogating  from  common  law,  §  4. 


IHO  CODES— COLORS. 

Construed  as  continuations  of  existing  statutes,  when, 

§  5. 
Construed  as  if  passed  on  first  day  of  session,  §  4478. 
Construed  liberally,  §  4. 
Division  of,  §  2. 
Effect  of  on  offices,  §§  6,  7. 
Effect  of  on  statutes  relating  to  taxation:  See  Taxation, 

II. 
Establishes  law  respecting  subjects  to  which  it  relates, 

§  4. 
How  designated  or  cited,  §  20. 
Laws  passed  at  same  session  prevail  over,  §  4479. 
Limitations,  effect  of  code,  §  9. 
Not  rertoactive,  §  3. 
Offices,  certain,  abolished  by,  §  7. 
Offices,  certain,  not  affected,  §  6. 
Political  Code,  act  establishing,  §  1. 
Publication  of,  manner  of,  §  4494. 
Repeal,  express  repeal  of  statutes  to  be  provided  for 

in  separate  statute,   §   4505. 
Repeal   of   repealed   statute   not   to   imply   they   were 

in  force,  §  4504. 
Repeal,  statute  providing  for  repeal  in  prior  statutes, 

effect  of,  §  4505. 
Rights  accrued  not  affected  by,  §§8,  18. 
Statutes  continued  in  force,  enumeration  of,   §  19. 
Statutes,  effect  of  code  on,  §  18. 
Statutes,  existing,  effect  of  code  on,  §  5. 
Statute,  private,  does  not  affect,  §  18. 
Statutes,  repeal  by  code  does  not  remove  former  law, 

§  18. 
Title   of,   §   1. 
When  takes  effect  with  respect  to  acts  passed  at  same 

session,    §    3891. 
When  took  effect.  §  2. 

CODICIL,  will  includes,  §  17. 

COLLECTION,  taxation,  of:   See  Taxation,  IX. 

COLLEGES:   See  University  of  California. 

Arms  and  accoutrements  for,  governor  may  issue  for, 
§  380. 
Distribution  of  state  reports  to,  §  2295. 

COLORS,  military:   See  National  Guard,  XXVII. 


COLUSA    COUNTY— COMMON    COUNCIL.  U41 

COLUSA  COUNTY,  boundaries  and  county  seat,  §  3916. 
Legal   distance  from  county    seat    of    to    Sacramento. 

§  156. 
Salary  of  county  judge  of,  §  4329. 
Salary  of  district  attorney  of,  §  4330. 

COMMANDER-IN-CHIEF:   See    National    Guard,    X. 

COMMISSARY-GENERAL:   See   National   Guard,  XIIL 

COMMISSION,  fees,  for,   §   416. 

Form  of,  issued  by  governor,  §  892. 
Of  deputies,   assistants,   etc.,    §   894. 
Governor  commissions  what  officers,  §  891. 
Other  than  those  issued  by  governor,  §  893. 
To  be  issued  by  governor,  §  1291. 
To   military  officers,    §§    2061-2063. 

COMMISSIONER  OF  DEEDS,  appointment  of,  §  811, 

Copy  of  article  governing  to  be  transmitted  to,  §  817. 

Effect  of  acts  done  by,  §  813. 

Fees  of,  §  815. 

General  powers  of,  §  812. 

Names  of,  publication  of,  §  816. 

Oaths,  when  to  be  ffled,  §  814. 

Term  of  office,  §  811. 

COMMISSIONERS.     Election:    See  Elections,  II. 
Particular:  See  Particular  Office. 

COMMISSION    MERCHANT   making    advances    may    sell 
property  when.   §  3156. 
Unclaimed  property,   §   3153. 

COMMISSIONS:      See     Elections,     XI.      Of     officers:     See 
Offices  and  Officers. 
Voting  machine,   commissions  on,   p.   1068,   Stats. 

COMMITMENT   to  insane   asylums:    See  Insane   Asylums, 
XII. 

COMMITTEES:   See   Legislature. 

COMMON    CARRIER.     Driver,    intoxicated,     duty     to     dis- 
charge,  §   2933. 
Driver,  negligence  of,  liability  of  owner  for,  §  2936. 
Driver   to    fasten   horses   while    standing,    §   2934. 
Unclaimed  property,  §  3153. 

COMMON    COUNCIL.     Act   establishing  to   fix  number  to 
be  elected  first  year,  §  4366. 

37 


1142  COMMON    COUNCIL—CONGRESS. 

Authority  to  lay  gas  and  water  mains,  granting, 
§§  4410,  4411,  4413, 

City  indebtedness,  refunding  of:  See  Public  Debt. 

Clerk,  to  choose,  §  4405. 

Contracts  for  gas  and  water,  §  4412. 

Elective  officers  of  city,  §  4370, 

Judge  of  qualifications,  election  and  returns  of  mem- 
bers and  officers,  §  4407. 

Legislative  powers  of  city  vested  in,  §  4355. 

Limitation  upon  amount  of  taxes  that  may  be  levied, 
§  4371. 

Mayor  is  president  of,  §§  4388,  4403. 

Meetings  of,  §  4405. 

Meetings,  attendance  at,  how  enforced,  §  4406. 

Meetings,  minority  may  adjourn  from  day  to  day, 
§    4406. 

Meetings,  quorum,  §  4406. 

Number   of,   §§   4370,   4403, 

One  member  from  each  ward,  §  4403. 

Organization  of  after  election,  §  4405. 

Powers  and  duties  of,  enumerated,  §§  4407,  4412. 

Qualifications,   §  4370. 

Qualify,   how,    §   4370, 

Street  improvements,  making  of,   §  4409. 

Term  of  office,  §  4370. 

To  provide  for  election,  appointment  and  terms  of 
officers,  §  4369. 

Wards,  may  change,  §  4404, 

Wards,  may  divide  city  into,  §  4404, 

Wards,  members  to  be  elected  from,  §  4404. 

COMMON     LAW,    code    derogating    from    liberally    con- 
strued,  §   4. 

Effect  of  statute  relating  to  insane  asylums  on,  §  2198. 

Rule  of  decision,  §  4468. 

COMPANIES:   See   National   Guard,   XVIII,   XIX. 

COMPENSATION:   See  Salaries. 

COMPLAINT   by   employee  of    street    car    working    over 
twelve  hours,  form  of,   §  3248. 

CONDITION.     Bonds,  condition  of,  §  954. 

CONGRESS,  election  of  representatives  in:   See  Elections. 
Contest  of  election,   preservation,   production   and   In- 
spection of  ballots,  §  1265. 


CONSOLIDATION— CONTRACTS.  11« 

CONSOLIDATION    of   cities,    acts    concerning,    preserved, 
§  19. 
Of  offices:  See   Offices  and  Officers. 

CONSTABLES  are  township  officers,  §  4104. 

Act  legalizing  acts  of  between  certain  dates,  p.  1042. 
Compensation  and  expenses  of,  what  a  county  charge, 

§  4344. 
Fire,    authority   to    order   out   persons   to     extinguish, 

§   3345. 
Governed  by  what  law,  §  4315. 
Law,  cannot  have  partner  practicing,  §  4121. 
Law,  cannot  practice,  §  4121. 
To  attend  justices'  courts,  §  4314. 

CONSTITUTION.     Amendments,    how    printed    on    ballot, 

§  1197. 
Amendments,  printing  and  distributing  constitutional, 

§  1195. 
Enrolled  copy  of,   Secretary  of    State  has  custody  of, 

§  407. 

CONSTRUCTION.     Definitions:   See  Definition. 
Codes:  See  Codes. 
Statutes,  construction  of,  §  326. 
Words  and   phrases:   See  Words  and   Phrases. 

CONSULS   exempt  from  immigration  laws,   §   2963. 

CONTEMPT.     Legislature    may    punish    witness    disobey- 
ing subpoena,  §  302. 
Supervisors  may  punish  for,  §  4047. 

CONTEST  of  election:   See  Elections,  XIIL 
Land:  See  Public  Lands,  VIL 

Of  office,  clerk  to  certify  pendency  of  action  to  treas- 
urer, §  937. 
Salary  of  officer  where  office  contested,  §§  936,  937. 

CONTRA  COSTA  COUNTY,  boundaries  and  county  seat 

§  3954. 
Legal    distance   from    county    seat   of   to    Sacramento, 

§  157. 
Salary  of  county  judge  of,  §  4329. 
Salary  of  district  attorney,  §  4330. 

CONTRACTS  by  supervisors  to  be  made  to  lowest  -bidder 
§  4047. 


nu  CONTRACTS-CONTROLLER. 

Construction  of,  with  reference  to  weights  and  meas- 
ures,   §  3222. 

Holiday,  day  of  performance  falling  on,  performance 
on  next  day,  §  13. 

Material  on  public  buildings  to  be  furnished  by, 
§  3234. 

Officers  interested  in,  Avoidable,  §  922. 

Officers  not  to  be  interested  in,  §  920. 

Particular   contracts:   See   Particular   Subject. 

Public,  preference  given  to  goods  of  local  manufac- 
ture,  §   3247. 

School:   See   Schools,  XXI. 

Supreme  court  reports,  contract  for  printing,  §§  778- 
782. 

CONTRIBUTION.     Sureties,  contribution  between,  §  956. 
Sureties  on  original  and  additional  bonds,  contribution 
between,   §   969. 

CONTROLLER.     Action  for  delinquent  taxes,  §  3670. 
Annual  estimate  for  school  expenses,  §  443. 
Appointees  and  employees  of,  §  439. 
Auditor     failing    to     forward     statement    to,    penalty, 

§  3694. 
Auditors:    statements  of,  to  be  filed  with,  §  3737. 
Board  of  examiners  may  examine  accounts  and  books 

of,  §  675. 
Board   of   examiners   may   prevent    payment    of    war- 
rants by,   §  674. 
Board   of  examiners,   to   permit   examination  of  books 

and  papers  by,  §  678. 
Bond  of,  §  442. 

Bookkeeper   for,    salary   of,    §    440. 
Claims   allowed    by   military   auditors,     duties     as    to, 

§  2097. 
Certificate    of    settlement    of    account,    what    to    show, 

§   434. 
Civil  executive  officers,  deputies  and  employees  are,  § 

439. 
Clerk,  extra,  act  allowing  repealed,  p.  1042,  Stats. 
Clerk   of  supervisors  to   notify    of    rate    of    taxation, 

§  3667. 
Clerks,  salary  of,  §   440. 
Deputy,   salary   of,    §   440. 
Duties,  act   prescribing  certain,   p.   1103. 


CONTROLLER.  l"» 

Duty  when  books  not  returned  to  state  library,  §§  2297, 

2298. 
Expert,  salary  of,  §  440. 
Exper*   to,  p.   1042,   Stats. 
Extra  counsel,  allowance  of,  §  3880. 
Funds,  act  authorizing  transfer  of,  by,  pp.   1114,  1115. 
General  duties,  enumeration  of,   §  433. 
Immigration   commissioner,    duty   to   audit   salary   and 

expenses  of,    §    2969. 
Member  of  state   board    of  equalization,    §    352. 
Mode  of  election  of  prescribed  by  constitution,   §   348. 
National  Guard,  duty  in  regard  to  pay  and  allowances 

to,   §  2084. 
Not  to  draw  warrant  unless  claim  approved  by  board 

of  examiners,  §  672. 
Orders  on  by  trustees  of  normal   schools,   how   drawn 

and  paid,  §  1507. 
Porter,    -ay  appoint,   §    ^il. 
Porter,  salary  of  and  how  paid,  §  441. 
Proceedings  against  defaulters,  §  437. 
Prohibited  from  purchasing  scrip  or  any  city  or  coun- 
try indebtedness,    §   923. 
Report  of,  time  of  printing,   §   334. 
Report    to    governor   to    contain    synopsis    of   auditors' 

reports,  §  3737. 
Report    when  to  make,  §  332. 
Sacramento,  to  reside  and  keep  offices  at,  §  852. 
Salary  of,  §  438. 

Salaries  of  deputies  and  employees,  how  paid,  §  440. 
School  fund,  special  duties  connected  w.th,   §   435. 
Taxation,  powers  and  duties  in  relation  to:    See  Tax- 
ation, X,  §  4. 
Taxes,  publication  by  controller  in  reference  to,  §  3668. 
To  compute  sums  due  for  taxes  by  railroad,  §  3667. 
Treasurer,  duty  to  report  to,  §  452. 
Treasurer   to   receive   no   money   without   cetificate   of, 

§  453. 
Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
Warrant,  must  draw,  in  favor  of  approved  claim,  §  661. 
Warrant    of     to     collect     assesssments     on     railroads, 

§  3666. 
Warrants,  order  in  which  to  be  drawn,  §  436. 


1146  CONVENTIONS— CORPORATIONS. 

CONVENTIONS:   See  Elections,  XVII. 

CONVEYANCE.  State,  by,  secretary  of  state  to  keep 
record  of,  §  408. 

CONVICTS  disqualified  from  voting,  §  1084. 

CORONER,  accounts  of,  not  allowed  until  statement  as 
to  property  filed,   §  4288. 

Autopsies,  who  to  perform  in  San  Francisco,  §  3025. 

Bond  of,  §  4122. 

Burial  expense  of  a  county  charge  where  deceased 
without  means,   §   4286. 

Bury  body,  coroner  when  must,  §  4286. 

Consolidating  offices  of  coroner  and  public  adminis- 
trator, §  4106. 

County  officer,  is,  §  4103. 

Deaths,  to  keep  registry  of,  §  3076. 

Duty  to  report  cases  of  bubonic  plague,  Asiatic  chol- 
era, contagious,  etc.,  diseases,  §  2979a. 

Election  of,  mode  of,  where  prescribed,  §  830. 

Expenses  of,  what  a  county  charge,  §  4344. 

Inquests,  must  hold,   §  4285. 

Justice  may  act  in  case  of  absence  or  vacancy,  §  4289. 

Money  or  property,  to  deliver  to  treasurer  or  legal 
representative,  §  4287. 

Moneys,  penalty  for  failing  to  pay  over  certain,  etc., 
§   4158. 

Oaths,  may  administer,   §  4118. 

Public  administrator,  coroner  is  ex-officio,  in  what 
counties,  §  4105. 

Sheriff,  when  to  act  as,  §  4290. 

To  file  certain  statement.  §  4288. 

To  serve  process  where  sheriff  a  party,  §  4191. 

Treasurer,  how  disposes  of  money  or  property  re- 
ceived from,  §§  4159,  4160. 

Treasurer  to  sue  on  failure  to  turn  over  money  or 
property,   §  4157. 

Treasurer,  money  received  by,  from  coroner,  time  to 
demand,  §  4160. 

Vacancy  in  office  of,  §  4289. 

CORPORATIONS,  acts  concerning  gas,  preserved,  §  19. 
By-laws:   See  By-laws. 
Charters  of  municipal,  preserved,  §  19. 
Fees  In  connection  with,  §  416. 


CORPORATIONS— COUNTIES.  U47 

Investment  companies:  See  Investment  Companies. 
Liability  for  road  poll  tax  assessed  against  employees, 

§  2671. 
"Person"  includes,  §  17. 
Property  of,  where  assessed,  §  3641. 
Surety,  corporation  may  act  as,  solely  or  with  others, 

§  956. 
Surety,  what  corporations  may  act  as,  §  955. 
To  make  certain  statement  to  assessor,  §  3b29. 

COSTS,  clerk  not  liable  for  in  actions  arising  out  of 
registration,   §   1112. 

Fraudulen  conveyance,  costs  of  setting  aside  by  attor- 
ney-general, how  met,  §  470. 

In  action  against  delinquent  purchasers  of  state  land, 
§  3555. 

Insanity,  of  determining,   §§   2175,   2176. 

Of  surveying  disputed  county  boundaries,  §  3974. 

Removal  of  criminal  action  to  another  county,  how 
collected,    §    4346. 

Removal  of  criminal  action,  costs  on,  chargeable 
against  what  county,  §§  4345,  4347. 

COUNTIES. 

Definition,  nature  and  classification. 

Body  politic  and  corporate,  county  is,  §  4000. 
Classification  of,  §§  4006,  4007. 
Defined,   §  3901. 

Name  and  designation;   division  of  state  into. 

Name  and  designation,   §  4002. 
State  is  divided  into,  §§  75,  3902. 

Acts  relating  to  continued  in  force. 

Acts  consolidating  cities  and  counties,  §  19. 

Acts  dividing  into  collection  and  assessment  districts, 

§  26. 
Acts  empowering  supervisors  to  aid  railroads,  §  19. 

Boundaries;    Division  of. 

Boundaries,  change  of,  taxes  to  whom  belong  and  who 

to  collect,  §  3975. 
Boundaries,  disputed,  how  established,  §  3969. 


48  COUNTIES. 

Boundaries,  former  approved  surveys  and  maps  de- 
clared valid,  §  3973. 

Boundaries,  unsettled,  approved  surveys  of  to  be  con- 
clusive, §  3972. 

Boundaries,  unsettled,  costs  of  surveys,  how  appor- 
tioned  and   paid,    §   3974. 

Boundaries,    unsettled,    how    established,    §    3969. 

Boundaries,  unsettled,  report  to  surveyor-general  on 
disagreement  of  supervisors,   §   3970. 

Boundaries,  unsettled,  surveyor-general  to  determine 
oh   disagreement  of   supervisors,   §   3971. 

Boundaries  of  particular  counties:  See  post,  Particu- 
lar Counties. 

Division  of  apportionment  pf  railway  taxes:  See  Taxa- 
tion, XL 

Division  of,  taxes  to  whom  belong  and  who  to  collect, 
§   3975. 

Division  of,  rights  in  relation  to  taxes:  See  Taxation, 
XI. 

County  seats. 

Change   of,   election   for,    adverse,    second    election,    § 

3984. 
Change  of,  election  for,  declaring  place  chosen  to  be 

county  seat,   §  3982. 
Change  of,  election  for,  how  conducted,  §-3979. 
Change  of,  election  for,  notice  of,  §  3979. 
Change  of,  election  for,  notice  of  result,  §  3981. 
Change  of,  election  for,  place  chosen  to  be  county  seat 

from  what  day,  §  3982. 
Change  of,  election  for,  statement  of  result  to  be  filed 

with  county  clerk,  §  3983. 
Change  of,  election,  when  supervisors  to  order,  §  3977. 
■     Change  of,   election   for,   voter   to   vote   for    place    he 

prefers,  §  3980. 
Change    of,    notice    of    to    be    filed    with    secretary    of 

state,  §  3983. 
Change   of,   subsequent   removals   and   proceedings  on, 

§  3985. 
How  changed,   §  397C. 

Of   particular  counties:    See  post.   Particular  Counties. 
Place  chosen  to  be  county  seat  from  what  day,  §  3982. 


COUNTIES.  1149 

Powers   of. 

Credit  of,  not  to  be  loaned  or  given,  §  4004. 
Enumerated,  §  4003. 
Exercised  through  what  officers,  §  4001. 
Generally,  §  4000. 

Loans,  limitation  on  right  to  borrow  money  on  tem- 
porary loan,  §  4005. 
Loans,  temporary,  within  what  time  to  be  paid,  §  4005. 
Toll  bridge,  counties  may  purchase,  §  2881. 

Claims;  bonds  of. 

Accounts  for  county  charges  to  be  presented  to  super- 
visors, §  4343. 

Bonds  of:    See  Supervisors. 

Bonds,  notice  to  be  given  to  board  of  examiners  and 
treasurer  when  ready  to  be  sold,  §  681. 

Bonds,  refunding:   See  Supervisors. 

Charges  against   county,  enumeration  of,  §  4344. 

Claim,  actions  on,  §  4075. 

Claim  against,  how  presented,  §  4072. 

Claim  against,  must  be  presented  one  day  prior  to 
session,  §  4073. 

Claims   against,   partial   allowance,   §   4074. 

Claims  against,  rejected  when,   §  4074. 

Claim  against,  time  to  present,  §  4072. 

Claims  of  against  state,  act  authorizing  settlement  of, 
p.  1110. 

Claims  of  supervisors  against,  how  presented,  §  4082. 

Claims   against:    See   Supervisors. 

Costs  on  removal  of  criminal  action  to  another  county, 
how  collected,  §  4346. 

Costs  on  removal  of  criminal  action,  chargeable  against 
what  county,  §§  4345,  4347. 

Officer,  claim  of,  against,  who  may  oppose,  §  4071. 

Officer  not   to   advocate   claim   against,   §   4071. 

Officer  not  to  present  claim  against,  §  4071. 

Public  debt:   See  Bonds;   Public  Debt. 

Warrants. 

Order  of  payment  and  registration  of,  §  4076. 
What  to  specify,  §  476. 


30  COUNTIES. 

Officers. 

Restrictions  upon  residence  of  county  oflBcers,  §  855. 
Who  are,  §  4104. 

See  Particular  Office. 

Particular   counties;    boundaries    and    county    seats. 
Alameda,  §  3953. 
Alpine,  §  3931. 
Amador,  §  3930. 
Butte,  §  3922. 
Calaveras,   §   3936. 
Colusa,  §  3916. 
Contra  Costa,  §  3954. 
Del  Norte,  §  3909. 
El  Dorado,  §  3927. 
Fresno,  §  3939. 
Humboldt,   §  3914. 
Inyo,   §   3942. 
Kern,  §  3941. 
Klamath.  §  3910. 
Lake,   §   3917. 
Lassen,  §  3912. 
Los  Angeles,   §  3945. 
Marin,    §    3957. 
Mariposa,  §  3938. 
Mendocino,  §  3918. 
Merced,  §  3934. 
Mono,  §  3935. 
Monterey,  §  3948. 
Napa,  §  3958. 
Nevada,  §  3923. 
Placer,  §  3924. 
Plumas,   §   3920. 
Sacramento.   §   3928. 
San  Bernardino,  §  3943. 
San  Diego,  §  3944. 
San  Francisco,  §  3950. 
San  Joaquin,  §  3932. 
San  Luis  Obispo,  §  3947. 
San  Mateo,  §  3951. 
Santa  Barbara,  §  3946. 
Santa  Clara,  §  3952. 
Santa  Cruz,  §  3949. 


COUNTIES— COUNTY    CLERK.  1151 

Shasta,  §  3911. 
Sierra,  §  3921. 
Siskiyou,  §  3913. 
Solano,  §  3956. 
Sonoma,  §  3955. 
Stanislaus,  §  3933 
Sutter,    §    3926. 
Tehama.   §  3915. 
Trinity,  §  3919. 
Tulare,  §  3940. 
Tuolumne,  §  3937. 

Yolo,  §  3929. 
Yuba,  §  3925. 

COUNTY  BOARDS  OF  EDUCATION:  See  Taxation,  VI, 
§   2. 

COUNTY  CLERK,  auditor  and  recorder  ex-ofl&cio  in  what 
counties,  §  4105. 

Bonds  of,  §  4122. 

Bond  of,  to  be  filed  with  county  treasurer,  §  986. 

Clerk   of  supervisors,   ex-officio,   §   4029. 

Consolidating  offices  of  county  clerk,  auditor  and  re- 
corder, §  4106. 

County  oflacer,  is,  §  4103. 

County  sealers  of  weights  and  measures,  ex-officio, 
§  562. 

County  sealers:   See  Sealers  of  Weights  and  Measures. 

Deputies,  clerks  and  copyists,  act  relating  to,  p.  1042. 

Duties   of,   enumerated,   §§   4204,   4205. 

Election  of,   mode  of,   where  prescribed,   §   830. 

Exempt  firemen,  may  issue  certificates  to,  when,  §  3339. 

Ex-officio  clerk  of  county  board  of  election  commis- 
sioners, §  1077. 

Fees  for  filing  and  recording  certificate  of  discharge 
from  insane  asylum  not  to  be  charged,  §  2189. 

Fees  not  to  be  charged  for  recording  and  indexing 
orders  of  commitment  to  asylum,  §  2171. 

Law,  cannot  practice,  §  4121. 

Law,  cannot  have  partner  practicing,  §  4121. 

Oath,  copy  of  to  be  filed  with  secretary  of  state,  §  909. 

Oaths,  may   administer,   §   4118. 

Office  hours,  §  4116. 

Office,  where  held,  §  4116. 

Pension  claimant,  affidavits  of,  to  be  taken  without 
fee,  p.  1042,  Stats. 


1152  COUNTY    CLERK— CURATIVE    ACTS. 

Reside  at  county  seat,  §  4119. 
Surety,  canuot  act  as,  §  955. 
COUNTY  ASSESSOR:   See  Assessor;   Taxation. 
COUNT.Y  AUDITOR:    See  Auditor. 

COUNTY   BOARD  OF   EQUALIZATION:    See  Taxation. 
COUNTY  JUDGE:   See  Judges,  County. 
COUNTY  OFFICERS:    See  Offices  and  Officers. 

Particular  officer:    See  Particular  Title. 
COUNTY  SEATS:    See  Counties. 
COUNTY      SUPERINTENDENT      OF      SCHOOLS:       See 

Schools,   II. 
COUNTY   SURVEYOR:    See   Surveyor. 
COUNTY   TREASURER:    See  Treasurer  of  County. 
COURSES:    See  Boundaries. 
COURT    COMMISSIONERS,     appointment,     powers     and 

duties,   where  prescribed,  §  827. 
COURT  OF  APPEALS:    See  District  Court  of  Appeals;    Su- 
preme Court. 
COURTS:   See  District  Court  of  Appeals;   Superior  Court; 

Supreme  Court. 
COURTS-MARTIAL:   See  National  Guard,  XXXVIII. 
COURTS  OF  INQUIRY:    See  National  Guard,  XXXVIII. 
CREDITS,  definition  of,  §  3617. 
CREMATION.     Permit  to  cremate  bodies,  §  3084. 
CRIMINAL  LAW.     Cancellation  of  entry  in  great  register 
on  conviction  of  certain  crimes,  §  1106. 
Conviction   of  felony   vacates  office,   §   996. 
Offenses  against  school  law:   See  Schools.  XXX. 
Purity  of  elections,  act  relating  to,  p.   1044. 
Repeal  of  law  creating  criminal  offense,  effect  of,  §  329. 
Right  of  state  to  serve  process  on  territory  ceded  to 

United  States,  §  34. 
Right  of  state  to  punish  for  crime,  §  37. 
Vacancy  in  office  on  conviction  of  felony,  notice  of,  by 

whom  and  to  whom  given,  §  997. 
Voters,   persons   convicted   of   what  crimes   cannot  be, 

§  1084. 
What  expenses   of  criminal  proceedings  are  a  county 
charge,  §  4344. 
CRUELTY    TO    ANIMALS,   act   relating   to,    continued   in 

force,  §  19. 
CURATIVE  ACTS,  acts  validating  applications  for  school 
lands,  §  3573. 


damages-tX>eaf,    dumb   and   blind   asylum.         ny-i 

DAMAGES,  appropriation  lor  liighways  taken  for  toll  road, 

§   2788. 
Award  for  condemnation  of  land  for  road,  §  2089. 
Award  in  such  cases,  how  determined,  §§  2G88,  2690. 
Award,  when  rejected,  proceedings,  §  2G90. 
Fire,    negligent   acts    in   relation    to,    treble     damages, 

§  3344. 
Liability  of  municipal  corporations,  §§  4452,  4453,  4454. 
Liability    of   owners   for,    done    by     drivei's   of   teams, 

§  293G. 
Riparian    owners    liable     for    certain,   to   reclamation 

works,  §§  3486,  3487. 
Sheriff  liable  in  certain,  §§  4179-4182. 

DAY.  Daytime,  what  is,  §  3260. 
Night-time,  what  is,  §  3260. 
What  is,  §  3259. 

DEAF  CHILDREN,  instruction  and  schools  for,  §  1662. 

DEAF,  DUMB  AND  BLIND  ASYLUM,  approval  of  esti- 
mates and  drawing  moneys  appropriated,  §  2256. 

Board  of  directors,  powers  and  duties  of,  §  2255. 

Boai'd  of  directors  receive  no   compensation,   §  2257. 

Board  of  directors  to  fix  salary  of  treasurer,  §  2280. 

Board  of  directors,  under  control  of,  §  2254. 

Bond,   approval,   filing  and  recording,    §   2244. 

Clothing  to  be  furnished  pupils,  when,   §   2240. 

Definition  of  blindness,  §  2241. 

Definition  of  deafness,  §  2241. 

Derives  no  revenue  from  school  fund,  §  2237. 

Geological  cabinet,  geologist  and  university  regents  to 
provide,  §  2242. 

Located  in  Alameda  county,  §  2237. 

Maintenance  of  pupils  to  be  at  expense  of  state,  §  2240. 

Name  of,  changed  to  "California  Institution  for  the 
Deaf  and  the  Blind,"   §§  2236,  2237. 

Nonresidents,  fee  charged  to,  §  2239. 

Object  of,   §  2237. 

Part  of  school  system,   §  2237. 

Principal  teacher,  bond  of,  §  2270. 

Principal  teacher,  powers  and  duties  of,  enumerated, 
§  2268. 

Principal  teacher,  qualifications  of,  §  2267. 

Principal  teacher,  salary  of,  §  2269. 

Salaries,  when  and  how   paid,  §  2243. 

Treasurer,   bond  of,   §   2282. 

Pol.  Code — 73 


1154  DEAF,    DUMB   AND   BLIND   ASYLUM— DEFINITIONS. 

Treasurer,   duties   of,    §   2280. 

Treasurer,  salary  of,  amount  of  and  who  to  fix,  §  2280. 

Trustees  of,  duties  of,  where  prescribed,  §  713. 

Trustees  of,  governor  appoints,  §  368. 

Trustees  of,  term  of  office,  §  369. 

Who  entitled  to  free  education  in,  §  2238. 

DE.ATH.     Burial:   See  Burial. 

Cancellation  of  entry  in  great  register  on,  §  1106. 
Cemeteries,  persons  in  charge  of  to  keep,  §  3111. 
Dissection:  See   Dissection. 

Office  becomes  vacant  on,  of  incumbent,  §  996. 
Recording  and  registration  of:  See  General  Laws,  title 

"Deaths."     Stats.  1905,  p.  115. 
Sacramento,  death  records  in,  §  3046. 
San  Francisco,  certificate  of  physician,  §  3025. 
San  Francisco,  duty  of  health  officer  as  to  interments, 

§  3025. 
San  Francisco,  report  of,  householders  to  make  in  what 

cases,  §  3034. 
Treasurer,  of,  duty  of  legal  representatives,  §  4163. 

DEBT:   See  Public  Debt. 

Acts  funding  state,  preserved,  §  19. 

Board  of  supervisors  not  to  contract  certain,  §  4070. 

Counties  not  to  contract,  §§  4004,  4005. 

Definition  of,   §  3617. 

Evidences  of,  personal  property,  §  17. 

Of  reclamation  districts  may  be  compromised,   §  3479. 

DECISIONS  of  supreme  court:   See  Reporter  of  Supreme 
Court. 

DECLARATION,  oath  includes,  §  17. 

DECORATIONS:   See  National  Guard,  XXVIII. 

DEDICATION,  highways:  See  Highways,  III. 

DEEDS,  commissioners  of:   See  Commissioners  of  Deeds. 
Tax  deeds:   See  Taxation,  IX.  §  9. 

DEFINITIONS.     Allegiance,    §    55. 
Blindness,  §  2241. 
Cities,  §  4354. 
Conventions,  §  1186. 
County,  §  3901. 
Credits,  §  3617. 


DEFINITIONS— DEPOSITIONS.  U55 

Day,   §   3259. 

Daytime,  §  3260. 

Deafness,  §  2241. 

Debts,   §  3617. 

Ferry  boat,  §  3643. 

Full  cash  .value,  §  3617. 

Half  year,  §  3257. 

Highways,  §  2618. 

Improvements,    §  3617. 

Investment  companies,  §  635a. 

Law,   §  4466. 

Lumber,  §  2389. 

Magistrate,  §  17. 

Mouth  of  creek,  §  3908. 

Newspaper  of  general  circulation,  §  4460. 

Night-time,   §   3260. 

Notice,  §  4175. 

Peace  officer,  §  17. 

Personal  property,  §  3617. 

Process,  §§  17,  4175. 

Property,  §  3617. 

Quarter  year,  §  3257. 

Real  property,  §  3617. 

Residence,  §  52. 

Seal,  §  14. 

Special  elections,  §  1043. 

Taxation,  terms  relating  to:  See  Taxation,  I. 

Trademarks,  §  3196. 

Value,   §  3617. 
Week,  §  3258. 
Writ,  §  17. 
Year,  §  3257. 
DELINQUENT  taxes:  See  Taxation,  IX,  §  6. 

DEL  NORTE  COUNTY,  boundaries  and  county  seat,  §  3909. 
Legal   distance   from    county   seat  of  to   Sacramento, 

§  158. 
Salary  of  county  judge  of,  §  4329. 
Salary  of  district  attorney  of,  §  4330. 

DEPOSITIONS.    Depose,  what  includes,  §  17. 
In  contested  election  cases,  §§  275-279. 
Members  of  board  of  examiners  may  take,  §  659. 
To  be  transmitted  to  Secretary  of  State,  §§  281,  282. 


1156  DEPUTY— DISTRICT    ATTORNEY. 

DEPUTY:  See  Offices  and  Officers. 
Appointment,  how  made,  §  4113. 
Appointments,     how     made    where     not   provided    for, 

§§  876,  894. 
Bonds  may  be  required  of,  §  985. 
County  officer  not  to  act  as  deputy  of  another  county 

officer,  §  843. 
Have  powers  of  principals,  §  865. 
Hold  at  pleasure  unless  otherwise  provided,  §  371. 
Number  of  where  not  fixed  by  law,  §  877. 
Oaths,  taking  and  filing  of,  §  910. 
Powers  and  liabilities,  §  4114. 
Prohibited    from    purchasing    scrip    or    any    city    or 

county  indebtedness,  §  923. 
Salary   of:  See    Salaries. 
Term  not  fixed,  hold  at  pleasure  of  appointing  power, 

§    878. 

DESCRIPTION:   See  Boundaries. 

DIPLOMAS:   See   Schools,  XI. 

DIPSOMANIACS:    See  Home  of  Inebriates,  §  30221/^, 

DIRECTORS:   See  Insane  Asylum,  V. 

DISBANDING  of  militia:    See  National  Guard,  XXVI. 

DISCHARGE:   See  Insane  Asylum,  XV. 

From  military  service:   See  National  Guard,  XXXVII. 

DISSECTION,  bodies  of  what  persons  to  be  surrendered 
for,  §  3094. 
Bond  before  surrendering  body  for,  §  3095. 
Certificate  from    medical    society    before  surrendering 

body,  §  3095. 
Physicians,  etc.,  how  may  obtain  bodies  for,  §  3093. 

DISTANCES,    LEGAL:   See   Legal   Distances. 

DISTRICT  ATTORNEY,  action  against  assessor  for  un- 
collected taxes,  §  3831. 

Actions  against  members  of  National  Guard,  to  defend, 
§   1922. 

Attorney-general  to  exercise  supervisory  powers  over, 
§  470. 

Attorney-general  to  give  opinion  in  writing  to,  §  470. 

Attorney-general,   when   to  assist,   §   470. 

Bonds  of,  §  4122. 


DISTRICT    ATTORNEY.  1157 

Clerks  and  assistants  in  certain  cities  and  counties, 
p.  1043,  Stats. 

Compensation  and  expenses  of  are  a  county  charge, 
§  4344. 

Compensation  for  actions  brought  against  delinquent 
purchasers  of  state  lands,  §  3553. 

County  officer,  is,  §  4103. 

Duties  of,  enumerated,  §  4256. 

Duty  as  to  intruders  on  public  lands,  §  42. 

Duty  in  relation  to  public  lands:   See  Public  Lands. 

Expenres  of,  what  a  county  charge,  §  4344. 

Fees   of  in   certain   counties,   p.   1043,   Stats. 

Governor  may  direct  to  inquire  into  conduct  of  cor- 
porations, §  380. 

Illegal  payments  by  officers  of  counties,  action  to  re- 
cover, §  400'1. 

Illegal  payments  by  officers  of  county,  enjoining,  § 
4001. 

Insane  person,  duty  to  inquire  into  ability  to  pay  for 
maintenance,   §   2178. 

Must  have  been  admitted  to  practice  by  superior  court, 
§  4259. 

Not  to  present  or  advocate  any  claim  but  his  own, 
§  4258. 

Oaths,  may  administer,  §  4118. 

Office  hours,  §  4116. 

Office  to  be  kept  at  county  seat,  §  4116. 

Proceeding  against  assessor  fraudulently  assessing 
property,  §  3098. 

Public  prosecutor,  is,  §  4256. 

Reside  at  county  seat,  §  4119. 

Salaries  of,  §  4330. 

Salaries  of,  how  paid,  §  4328. 

School:  See  Schools,  XVII. 

Special  counsel,  appointment  of  on  disqualification  of, 
§  472. 

Suit  against  non-accepting  owners  on  laying  out  of 
highways,  §  2690. 

Supervisors,  legal  adviser  of,  §  4257. 

Supervisors,  to  attend  meetings  of  and  oppose  unjust 
claims,  §  4257. 

Surety,  cannot  act  as,  §  955. 

Taxation,  powers  and  duties  in  relation  to:  See  Taxa- 
tion, X,  §  7. 


1158  DISTRICT    ATTORNEY-EIGHT    HOUR    LAW. 

To   bring   suits  to   acquire  land   to   protect  highways, 

§  2696. 
Treasurer,  to  sue  on  failure  to  pay  over  money,  §  4157. 
DISTRICT  COURT  OF  APPEALS,  officers  of  and  salaries 
of,  §  758. 
Reporter  of  decisions:   See  Reporter  of  Supreme  Court 

and  of  District  Court  of  Appeals. 
Salaries  of  justices  of,  §  736. 
DISTRICT  SCHOOLS:   See  Schools. 
DISTRICT  OF  COLUMBIA,  state  includes,  §  17. 

United  States  includes,  §  17. 
DITCHES.     Highways,  ditches  across  to  be  bridged,  §  2737. 
How  assessed,  §  3663. 

Proceedings  where  highway  crosses,   §  2694'. 
Roads,  ditches  over,  bridging  of,  §  2737. 
Supervisors    may    construct    public    bridges    across,    § 
2737. 
DIVISION  of  county,  apportionment  of  railway  taxes:  See 
Taxation,  XI. 
Of  county,  rights  in  relation  to  taxes:   See  Taxation, 
XI. 
DIVISIONS:  See  National  Guard,  XVII. 
DIVORCE,  record  of,  not  open  to  inspection,  §  1032, 
DOMICILE:   See  Residence. 

Residence,   rules  for  determining,   §   1239. 
Residence,  term  of,  how  computed,  §  1240. 
DOUBLE  taxation:   See  Taxation,  V. 
DRAFT:   See  National  Guard,  XXXIV. 
DRAINAGE.     Acts    authorizing     transfer    from     drainage 
fund  to  general  fund,  pp.  1114,  1115. 
Claims  against  state  under  act  to  promote,  payment 
of,  p.  1111,  Stats. 
DRAWBRIDGE,  over  navigable  streams,  §  2875. 

How  regulated,  §  2876. 
DRILLS,  military:   See  National  Guard,  XXXIX. 
DRUGGIST,  liquor  license  not  required  of,  §  3383. 
DRUNKARDS:   See  Home  of  the  Inebriates. 
DUMB:   See  Deaf,  Dumb  and  Blind  Asylum. 

EDUCATION:  See  Schools;  University  of  California. 

Act  to  ascertain  will  of  people  on  educational  quali- 
fication, p.  1043. 
Boards  of:   See  Schools,  IV. 
EIGHT  HOUR  LAW,  hours  of  labor  on  water  front  of  San 
Francisco,   §  2545. 

See  Hours  of  Labor. 


EL  DORADO  COUNTY— ELECTIONS.  n5'J 

Ej.    DORADO     COUNTY,    bcundaiies    and    county    seat, 

§  3927. 
Legal    distance    from    county    seat    of   to    Sacramento, 

§  159. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 

ELECTIONEERING:   See  Elections,  VIII,  §  6. 

ELECTIONS. 

I.     Proclamation. 
II.     Board  of  election  commissioners. 

III.  Registration. 

IV.  Precincts. 

V.     Electors   and     voters;     qualifications    and    privi- 
leges. 
VI.     Ballots. 
VII.     Ballot-boxes. 
VIII.     Holding   of. 

1.  Time  and  place  of. 

2.  Officers  of. 

3.  Polls. 

4.  Supplies  and  appliances;  cards  of  instruction. 

5.  Booths. 

6.  Electioneering. 

7.  Tally  and  poll  lists;   copies  of  register. 

8.  Voting  and  challenging. 

IX.  Canvassing  of  returns;    duties  after  canvass. 

X.  What  vote  elects;  tie  vote. 

XI.  Certificates    and    commissions. 

Xn.     Validity  of;    new  election;   offenses  against  elec- 
tion  laws. 

XIII.  Contest. 

XIV.  Special  elections. 
XV.     Primary  elections. 

XVI.     Candidates. 
XVII.     Conventions. 
XVIII.     Nominations. 

City:    See  Municipal  Corporations. 

Freeholders,  election  lor,  act  relating  to,  p.  1043. 

Particular  officers:    See  Particular  Title. 

United  States  senators:   See  United  States  Senators. 


60  ELECTIONS,     I,     II. 

I.  Proclamation. 

Copy  to  be  transmitted  to  supervisors,   §  105J. 
Duty  of  governor  to  issue  and  transmit,  §  380. 
Issuance  of,  §§  1053,  10.56. 
Publishiing  and  posting  of,  §§  1055,  1056. 
What  to  contain,  §  1054. 

II.  Board   of  election   commissioners. 

City,  clerk  of  city  council  ex-officio  clerk  of,  §  1077. 
City,  powers  and  duties  of  secretary  of  board  of  super- 

Tisors,  §  1078. 
City,  who  constitute,  §  1075. 

Cities  and  counties  over  150,000,  appointment,  §  1075. 
Cities  and  counties  over  150,000,  appointment,  protest 

against,  §  1075. 
Cities  and  counties  over  150,000,  chairman,  §  1075. 
Cities  and  counties  over  150,000,  eligibility,  §  1075. 
Cities   and    counties   over    150,000,    from    what    parties 

selected,  §  1075. 
Cities  and  counties  over  150,000,  ineligibility  to  other 

office,  §  1075. 
Cities  and  counties  over  150.000,  oaths  of,  §  1077. 
Cities  and  counties  over  150,000,  of  whom  to  consist, 

§  1075. 
Cities  and  counties  over  150,000,  powers  and  duties  of 

secretary,  §  1078. 
City  and  county  over  150,000,   secretary,  appointment, 

salary  and  term  of  office,  §  1077. 
Cities  and  counties  over  150,000,  secretary  cannot  en- 
gage in   other   occupation,   §   1077. 
Cities   and    counties   over   150,000,    secretary   ineligible 

to  be  delegate  to  convention,  §  1077. 
Cities  and  counties  over  150,000,  term  of  office,  §  1075. 
Cities   and    counties   over   150,000,   vacancy   in,   filling, 

§  1075. 
Cities  or  cities  and  counties  over  150,000,  salaries  of, 

§  1075. 
County,  county  clerk  ex-officio  clerk  of,  §  1077. 
County,  powers  and  'duties  of  county  clerk,  §  1078. 
County,  who  constitute,  §  1075. 
Deputies  and  clerks  may  appoint,  §  1077. 
Deputies  and  clerks,  selected  from  what  political  par- 
ties, §  1077. 
Duties  of,  generally,  §  121G. 
Expenditures  of  public  money  to  be  under  supervision 

of,  §  1079. 


ELECTIONS,     II,     III.  IICI 

Expenditures,    proposals   to   be    invited    and    contract 

let,   when,   §   1079. 
Oaths,  false,  perjury,   §   1077. 
Oaths,  members,  deputies  and  clerks    may    administer, 

§  1077. 
Powers  and  duties  of,  §  1076. 
Provisions  relating  to  not  to  affect  what  statutes  and 

provisions,    §   1080. 
Salaries  of  deputies  and  clerks,  how  paid,  §  1077. 

III.     Registration. 

Affidavits  of,  arranging  and  binding  into  books,  §  1113. 
Affidavits  to  be  preserved  five   years,   §   1103. 
Affidavits  may  be  destroyed  after  five  years,  §  1103. 
Affidavits  to  be  preserved,  §  1103. 
Books  of  registration  to   be  transmitted   to  precincts, 

§  1116. 
Citation  of  voters,  §   1094. 

Commences  when,  and  how  long  continues,  §  1094. 
Costs   in    action    relating   to    not     recoverable     against 

clerK,  §  1112. 
County    clerk    to   examine   records   for   convictions,    § 

1106. 
Entries  in,  provisions  as  to  mandatory,  §  1095. 
Entries  must  show  what,  §  1096. 
Fees  not  to  be  charged  for,  §  1071. 
Great  register,  action  to  compel  cancellation  of  names 

on,   §   1109. 
Great   register,   action   to   compel   entry   of   names   in, 

defendants,  §  1111. 
Great  register,   action  to   compel   entry   of    names    in, 

plaintiffs,   §  1110. 
Great  register,    blanks  for   cancellation   to    be    left   in, 

§  1105. 
Great  register,  cancellation,  how  made,   §  1105. 
Great    register,     certified     copy    of    uncanceled     entry 

prima    facie    evidence    that    one     is     an     elector, 

§  1117. 
Great   register,   clerk   to    give   certified    copies   of    en- 
tries, §  1107. 
Great  register,   compelling  entry  of  name  on,   §§  1108, 

1110,  1111.     • 
Great  register,  entries  in,  when  to  be  canceled,  §  1106. 


1162  ECLECTIONS,  III-V. 

Great  register,  entry  of  names  upon  by  clerk,  §  1102. 

Great  register,  posting  copies  of  before  election,  §§ 
1149,   1150. 

Index  to  books  of  affidavits,  §  1115. 

Index  to  registration  books,  preparation  of,  §  1115. 

Index  to  registration  books,  printing  of,   §  1115. 

Judge  decreeing   incompetency  to  give  notice,   §   1106. 

Landlords  and  lodging-house  keepers,  duties  of,  §  1094. 

Names  of  qualified  electors  to  be  entered  in,  §  1095. 

New  each  even  numbered  year,  §  1094. 

No  one  allowed  to  vote  whose  name  not  on  register, 
§   1227. 

Officers  refusing  or  neglecting  to  make  entries,  a  mis- 
demeanor,  §  1095. 

Officer's  refusal  or  neglect  to  swear  voter,  a  misde- 
meanor,  §  1095. 

Posting  copies  of  precinct  registers  before  election, 
§§  1149,  1150. 

Precinct,  §  1094. 

Qualifications  for,  §  1097. 

Register  in  cities  and  counties  to  be  kept  in  office  of 
registrar,   §   1094. 

Register  in  counties,  to  be  kept  in  office  of  county 
clerk,   §  1094. 

Registrars  of  voters,  duties  of  generally,  §  1216. 

Transfers,  §  1094. 

Voter  not  to  register  where  registration  in  another 
county  uncanceled,  §  1104. 

What  to  appear  before  name  entered,  §  1097. 

IV.  Precincts. 

Boundaries,  §  1128. 

Changing,  altering  and  consolidating,  §  1129. 

Division  of  county  or  city  and  county  into,  §  1127. 

Limitations  upon  power  to  establish,  §  1130. 

Number  of,   §§   1127,   1128. 

Number  of  voters   in,   §§   1127,   1128. 

V.  Electors  and  voters;    qualifications    and    privileges. 

Arrest,  privilege  of  elector  from,  §  1069. 
Disfranchise  on  dishonorable  discharge  from  National 
Guard,   §  1929. 


ELECTIONS,    V,    VI.  1163 

Educational   qualification   for   voters,   act  to   ascertain 

will  of  people,  p.  1043,  Stats. 
Elector,  certified  copy  of  uncanceled  entry  on  register 

prima  facie  evidence  that  one  is  an,  §  1117. 
Elector  not  obliged  to  perform  militia  duty,  §  1070. 
Elector,  privileged  from  arrest,  §  1069. 
Elector,  qualified,  who  cannot  be,  §  1084. 
Elector,  qualified,  who  is,  §  1083. 
Elector,  who  cannot  exercise  privilege  of,  §  1084. 
Electors:    See  Electors. 

Militia  duty,  elector  not  obliged  to  perform,  §  1070. 
Residence  of  voter,  rules  for  determining,  §  1239. 
Residence,  term  of,  how  computed,  §  1240. 
Voters,  qualifications  of,  §  1083. 
Voter,  who  cannot  be,  §  1084. 

VI.     Ballots. 

All  ballots  must  be  similar,  §  1197. 

Arrangement  of  names  on,  §  1197. 

Ballot  clerks:   See  post,  VIII,  §  2. 

Ballot  clerk  to  account  for,  §  1207. 

Blank   columns,   §   1197. 

Congressional    election,    contest    of,    house    committee 

may  inspect  ballots,  §  1265. 
Court  may  order  inspection  of,  when,  §  1265. 
Delivery  to  election  boards,  §  1201. 
Delivery  to  election  boards,  messengers  for,   §  1201. 
Delivery  to  election  boards,  receipt  for,  §  1201. 
Form  of,  §  1197. 
Form,  but  one,  for  all  candidates  printed,  §  1197. 

General  ticket,  §  1197. 

How  long  to  be  kept.  §  1265. 

How  long  to    be    kept    where    congressional    election 

contested,   §   1265. 
Identifying  mark  not  to  be  placed  on,  §  1215. 
Independent   ticket   and    nominations,    §    1197. 
Marking  ballots,  §  1211. 

Marking,  distinguishing  marks,  what  are  not,  §  1211. 
Marking,    effect   of   cross   in    both   voting   square   and 

circle,  §  1211. 
Marking,  effect  of  cross  in  voting  square  and  writing 

name  in  blank  column,  §  1211. 
Marking,  identifying  marks,  what  are  not,  §  1211. 


ELECTIONS,     VI. 

Marking,  name  printed  twice  on  ballot,  marking  both 

names,  effect  of,   §  1211. 
Marks  on,  what  do  not  invalidate,  §  1211. 
Municipal   ticket,   names    in    parallel    party    columns, 

§  1197. 
No  ballot  other  than  that  received  to  be  delivered  to 

officer,  §  1215. 
Not  to  be  received  after  polls  closed  except  in  certain 

cases,  §  1164. 
Not  to  be  removed  from  booth  before  closing  of  polls, 

§   1215. 
Not  to  be  taken  from  custody  of  county  clerk,  §  1265. 
Number  of,  §  1197. 
Number,   ballots   from   which   not   removed   not   to   be 

deposited,  §  1209. 
Number  of  columns,   §   1197. 
Number  ol  to  be  provided,  §  1199. 
Ordering  inspection  of,  duty  of  county  clerk  on  return 

of,   §  1265. 
Paper  not  to  be  imitated  or  furnished,  §  1213. 
Printed  and  distributed  at  public  expense,  §  1185. 
Printed  how,  §  1197. 
Printing,    constitutional    amendments,    how    submitted, 

§   1197. 
Printing,  bids  for  not  required,  when,  §  1079. 
Printing,  errors  or  omissions  in,  how  corrected,  §  1200. 
Printing,  independent  tickets,  §   1197. 
Printing  no  nomination,  §  1197. 
Printing  of  general  ticket,  §  1197. 
Printing  of  municipal  ticket,  §  1197. 
Printing,  term  of  office,  §  1197. 
Proceedings   where   election   prevented    by   destruction 

of,    §   1201. 
Production    and    inspection    on    congressional    contest, 

§  1265. 
Questions  relating  to  canvass  and  return  of:   See  Can- 
vass and  Returning  Votes,  post,  IX. 
Record  of  number  of  ballots  printed,  §  1198. 
Sample,   printing  and  distributing,   §   1210. 
Sample,  to  be  sent  to  electors,  §  1194. 
Style  of  printing,  §  1197. 
Stubs,  §  1197. 
To  be  bound  in  books,  §  1198. 


ELECTIONS,    VI-VIII.  U65 

To   be   received   from   and   delivered   by   ballot   clerks 

only,  §  1215. 
To  contain  names  of  all  candidates,  §  1197. 
Unused,  destroying,  §§  1199,  1207. 
When  destroyed,  §  1266. 

VII.  Ballot-boxes. 

Not  to  be  opened  until  polls  finally  closed,  §  1162. 
Not  to  be  removed,  §  1162. 

Opening,   exhibiting  and  closing  before  receiving  bal- 
lots, §  1162. 
Providing,  §  1203. 

VIII.  Holding   of. 

1.  Time  and  place  of. 

County  officers,  when  elected,  §  4109. 

Designating  houses  or  places  where  to  be  held,  §  1130. 

General,  time  of  holding,  §  1041. 

Holiday,  day  of  holding  general,  is,  §  10. 

Not  to  be  held  in  place  where  liquor  sold,  §  1131. 

Place  of  holding,  failure  to  designate,  proceedings  on, 

§  1132. 
Place  of  holding,  failure  to  designate  in  San  Francisco, 

§  1132. 

2.  Officers  of. 

Acting  as  officer  when  not  eligible,  penalty,  §  1142. 

Additional  officers,  appointing  when  general  and  muni- 
cipal election  held  at  same  time,  §  1202. 

Appointment  and  qualifications  of  officers,  §  1142. 

Ballot  clerks,  appointment  of,  §  1202. 

Ballot  clerks,  qualifications  and  compensation  of,  § 
1202. 

Ballot  clerk  to  account  for  ballots,   §  1207. 

Ballot  clerks,  to  be  chosen  from  what  party,  §  1202. 

Ballot  clerks  to  destroy  unused  ballots,  §  1207. 

Ballot  clerks,  to  perform  what  service,   §   1202. 

Blanks  for  poll  lists,  envelopes,  etc.,  to  be  furnished 
to.  §  1073. 

Board  is  composed  of  what  officers,  §  1142. 

Certificate,  final,  majority  of  board  to  sign,  §  1142. 

Clerk  to  keep  list  of  voters,  §  1229. 

Compensation  of,  §  1072. 

Duties  of,  generally,  §  1142. 


ELECTIONS,    VIII. 

Electioneering,  not  to  do,  §  1215. 

Eligibility  of  officers,  §  1142. 

Failure  of  members  to  appear,  proceedings  on,  §  1144. 

Failure  to  appoint,  proceedings  on,  §  1144. 

Inspectors,  powers  of,  §  1145. 

Judges  not  to   be  members  of  same  political  parties, 

§  1143. 
Names  of  officers  to  be  published,  §  1142. 
Neglect  or   refusal   to   make   entries  or   swear  voters, 

a  misdemeanor,  §  1095. 
No  officer  to  disclose  name  of  person  for  whom  elector 

voted,  §  1215. 

Oaths,  any  member  or  clerk  may  administer,  §  1146. 
Oaths  of  members,  §  1148. 

Political    parties,    apportionment    of    officers    between, 

■  §  1142. 
Posting  copies  of  great  and  precinct  register,  §§  1149, 

1150. 
Publication  of  names  of  officers,  §  1142. 
Refusal  to  act,  punishment,  §  1142. 
What  officers  constitute,  §  1142. 

3.  Polls. 

Closing  of,  board  of  election  to  be  present  at,  §  1142. 
Proclaiming  fact  that  polls  are  closed,  §  1164. 
Proclaiming  fact  that  they  are  open,  §  1164. 
Time  of  opening  and  closing,  §  1160. 

4.  Supplies  and  appliances;   cards  of  instruction. 
Blanks   for  poll  lists,   tally  lists,  returns,   etc.,   super- 
visors to  furnish,  §  1073. 

Cards  of  instruction  not  to  be  removed  or  defaced. 
§  1214. 

Cards  of  instruction  printed  and  distributed  at  public 
expense,  §  1185. 

Instructions  to  voters,  printing  and  distributing,  §  1210. 

Instructions  to  voters  to  be  posted  in  booths,  §  1210. 

Instructions  to  voters  to  be  sent  to  election  boards, 
§  1210. 

Supervisors  to  provide  appliances  and  allow  expenses, 
§  4064. 

Supplies  used  in  conducting  not  to  be  removed  or  de- 
stroyed, §  1214. 


ELECTIONS,    VIII.  11B( 

5.  Booths. 
Conveniences  for  stamping  ballots  to  be  provided  in, 

§  1203. 
Providing,  §  1203. 

■6.  Electioneering. 
Not  to  be  done  within  100  feet  of  polls,  §  1215. 
Officer  of  election  not  to  do,  §  1215. 

7.  Tally  and  poll  lists;   copies  of  register. 
List,  want  of  form  not  to  vitiate,  §  1175. 
Poll  lists,  form  of,  §  1174. 

Tally  lists,  form  of,  §  1174. 

Tally,  want  of  form  not  to  vitiate,  §  1175. 

Register,  posting  copies  of  great  and  precinct,  §§  1149, 

1150. 
Registration,  books  of  to  be  transmitted  to  precincts, 

§  1116. 

8.  Voting  and  challenging. 

Ballot  from  which  number  not  removed  not  to  be 
deposited.  §  1209. 

Ballots  to  be  received  from  and  delivered  by  ballot 
clerks  only,  §  1215. 

Booth,  not  more  than  one  voter  to  occupy  at  time, 
§  1206. 

Challenge  because  of  want  of  identity,  oath  on,  §  1231. 

Challenge  because  voter  not  the  one  whose  name  on 
great  register,  cath,  §  1231. 

Challenge  for  non-residence  in  county  or  precinct,  pro- 
ceedings on,  §  1233. 

Challenge  for  non-residence  in  state,  proceedings  on, 
§  1232. 

Challenge  for  want  of  identity,  proceedings  on,  §§  1231, 
1236. 

Challenge  for  want  of  identity,  voter  to  take  oath  ten- 
dered,  §  1237. 

Challenge,  grounds  of,  §  1230. 

Challenge,  how  tried  and  determined,  §  1237. 

Challenge,  list  of  challenges  to  be  kept,  §  1243. 

Challenge,  oath  determines  in  favor  of  voters  in  what 
cases,  §  1236. 

Challenge  on  ground  of  conviction  of  crime,  proceed- 
ings on,  §  1235. 


ELECTIONS,     VIII. 

Challenge  on  ground  that  person  has  already  voted, 
oath  on,  §§  1234,  1236. 

Challenge,   proceedings  upon  determination  of,   §  1242. 

Challenge,  voter  refusing  to  take  oath  or  answer  ques- 
tions cannot  vote,  §  1238. 

Employee  entitled  to  two  hours  to  vote  at  general 
elections,  §  1212. 

Identifying  mark  not  to  be  placed  on  ballot,  §  1215. 

Identifying  marks:    See  ante,  VI. 

Manner  of  voting,  §  1204. 

Marking  of  ballots:   See  ante,  VI. 

No  ballot  other  than  that  leceived  to  be  delivered  to 
officer,  §  1215. 

No  one  but  officer  to  receive  or  solicit  ballot,  §  1215. 

No  one  to  apply  for  ballot  at  other  than  his  polling- 
place,  §  1215. 

Residence,  reading  rules  governing  before  administer- 
ing oath,  as  to,  §  1241. 

Straight  ticket,  how  voted,  §  1205. 

Voter,  how  long  may  remain  in  booth,  §  1206. 

Voter,  how  to  fold  ballot,  §  1205. 

Voter,  how  to  prepare  ballot,  §  1205. 

Voter  not  to  be  asked  for  whom  he  intends  to  vote, 
§  1215. 

Voter  not  to  show  ballot,  §  1215. 

Voter  not  voting   to    return   ballot,   §   1207. 

Voter  spoiling  ballot,  proceedings  on.  §  1207. 

Voter  unable  to  mark  ballot,  assistin'g,  §  1208. 

Voter  unable  to  read,  assisting,  §   1208. 

Voter  unable  to  read  or  mark  ballot,  who  to  assist 
and  oath  of,  §  1208. 

Voting,  announcing  voter's  name,  number  and  resi- 
dence, §  1226. 

Voting,  employee  entitled  to  two  hours  to  vote  at 
general  election,  §  1212. 

Voting,  list  of  voters,  keeping  of,  §  1229. 

Voting,  manner  of.  §§  1204,  1225. 

Voting,   method  of,  §  1205. 

Voting  machine,  act  relating  to,  p.  10G8. 

Voting  machine,  commission  on,  act  creating,  p.  1068. 

Voting,  no  one  allowed  to  vote  whose  name  not  on 
register,  §  1227. 


ET.ECTIONS,    VIII,    IX.  llfiS 

Voting,  when  to  commence  and  how  long  to  continue, 

§  1224. 
Voting,  written  names  must  be  in  blank  colum.n,  §  1211. 

IX.     Canvassing  of  returns;  duties  after  canvass. 

Ballots  after   counting  to  be   strung  and   inclosed   in 

sealed  envelope.  §  1259. 
Ballots,   court   may  order  opening  and   inspection  of, 

when,    §    1265. 
Ballots,  duty   of  county   clerk  on  return  of  after  in- 
spection ordered,  §  1265. 
Ballots  folded  together,  proceedings  in  case  of.  §  1254. 
Ballots,  distinguishing  marks  on:   See  ante,  VI. 
Ballots,  how  long  to  be  kept,  §  1265. 
Ballots,  marking  of:    See  ante,  VI. 
Ballots  not  to  be  taken  from  custody  of  county  clerk, 

§  1265. 
Ballots,  proceedings  where  there  are  too  many,  §  1255. 
Ballot  rejected  if  more    names    than    persons    to    be 

elected,  §  1211. 
Ballot  re.iected  if  voter's  choice  cannot  be  determine^d, 

§  1211. 
Ballots,  wlien  destroyed,  §  1266. 

Board  of  election,  duty  of  before  adjournment,  §  1261. 
Board  of  election  to  canvass  votes,  §  1142. 
Board   of  election,   what   documents  seal  and   send   to 

county  clerk,  §  1261. 
Board    to    declare    persons    receiving    highest    votes 

elected,  §  1283. 
Board  to  post_  result  outside  of  polling-place,  §  1261. 
Copy  of  register  to  be  filed  with    county    clerk    after 

canvass,  §  1268. 
Clerk  receiving  ^^ackages  containing    returns,    ballots, 

etc.,  duty  of,  §  1265. 
Counting  of  votes,  §  1257. 
Custody  of  packages    containing    returns  and  ballots, 

etc..   §   1263. 
Declaration  of  result,  §  1283. 
Defective  ballots  not  to  be  counted,  §  1211. 
Defective  ballots  to  be  preserved  and  returned,  §  1211. 
Defects  and  informalities  in  returns,  effect  of,  §  1297. 
Delivery  of  packages  containing  returns,  ballots,  etc., 

§  1264. 
District  retnrrs,  duty  of  clerk  receiving,  §  1^*87. 
District  returns,  hov.   made  up,  §  1285. 
District  returns,  how  transmitted,  §  1286. 
Pol.    Code — 74 


ELECTIONS,     IX. 

Final  certificate  to  be  signed  by  majority  of  election 
board,  §  1142. 

General  election,  county  clerks  to  make  and  transmit 
abstracts  of  votes,  §§  1288,  1289. 

General  ticket  to  be  counted  before  municipal   §  1257. 

How  commenced,  §  1253. 

How  commenced  in  San  Francisco,  §  1253. 

How  made,  §  1281. 

Identifying  marks:  See  ante.  VI. 

Inspector  to  retain  for  inspection  other  list  and  tally 
sheet,  §  1262. 

Misdemeanor  to  remove  copv  of  posted  result,  §  1261. 

Name  printed  twice  on  ballot,  marking  both  names, 
effect  of.  §  1211. 

Packages  containing  register,  lists,  papers  and  ballots, 
to  whom  delivered,  §  1264. 

Packages  containing  register,  lists,  papers  and  ballots, 
duty  on  receiving,  §  1264. 

Precinct  reeisters,  posting  copies  before  polls  opened, 
§  1149. 

Proceedings  where  ballots  exceed  names  on  lists,  § 
1255. 

Proceedings  when  names  and  ballots  agree,  §  1256. 

Rejected  ballot,  disposal  of,  §  1257. 

Return  list,   §  1260. 

Returns  to  be  delivered  to  supervisors,  §  1267. 

Roster  of  voters,  open  to  inspection,  §  1264a. 

Roster  of  voters,  sealing  and  delivery  of,  §  1264a. 

Roster  of  voters  to  be  kept  one  year  as  public  record,  § 
1264a. 

San  Francisco,  packages  containing  register,  lists,  pa- 
pers and  ballots,  how  put  up  and  sealed,  §  1264. 

San  Francisco,  packages  containing  register,  lists,  pa- 
pers and  ballots,  indorsements  and  delivery,  § 
1264. 

Sealing  and  delivering  of  packages  containing  returns 
in  San  Francisco,  §  1264. 

Statement  of  result,  clerk  to  enter,  §  1282. 

Statement  of  result,  what  to  show,  §  1282. 

State  returns,  county  clerk's  duty  as  to  returns  for 
governor  and    lieutenant-governor,  §§  1292-1295. 

State  returns,  for  governor  and  lieutenant-governor, 
opening,  canvassing  and  declaring,  §  1296. 

State  returns,  how  made  out,  §  1288. 

State  returns,  sealing,  indorsing  and  transmitting  re- 
turns, §  1289. 


ELECTIONS,    IX-XII.  U71 

State  returns,  secretary  of  state  to  make  out  statement 

of,  §  1290. 
Supervisors,  when  meet  to  canvas  returns,  §  1278. 
Tallies  of  votes,  how  kept,  §  1258. 
'To  be  conducted  by  at  least  half  of  board,  §  1142. 
To  be  continued  daily  except  holidays,  §  1281. 
To  be  postponed  until  all  returns  in,  §  1280, 
To  be  public,  §  1281. 

To  be  public  and  without  adjournment,  §  1252. 
When  to  commence,  §§  1252,  1280. 

X.  What  vote  elects;  tie  vote. 

Person  receiving  highest  vote  elected,  §  1066. 

Plurality  to  elect,  §  1066. 

Tie  vote  for  governor,  legislature  elects,  §  1068. 

Tie  vote  for  lieutenant-governor,  legislature  elects, 
§  1068. 

Tie  vote  other  than  for  governor  or  lieutenant-gov- 
ernor, proceedings  on,  §  1067. 

XI.  Certificate  and  commission. 

Certificates,  clerk  to  make  out,  a^uthenticate  and  de- 
liver, §§  1284,  1287. 

Certificates,  duty  of  supervisors  to  issue,  §  4065. 

Certificate,  majority  of  board  to  sign,  §  1142. 

Certificate,  not  withheld  for  defects  or  informalities, 
§  1297. 

Certificate,  want  of  form  not  to  vitiate,  §  1175. 

Commissions,  not  withheld  for  defects  or  informalities, 
§  1297. 

Commissions,  when  governor  to  issue,  §  1291. 

Secretai  of  state  to  certify  names  of  persons  re- 
ceiving highest  vote,  §  408. 

XII.  Validity  of;  r.ew  election;  offenses  against  election 

lavy/s. 

Decision  declaring  void  vacates  office,  §  996. 

Extortion  from  candidates,  act  to  prevent,  p.  1074. 

Form,  want  of  not  to  vitiate  list,  tally  or  certificate, 
§  1175. 

Judgment  declaring  void,  notice  of  vacancy  by  and  to 
whom  given,  §  997. 

New,  ordering,  where  election  prevented  by  destruc- 
tion of  ballots,  §  1201. 

Piece  clubs,  act  to  prohibit,  p.  1074, 

Purity  of  elections,  act  relating  to,  p.  1043. 


1172  ELECTIONS,   XIII-XV 

XIII.     Contest. 

Ballots,  duty  of  county  clerk  on  return  of  after  in- 
spection ordered,  §  1265. 

Ballots  not  to  be  taken  from  custody  of  county  clerk, 
§   1265. 

Clerk  to  certify  pendency  of  action  to  treasurer,  §  937. 

Contesting  election  of  rnember  of  legislature:  See 
Legislature. 

Court  may  order  opening  and  inspection  of  ballots 
'  when,  §  1265. 

Payment  of  salary  where  office  contested,  §§  936,  937. 

Congressional  election,  house  committee  may  examine 
and  inspect  ballots,  §  1265. 

Congressional  election,  ballots,  how  long  to  be  pre- 
served, §  1265. 

Congressional  election,  production  and  inspection  of 
ballots,  §  1265. 

XiV.     Special  elections. 

Act  concerning,   p.  1067. 

County  clerks  to  make  abstracts  of  votes,  §§  1288,  1289. 

Proclamation  issuing,  §§  1053,  1056. 

Proclamation,  posting  and  publishing  of,  §§  1053,  1056. 

What  are,  §  1043. 

XV.     Primary  elections. 

Acts  relating  to,  pp.  1068,  1074. 

Adoption  of  primary  law,  election,  how    conducted,  § 

1372. 
Adoption  of  primary  law,  how  long  operative,  §  1372. 
Adoption    of    primary    law,    question     how     submitted, 

§   1372. 
Ballot-boxes,  one  only  at  each  precinct,  §  1359. 
Ballots,  disregarded  when,  §  1365. 
Ballot,  form  of,  §  1365. 
Ballots,  number  to  be  printed,  §  1359. 
Ballot,  petition,  right  of  parties  to  appear  in  by  means 

of,  §  1361. 
Ballot,  political    parties    entitled    to    designation    on, 

§  136^. 
Ballots,  preserved  how  long,  §  1374. 
Ballots,  printing,  §  1365. 
Ballots,  providing,  §  1365. 
Ballots,  sample,  none    to    be    printed    or    distributed, 

§  1359. 
Ballots,  sealing  a   ;.  indorsing,  §  1374. 


ELECTIONS,     XV.  1173 

Ballot  with  names  of  delegates  to  more  than  one  con- 
vention disregarded,  §  1365. 

Canvass  of  returns,  §  1360. 

Certificates  of  election,  issuance  of,  §  1360. 

City,  meaning  of,  §  1358. 

Conducted,  how,  §  1359. 

Contest,  proceedings  on,  §  1374. 

Control  over,  §  1360. 

Convention,  city,  meaning  of,  §  1358. 

Convention,  delegates  to  more  than  one,  §  136u. 

Convention,  district,  meaning  of,  §  1358. 

Convention,  expenses  not  a  public  charge,  §  1360. 

Convention,  quorum,  §  1368. 

Convention,  is  judge  of  election  and  qualifications  of 
members,  §  1368. 

Convention,'  legality  of,   §   1368. 

Conventions,  petitions,  §  1361. 

Convention,  state,  meaning  of,  §  1358. 

Convention,  vacancies,  how  filled,  §  1375. 

Convention,  what  delegates  constitute,  §  1360. 

Delegates,  credentials  of,  §  1369. 

Delegates,  list  of,  clerk  to  keep,  §  1369. 

Delegates,  lists  of,  mailing  to  secretaries  of  political 
parties,  §  1369. 

Delegates  to  conventions  to  be  elected  at,  §  1357. 

Delegates  to  more  than  one  convention,  §  1365. 

Delegates,  vacancies,  how  filled,  §  1375. 

District,  meaning  of,  §  1358. 

Election  commissioners,  who  may  act  as,  §  1371. 

Expenses  a  public  charge,  §  1360. 

Expenses,  how  met  and  paid,  §  1360. 

Local,  meaning  of,  §  1358. 

Mandatory,  law  is  in  what  places,  §  1372. 

Notice  of  holding,  publishing,  §  1363. 

Notice  of  holding,  what  to  contain,  §  1363. 

Officers,  appointment  of,  §  1364. 

Officers,  compensation  of,  §  1359. 

Officers,  duty  to  act  as  officer,  §  1359. 

Officers  need  not  serve  more  than  once  in  two  years, 
§   1359. 

Officer,  penalty  for  failure  to  act  as,  §  1370. 

Officers,  qualifications,  §  1359. 

Officers,  what  to  constitute  board,  §  1359. 

Optional,  law  is,  in  what  places,  §  1372. 

Petition,  apportionment  of  delegates,  §§  1361,  1363. 

38 


1174  ELECTIONS,    XV,'  XVI. 

Petition,  how  authenticated  and  what  must  set  forth, 
§  1361. 

Petition,  parties  may  participate  in  by,  §  1361. 

Petition,  secretary  of  state  to  give  notice  of  trans- 
mission of,   8   1363. 

Petition,  secretary  of  state  to  transmit  copies  to  elec- 
tion commissioners,  §  1363. 

Petition,  signatures,  §  1361. 

Petition  to  be  filed  when,  §  1361. 

Petition,  what  to  specify,  §  1361. 

Places  in  which  law  applies,  §  1372. 

Precincts,  §  1364. 

Presidential  electors,  conducted  how,  §  1373. 

Presidential  electors,  time  of  holding  primary  for, 
§  1372. 

Qualifications  and  registration  of  voters  at,  §  1118. 

Registers  at,  §  1118. 

Register,  use  of  at,  §  1366. 

Registration,  affidavits,  etc.,  return  of  after  election, 
§  1366. 

Registration,  new,  what  used  at  when  incomplete, 
§   1366. 

Registration  of  voters,  §  1366. 

Registration,  how  long  to  be  kept  open,  §  1119. 

Sample  ballots  not  printed,  §  1359. 

State,  meaning  of,  §  1358. 

Tie  vote,  proceedings  on,  §  1365. 

Time  of  holding,  §  1362. 

Voter,  challenge,  grounds  of,  §  1367. 

Voter,  challenge,  oath  or  affirmation  on,  §  1367. 

Voter  may  write  names  with  pen  or  pencil,  §  1365. 

Voters,  privileges  of,  §  1366. 

Voters,  qualifications  of,  §  1366. 

Voting,  comparison  of  signatures  of  voters,  §  1367a. 

Voting,  manner  of,  §  1367. 

Voting,  number  of  delegates  for  which  one  may  vote, 
§  1365. 

Voting,  printed  n.atter  not  to  be  changed  or  erased, 
§    1365. 

Voting,  test  of  right  to  vote,  §  1367. 

Voting,  use  of  posters,  §  1365. 

XVI.     Candidates. 

Error  or  omission  in  name  or  description,  how  cor- 
rected, §  1200. 


ELECTIONS,     VI-XVIII.  1175 

Must   choose   party   designation   where    nominated    by 

more  than  one  party,  §  1197. 
Soliciting  of  certain,  punishment  of,  p.  1102,  Stats. 

XVII.  Conventions. 

Definition  of,   §   1186. 

Delegates,  choosing,  effect  of  existence  or  nonexist- 
ence of  primary  law,  §  1186. 

Delegates  must  uave  been  chosen  at  primary  election 
when,  §   ii86. 

Delegates,  party  choosing  must  have  polled  three  per 
cent   of   vote   when,    §    1186. 

Governing  committee,  may  appoint,   §  1186. 

Governing  corjmittee,  term  of  office,  §  1186. 

Local,  meaning  of,  §   1358. 

Party,  decision  of  state  committee,  how  given,  §  1186. 

Party,  more  than  one  body  claiming  to  represent,  state 
committee  may  determine,  §  1186. 

XVIII.  Nominations. 

Certificate,  all  nominees  may  be  included  in  one, 
§    1187. 

Certificate  of,  duty  to  file,  §  1192. 

Certificate,  duty  to  transmit  or  print,   §  1192, 

Certificate,  form  of,  §  1187. 

Certificate,  no  one  to  falsely  make,  destroy  or  sup- 
press, §  1213. 

Certificate,  not  more  than  one  candidate  for  office, 
§  1190. 

Certificate  preserved  for  how  long,  §  1191. 

Certificate,  refusal  to  file  because  of  defects,  §  1192. 

Certificate,  signing  and  verification,  §  1187. 

Certificates  to  be  made  to  registrar  where  there  is 
one,  §  1216. 

Certificate,  what  to  contain,   §  1187. 

Certificate  where  vacancy  in  nominations  filled,  §  1192. 

Certificate,  where  to  be  filed  for  state  officers,  §  1189. 

Certificate,  where  to  be  filed  for  other  than  state  offi- 
ces, §  1189. 

Certificate,  when  to  be  filed,  §  1192. 

Certificate,  who  may  make  where  officers  of  conven- 
tion fail,  §  1187. 

Certified  how,  s  1187. 

Convention,  any,  may  nominate,  §  1186. 

County  clerk  to  send  names  of  nominees  to  chairmen 
of  county  committees,  §  1194. 


1176  ELECTIONS,     XVIII— ENCAMPMENT. 

No  one  to  accept  more  than  one  nomination,  §  1190. 

No   one  to  nominate   two   candidates   for  each   office, 
§  1190. 

Otherwise  than  by  convention  how  made,  §  1188. 

Person  voting  in  convention  for  one  not  to  nominate 
another,  §  1190. 

Secretary    of    state    to    certify    names    of  candidates 
v/ithin  what  time,  §  1193. 

Vacancy,    certifying    the    filling    of,    proceedings    on, 
§   1192. 

Vacancy  in  list,  how  filled,  §  1192. 

Withdrawal  of  candidates,  §  1192. 
ELECTORS:   See  Elections,  V. 

Educational  qualification,  act  to  ascertain  will  of  peo- 
ple, p.  1043. 

Office,  persons  who  are  not,  not  eligible,  §  58. 

Office,  who  eligible  to,  §  58. 

Rights  and  duties  of,  §  59. 

Rights  and  duties  of  those  who  are  not,  §  59. 
ELIGIBILITY  of  officers:    See  Offices  and   Officers. 
ELISOR  may  be  appointed  to  execute  process  and  orders 
when,  §  4192. 

Process,  how  executed  by,  §  4192. 
EMBEZZLEMENT.     Cancellation  of  entry  in  great  regis- 
ter on  conviction,  §  1106. 

Person  convicted  of  cannot  be  a  voter,  §  1084. 
EMINENT  DOMAIN.     Condemnation  of  state  land  for  gov- 
ernment purposes,  §§  33,  34. 

Condemning  private  property  for  streets  or  alleys,   § 
4372. 

Condition  as  to  service  of  process  in  places  condemned 
by  United  States,  §  34. 

For  constructing      harves,  chutes,  and  piers,'  §  2913. 

For  reclamation  purposes,  §  3471. 

For  road  purposes,  §  2690. 

For  toll-roads,  §  2787. 

In  construction  of  toll  bridge,  §  2855. 

Power  of  may  be  exercised  by  harbor  commissioners 
of  San  Diego,  §  2581. 

Property  acquiring  by,  §  44. 

State  hospitals  tor  insane  acquiring  lands  by  condem- 
nation,  §   214G.  * 

State  may  exercise,  §  44. 
ENCAMPMENT  of  National  Guard:    See  National  Guard, 
XXXII. 


ENGLISH   LANGUAGE— EXECUTIONS.  ml 

ENGLISH    LANGUAGE,   reports   of  officers  to  be  printed 
in,  §   336. 
Schools  to  be  taught  in,  §  1664. 
Statutes  to  be  printed  in,  §  528. 
ENLISTMENT   in    National    Guard:    See   National    Guard 

III. 
EQUALIZATION,  county  board  of:   See  Taxation,  VI,  §  2 
Generally:    See   Taxation,   VI. 
State  board  of:   See  Taxation,  VI-1. 
EQUIPMENTS,   military:    See   National   Guard,  XXVI. 
ESCAPE,  liability  of  sheriff  for  permitting,  §  4182. 

No   action  for   after  return   or  recapture   of   prisoner, 
§   4184. 
ESCHEAT,   attorney-general,   powers    and   duties   in   rela- 
tion to,  §  474. 
Special   counsel,   appointment,   powers  and   compensa- 
tion,   §   474. 
Title  failing  for  want  of  heirs,  property  escheats,  §  41. 
ESTRAYS,   acts   concerning  continued   in  force,    §   19. 
EUREKA,   harbor    commissioners   of:    See    Harbor    Com- 
missioners. 
EVIDENCE.     Affidavit   of  tax    collector   of   publication   of 
delinquent  list,  §  3769. 
Assessment  book,  of  what,  §  3789. 
Certificate  of  election  to  legislature,  §   236. 
Certiiicate  of  purchase  of  state  lands,  §  3514. 
Certified  copy  of  entry  in  great  register,  §  1117. 
Certified    copies    of   records    of   births    or    marriages, 

§    3083. 
Protest  of  bill  by  notary,   §  795. 
Receivable  before  board  of  equalization,   §   3676. 
Surveyor's  maps,  §  3973. 
Tax   collector's   deed   for  property   sold   for   taxes,    §§ 

3786,    3787. 
Testify  defined,  §  17. 

Testimony  of  witness,  not  used  against  himself,  §  304. 
EXAMINATION:   See  National  Guard,  XXXI. 

Boards  of:   See  Schools,  VIII. 
EXAMINERS:    See  Board  of  Examiners;    State  Board  of 

Examiners. 
EXECUTIONS.     Attorney-genejial  to  bid  in  property  when, 
§    470. 
Attorney-general  to  redeem  property  from  prior  judg- 
ment or  lien  when,  §  470. 


1178  EXECUTIONS— FEEBI^E-MINDED    CHILDREN. 

Failure  of  sheriff  to  pay  over  money,  liability,  §  4181. 
Failure  of  sheriff  to  pay  over  money,  office  becomes 

vacant  when,   §   4186. 
Justification  of  sheriff  under,  §  4187. 
Money,  how  computed  and  stated  in,  §  3274. 
Neglect  of  sheriff  to  levy  or  sell  under,  liability,  §  4180. 

EXECUTIVE:    See  Governor. 

EXECUTIVE    OFFICERS,   number   and   designation   of,    § 

343. 

See  Offices  and  Officers. 

EXECUTOR    AND    ADMINISTRATOR,   assessment   to,    in 
representative   capacity,   §   3639. 
Bonds  of,  provisions  relating  to,  §  981. 
Coroner  ex-officio  public  administrator,  §  4106. 
Duties  of  public  administrator,  §  4303. 
To  pay  taxes  of  estate,  §  3752. 

EXEMPTIONS,  arrest,  exemption  from  of  persons  on 
military  duty,   §   2021. 

Fees  of  quarantine  officer,  what  vessels  exempt  from, 
§  3020. 

Firemen,  exemptions  of,  §  3337. 

Honorary  members  of  National  Guard,  §  1962. 

Immigration  laws,  what  persons  exempt  from,  §  2963. 

Immigration  laws,  what  vessels  exempt  from,  §  2962. 

Licenses,  exhibitions  for  schools,  churches  and  chari- 
ties   exempted,    §    3386. 

License  tax,  soldiers,  sailors  and  marines  are  exempt, 
§    3366. 

Military  duty,  who  exempt  from,  §  1896.  See  National 
Guard. 

National   Guard,   of   members  of,   §§   1936,   1937. 

Pilotage,  exemption  of  vessels  from,  §§  2466,  2467,  2468. 

Taxation  from:    See  Taxation,  III. 

Tolls,  exempt  fiom  payment  of,  who  are,  §§  2814,  2879. 

EXHIBITIONS:   See  Schools,  XXIIL 

EXPERT,  controller,  to,  p.  1042;   Stats. 

EXPRESS  COMPANIES.  Unclaimed  property,  §§  3152- 
315/.     See   Unclaimed   Property. 

FARALLONE   ISLANDS   part  of  San  Francisco,  §  3950. 

FEEBLE-MINDdD  CHILDREN:  See  Home  for  Feeble- 
Minxled  Children. 


FEES.  1X79 

FEES,  acts  relating  to  continued  in  force,  §  4331. 

Application  to  purchase  public  land,  fee  on,  §  3574. 

Articles  of  investment  company,  fees  for  filing,  §  635c. 

Assessor  seizing  and   selling  personalty,  s  3793. 

Bonds,  for  certified  copies  of,  §  957. 

Certificate  of  discharge  from  insane  asylum,  no  fees 
for  filing  and  recording,  §  2189. 

Clerk   of  supreme   court,  of,   §§   752,    753,  754. 

Collected  by  officer  with  salary  to  be  paid  to  treasurer, 
§  4334. 

Commissioners  of  deeds,  of,  §  815. 

County  sealers  of  weights  and  measurers,  of,  §■  567. 

District  attorney,  of,  in  certain  counties,  p.  1043,  Stats. 

Gas  meters,  for  inspection  of,  §§  581,  582. 

Habeas  corpus,  no  fee  to  be  charged  in  services  relat- 
ing to,  §  4333. 

Harbor  master  of  Eureka,  of,   §  2572. 

Health  officer  of  San  Francisco,  §  3029. 

Immigration    commissioner,   fees   of,    §    2955. 

Immigration  commissioner,  for  approving  bond  or  ad- 
ministering oath,  §  2965. 

Insurance  agent,  fee  for  license,  §  633. 

Insurance  commissioner,  of,  §§  605,  606. 

License,  fees  for  issuance  and  disposal  of,  §  3364. 

National  Guard,  fees  not  to  be  charged  for  oaths  to 
members,  §  2106. 

None  allowed  for  collecting  school  funds,  §  1857. 

None  charged  for  recording  certificates  of  marriages 
and  births,  §  3078. 

Notaries,  §  798. 

Not  to  be  charged  legislators  and  officers,  §  416. 

Oaths,  officer  of  National  Guard  administering  not  en- 
titled to,  §  1940. 

Officers  in  contest  of  election  of  legislator,  §  280. 

Officers  not  to  perform  duties  except  on  tender  of, 
§  4332. 

Officers  refusing  to  perform  duties  on  tender  of,  lia- 
bility, §  4332. 

Payment  into  state  treasury,  §  416. 

Pension  claimants,  affidavits  of,  county  clerk  to  take 
without  fees,  p.  1042,    Stats. 

Pilotage:  See  Pilotage. 

Pilot  commissioners  of  Humboldt  Bay,  for  licenses, 
§  2490. 

Pilots  in  San  Francisco,  Mare  Island,  and  Benicia, 
§  2466. 


IISO  FEES— FERRIES. 

Poll  tax,  fees  for  collecting,  §  1857. 

Port  warden,  §  2510. 

Quarantine  officer  of  San  Francisco,  §  3020. 

Recorder,   fees   of   in   relation  to   marks   and   brands, 
§  3168. 

Recorder,  for  recording  births,  deaths  and  marriages, 
§  3081. 

Recorder,    for    reporting    sales    of  certificates  of  pur- 
chase,  §  3517. 

Recorder  not  required  to  record  instrument  until  pay- 
.      ment  of,  §  4245. 

Register   of   land   office,    §    501. 

Register  of  land   office,   how   disposed   of,   §   501. 

Registration  or  certificates  of,  fees  not  to  be  charged 
for,  §  1071. 

Sealers  of  weights  and  measures,  §  567. 

Secretary  of  state,  §  416. 

Secretary  of  state  not  to  charge  for  what  services  to 
state  officers,  §  416. 

Sheriff  serving  orders,  process,  etc.,  for  courts  of  in- 
quiry, fees  of,  §  2084. 

State  library  fund,  collected  by  secretary  of  state.  § 
416. 

State  registrar  of  marriages  and  births,  of:   See  State 
Board  of  Health. 

Subpoena,  for  service  of,  §  4069. 

Surveyor-general,  of,  §  3574. 

Teacher's   certificate,   fee    for    issuing    or    renewing, 
§  1565. 

Trademark,  fee  for  filing  with   secretary  of  state,    § 
3198. 

Unclaimed  property,  fees  in  relation  to,  §  3157. 

Wharfage,  dockage,  etc.,  in  San  Francisco,  §  2524. 

Witness,  §  4069. 
FELONY,  conviction  of  forfeits  office,  §  996. 

Vacancy  in  office   on  conviction,  notice  of,   by  whom 
and  to  whom  given,  §  997. 
FEMALES,  affidavit  of,  to  purchase  state  lands,   §§  3444, 

3501. 
FEMININE,  masculine  includes,  §  17. 
FENCES,  acts  relating  to,  continued  in  force,  §  19. 

R(>inoval  of  on  laying  out  highway,  §  2695. 
FERRIES.     Application,  hearing  and  contest,  §  2893. 

Ai)plication,  how  made,  §  2892. 


FERRIES— FINES    AND    PENALTIES.  1181 

Application,  notice  of,  §  2844. 

Application,    notice,    contents    of    and     publication    of, 

§  2892. 
Application,  notice,  proof  of  giving,  §  2893. 
Application,  notice,  serving  on  owner  of  land,  §  2892. 
Application,  notice  to  be  given  owner  of  another  ferry, 

§  2853. 
Application  to  keep,  to  whom  made,  §  2843. 
Application,  when  granted,  §  2893. 
Assessed,  where,  §  3643. 
Banks  to  be  kept  in  repair,  §  2858. 
Bond,    §§   2849,  2850. 
Bond,  supervisors  to  fix,  §  2845. 
Condemnation  of  lands  necessary  for,  §  2855. 
Definition  of  ferry  boat,  §  3643. 
Ford  near,  supervisors  may  authorize,   §  2845. 
Interested  supervisor  cannot  act  in  matters  relating  to, 

§  2852. 
License,  estimates  used  in  fixing,  §§  2848,  2849. 
License,  for  ferry  connecting  two  counties,  §  2851. 
License,  issuance  of,  §  2849. 
License,  limit  on  amount  of,  §  2846. 
License,  jiroceedings  in  fixing,  §  2848. 
License,  revenue  from,  purchasing  toll  roads  or  bridges 

with,  §  2857. 
License  tax,  change  in,  §  2846. 
License  to  take  tolls  on,  §§  2845,  3378. 
Penalties,  how  disposed  of,  §  2895. 
Preference  of  owner  of  adjoining  land  in  constructing, 

§  2854. 
Reports   to   supervisors,   what  to   show,   §   2847. 
Rules    and    regulations    governing,    supervisors    may 

make,   §   2894. 
Supervisors  granting  authority,  duties  of,  §  2844. 
Supervisors,  powers  of  over,  §  2894. 
Tolls,  change  in,  §  2846. 

Tolls,  estimates  used  in  fixing,  §§  2848,  2849. 
Tolls,  proceedings  in  fixing,  §  2848. 
Tolls,  rate  of,  §  2845. 
Toll,  rates  of  to  be  posted,  §  2856. 
Tolls,  supervisors  to  fix,  §  2845. 
Within  one  mile  of  another  ferry,  §  2853. 
FINES  AND  PENALTIES,  application  of,  §  2743. 

Assessing  property  below  value,  fraudulently,  §  3698. 
Assessor  failing  to  render  statement  to  state  board  of 

equalization,  §  3656. 


FINES  AND   PENALTIES. 

Auctioneer  failing  to  report  or  falsely  reporting,  § 
3322. 

Auctioneer  overcharging,  §  3309. 

Auctioneer,  recovered  how,  §  3323. 

Auditor  failing  to  make  certain  report,  §  3870. 

Births,  deaths,  etc.,  violating  registry  laws  as  to,  §  3082. 

Bridge,  riding  or  driving  fast  over,  §  2938. 

County  treasurers  failing  to  make  settlements,  §  3867. 

County  treasurers  neglecting  to  settle  and  report, 
§    4156. 

Court-martial,  fines  or  penalties  on,  how  collected 
§    2080. 

Court-martial,  fines  that  may  be  imposed,  §  2087. 

Employing  driver  addicted  to  intoxication,  §  2932. 

Harbor   commissioners,   imposed   by,    §    2570. 

Highways,  felling  trees  on,  §  2740. 

Highway,  neglect  to  remove  obstructions  from,  §  2733. 

Highways,  obstructing  or  injuring,   §  2737. 

Highway,  for  violating  law  of,  how  and  by  whom  re- 
covered, §  2935. 

Immigration,  neglect  to  give  bond  relative  to,  §  2956. 

Immigration  laws,  violating,  §  2959. 

Insurance  companies,  by  commisioner,  §§  598,  617. 

Leaving  gates  open  and  riding  off  road,  §  2736. 

Leaving  horses  standing  without  being  tied,  §  2934. 

Mark  or  brand,  using  more  than  one,  §  3183. 

Mile  stones  and  ^-uide  posts,  injuring,  §  2738. 

Militia,  how  collected,  §  1935. 

Military  draft,  neglect  to  obey,  §  2053. 

Municipal  authorities  may  impose.  §  4408. 

Navigable  streams,  for  obstructing,  §  2350. 

Navigation,  violating  rules  of,  §§  2367-2370. 

Navigation,  violating  rules  of,  how  recovered,  §  2379. 

Nonattendance  on  drills,  parades  and  inspections,  on, 
§  1935. 

Port  warden,  unlawfully  acting  as,  §  2511. 

Racing  steamers,  §  2373. 

Sheriff's  failure  to  return  process,  §  4179. 

Sheriff's  failure  to  pay  over  moneys,  §  4181. 

Sheriff  suffering  escape,  §  4182. 

Sheriff  suffering  rescue,  §  4183. 

Shipowners  liable  for  masters  or  engineers,  §  2378. 

SidewalTis,  trespass  on,  §  2632. 

State  board  of  equalization,  refusing  to  obey  rules  of, 
§  3697. 


FINES    AND    PENALTIES— FIRE    DEPARTMENT.  1183 

Supervisor's  malfeasance  in  office,   §   4086. 

Tax  collector  not  filing  statement    and    paying    over 

moneys,  §  3754. 
Toll   roaus,  obstructing,   §   2816. 
Toll  roads,  action  for  trespass  on,  §  2817. 
Tolls,  avoiding,  §  28c0. 

Witness  refusing  to  give  testimony  in  certain  cases, 
§  3632. 

FIRE,  authority  to  order  out  persons  to  extinguish,  §  3345. 
Negligently  allowing  fires  to  escape,  treble  damages, 

§   3344. 
Negligently    setting   fire   to  one's   own  woods,   treble 

damages,    §    3344. 

FIRE  DEPA.-<TMENT,  chief  of,  compensation  of,  §  3342. 

Act  authorizing  city  council  to  increase  efficiency  of, 
p.    1087. 

Act  authorizing  unincorporated   towns    to    equip    and 
maintain,  p.  1074. 

Act    requiring    commissioners    to    grant    yearly    vaca- 
tions, p.    1079. 

Act  creating  exempt  firemen's  relief  fund,  p.  1081. 

Act  creating  relief,  health  and  life  insurance  and  pen- 
sion fund,  p.  1081. 

Act  creating  board  of  fire  commissioners  in  unincor- 
porated cities,  p.  1074. 

Act   providing  for   enrollment   into   companies   of   ex- 
empt firemen,  p.  1081. 

Act  providing  for  pension  for  aged,  infirm  or  disabled 
members,  p.   1080. 

Act  fixing  salaries  in  cities  of  first  class,  p.  1088. 

Act  requiring  payment  of  certain  premiums  by  foreign 
fire  insurance  corporations  for,  p.  1086. 

Chief  of,  duties  of,  §§  3342,  3343. 

Exempt  firemen's  relief  fund,  act  creating,  p.  1081. 

E'xempt  firemen,  act  enrolling  into  companies,  p.  1081. 

Fire  companies,  by-laws  and  regulations,  §  3336. 

Fire  companies.  Low  organized,  §  3335. 

Fire  companies,  limit  on  number  of,  §  33i!j. 

Fire  companies,  number  of  certificate  members,  §  3335. 

Fire  companies,  officers  of,   §  3336. 

Fire   companies,   penalties,   §   3336. 
See  Firemen. 


1184  FIRE     DEPARTMENT— FISH     COMMISSIONERS. 

Health  and  life  insurance  and  pension  fund,  act  creat- 
ing, p.  1081. 
Pension  for  members,  act  creating,  p.  1080. 
Pension  fund,  act  creating,  §  1080. 
Seal  of  fire  department,  §  3340. 

Secretary  of  department,  seal,  oath  and  bond,  §  3340. 
Secretary  to   keep   record   of  certificates,   §   3341. 

FIRE  INSURANCE  COMPANIES,  act  requiring  payment 
of  certain  premiums  by  for  fire  department,  p. 
1086. 

Foreign,  tax  on,  §  622a. 

Insolvent  when,  §  602. 

FIREMEN,  active,  certificates  of,  §  3338. 
Active,  exemptions  of,  §  3338. 

Certificata.  prima  facie  evidence     :  facts  stated,  §  3341, 
Certificates,   secretary  to  keep   record  of,   §  3341. 
Exempt,  certificate  that  one  is,  §  3338. 
Exempt,  certificates,  county    clerk    may    issue,  when, 

§  3339. 
Exemptions  of,  §  3337. 
Exempt,  privileges  and  exemptions  of,   §§  3337,  3338, 

3339. 
Exempt,  who  are,  §§  3338,  3339. 
Poll  tax,  acts  authorizing  supervisors  to  exempt  from, 

pp.  1086,  1087. 

See  Fire  Department. 

FISH   AND  GAME  WARDEN,  act  creating  office,  p.  1088. 
Powers,  duty  and  salary,  act  prescribing,  p.  1089. 

FISH  COMMISSIONERS:  See  Animals. 

Act  providing  for  fishing  in  streams  frequented  by  mi- 
gratory fish,  p.  1090. 

Act  providing  for  salmon  hatchery,  p.  1091. 

Acts  authorizing  construction  and  purchase  of  laun- 
ches, pp.  1091,  1092. 

Act  authorizing  building  of  hatchery,  p.  1091. 

Act  authorizing  disposition  of  hatchery  on  Battle 
Creek,  p.  1092. 

Governor  appoints,  §  368. 

General  duties  of,  enumeration  Oi.,  §  642. 

Hold   at  governor's   pleasure,   §   369. 

Number  of  members  of,  §  343. 

Receive  no  compensation,  §  643. 

Report  of,  §  642. 

Report  to  governor,  when,  §  332. 


PISII    COMMISSIONER— FORMS.  1185 

Report,  copies  of  to  be  printed,  §  334. 
FOREIGN    INSURANCE  COMPANIES,  act  requiring  pay- 
ment  of   premiums   by   for   fire    department,   p. 
1086. 

Tax  on,  §  G22a. 
FOREIGN    INSURANCE    CORPORATIONS,    agent    of,    re- 
port to  insurance  commissioner,   §  596. 

Agent  upon  whom  summons  may  be  served,  naming, 
§    616. 

Bonds  from,   §   623. 

Bonds,  separate  for  each  company  represented,  §  624. 

Name  of  agent  upon  whom  summons  may  be  served, 
§  633. 

Retaliatory  clause,  §  622. 

Special   agent  for   collection  of  renewal  premiums,   § 
596. 

Stipulation    for    service    on     insurance     commissioner 
where  no  agent,   §  633. 

Tax  imposed  on    foreign    insurance    companies    other 
than  life,  §  622a. 

Transferring   case   to   federal   court,   license   revoked, 
§  595. 

What  articles,    certificates,    etc.,    to    be    filed  with  in- 
surance commissioner,  §§  607,  608. 
FOREIGN    REPRESENTATIVES,    exempt   from    immigra- 
tion laws,  who  are,  §  2963. 
FORFEITURE,  assessor,  for  neglect,  §  3656. 

Auctioneer    exceeding   sales    permitted    by    license,    § 
3289. 

By  county  treasurer  for  neglect,  §  4156. 

By  parties  failing  to  comply  with  rules  of  state  board 
of  equalization,  §  3697. 

Of  compensation  of  auditor  for  neglect,  §  3870. 

Of  fees  by  county  officers,  §  38C7. 

Pilot  commissioners    or    secretary    interested  in  pilot 
boat,  forfeits  office,  §  2447. 
FORMS.     Additional  bonds,  §  965. 

Affidavit  of  assessor  in  assessment  book,  §  3652. 

Affidavit   of   auditor    in    correcting   assessment    book, 
§  3732. 

Affidavit  of  clerk  of  supervisors  relative  to  equaliza- 
tion,  §   3682. 

Approva    of  claim  by  board  of  examiners,  §  661. 

A.ssessment  book,  §  3650. 
Pol.    Code — 75 


11S6  FORMS— FUNDS. 

Ballots,  §  1197'. 

Ballot  lor  district  school  tax,  §  1834. 

Ballots  for  school  bonds,  §  1883. 

Ballot  in  primary  election,  §  1365. 

Bonds,   §  958. 

Certificate  of  nomination,  §  1187. 

Commissions  by  governor,  §  892. 

Commissions  of  other  officers,  §  893. 

Complaint    by    employee    on  street  car  working  over 

twelve  hours,  §  3248. 
Indorsement    on    legislative    bill    when    received    by 

governor,  §  309. 
Indorsement  on  vetoed  bill,  §  311. 
IndorserLent  by  secretary  of  state  when  bill  becomes 

law  by  lapse  of  time,  §  313. 
Oath  of  officer,  §  904. 
Poll  lists,  §  1174. 
School  bonds,  §  1885. 

Statement  in  blank  to  be  furnished  assessor,  §  3630. 
Tally  lists,  §  1174. 
FnANCHIbE,  application  for,  transfer  where  supervisors 
interested    §  4078. 
Assessment  of,  '§§  3628,  3643,  3650,  3665,  3692. 
FRAUD  in  branding  cattle,  §  3184. 

Prosecuting  assessor  for,  §  3698. 
FRAUDULENT  CONVEYANCES,  costs  of  setting  aside  by 

attorney-general,  §  470. 
FREEHOLDERS,  elections  for,  p.  1043,   Stats. 
FREE  MARKET,  act  authorizing  establishment  of  in  San 

Francisco,  p.  1096. 
FRESNO  COUNTY,  act    to    protect    stockraisers  in,  con- 
tinued in  to  ce,  §  19. 
Boundaries  and  county  seat,  §  3939. 
Legal    distance    from    county    seat  of  to  Sacramento, 

§  160. 
Salary  of  judges,  §  4329. 
Salary  of  district  attorney,  §  4330. 
FUGITIVE  FROM  JUSTICE,  duty  of  governor  in  relation 

to,  §  380. 
FUNDING  ACTS  continued  in  force,  §  19. 
FUNDS,  act.  relative  to,  preserved,  §  19. 

General,  moneys  from  commutation  of  bond  to  immi- 
gration commissioner  paid  into,  §   2958. 


FUNDS— GOVERNOR.  i: 

General,  of  what  consists.   §   454. 
Insane  asylums:    See  Insane  Asylums,  X. 
Particular  fund:    See  Particular  Title, 
Road  fund:   See  Highways. 
School:    See   Schools,  XXV. 

Transfer  of,   acts  authorizing,  pp.   1113,  1114,  1115. 
FUTURE,  included  in  present,  §  17. 


GAME:    See  Animals. 

GAS  COMPANIES,  act  concerning,  continued  in  force,  §  19. 
Authority  to  lay  pipes,  granting,  §§  4410,  4411,  4413. 
Contracts  to  supply  city  with  gas,  §  4412. 
GAS  METERS,  inspector  of:  See  Inspectors  of  Gas  Meters. 
GENERALS:    See  National  Guard. 

GENDEp,  masculine  includes  feminine  and  neuter,  §  17. 
GEOLOGIST  OF  STATE.    Accounts,  including  salaries  and 
expenses,  how  audited  and  paid,  §  553. 
Assistants,   salaries  of,   §  552. 
Cabinet,  to  provide  for  deaf,  dumb  and  blind  asylum, 

§  2255. 
General  duties  of,  §  548. 
Governor  appoints,  §  368. 
Holds  at  governor's  pleasure,  §  369. 
Report  of,  §§  548,  549. 
Reports  and  maps  to  be  sold,  §  554. 
Salary  of,  §  551. 
Sale  of  maps  and  reports,  proceeds  of,  how  applied, 

§  554. 
Specimens  to  be  delivered  to  state  university,  §  550. 
Survey,  geological,  of  state,  duty  to  continue,  §  548. 
Survey,  geological,  report  of,  §§  548,  549. 
GLENN  COUNTY.     Legal  distance  from  county  seat  of  to 

Sacramento,  §  161. 
GOVERNOR,  appointments,    to    transmit    list    of  to  legis- 
lature,  §   381. 
Appointee  to  fill  vacancy,  term  of  office,  §  1003a. 
Appointment  not  made  until  after  expiration  of  pre- 
ceding term,  term  of  appointment,  §  1003a. 
Appoints  officers  whose  appointment  not  provided  for, 

§   875. 
Assistant  to  secretary  of  board  of  examiners,  may  ap- 
point, §  684. 
Attorney-general  to  give  opinion  in  writing  to,  §  470. 


GOVERNOR. 

Board  of  examiners,  chairmau  of,  §  654. 

Board   of  examiners,   secretary  of   state   chairman   in 

absence  of,  §  654. 
Board  of  examiners:   See  Board  of  Examiners. 
Board  of  health  in  San  Francisco,  to  appoint,  §  3005. 
Bonds  of  state  oflOicers  to  be  approved  by,  §  948. 
Certificates  of  election,  to  issue  to  presidential  electors, 

§   1314. 
Commander-in-chief  of  National  Guard,   §  1907. 
Commissions  by,  form  of,  §  892. 
Commissions  to  officers,  to  issue,  §  1291. 
Commissions  to  officers  in  National  Guard,  to  issue, 

§  1955. 
Commissions  to  officers  in  National  Guard,  when  may 

issue,  §  1955. 
Commissions,  what  officers,  §  891. 
Contest  of  election,  any  elector  may  contest,,!  288. 
Contest  of  election,  notice  of  contest,  serving  of,  §  290. 
Contest  of  election,  time  for,  §  289. 
Contest  of  election,  notice  to  houses  that  specifications 

received,  §  291. 
Contest  of  election,  trial   committees,  how  chosen,   § 

292. 
Contest  of  election,  trial  committee,  powers  and  duties 

of,  §  294. 
Contest  of  election,  trial  committee,  judgment  of  and 

conclusiveness,   §§   294,   295. 
Contest  of  election,  trial  committee,  notice  of  choice 

and  entry  in  journals,  §  293. 
Contest  of  election,  verified  specification  of  grounds  of 

contest,  §  289. 
County  clerks  to  send  returns  for,  to  what  legislators, 

§§   1294,  1295. 
County  clerks  to  make  and  seal  certified  copies  of  re- 
turns for,  §§  1292,  1293. 
Deputy  immigration  commissioner,  may  suspend,  when, 

§  29C9. 
Executive  clerk  appointed  by  and  hold  at  pleasure  of, 

§  370. 
Executive  secretary  ex-officio  secretary  of  state  cap- 

itol  commicsioners,  §  386. 
Executive  secretary  of,  salary  of,  §  380. 
Fees  for  documents  signed  by,  §  416. 
General  powers  and  duties,  enumeration  of,  §  380, 
Harbor  commission,  ex-officio  member  of,  §  2531. 


GOVERNOR.  1189 

Harbor  commissioners  of  San  Francisco,  to  appoint, 

§  2520. 
Harbor  commissioners  of  San  Diego,  appointment  and 

filling  of  vacancies,  §  2575. 
Harbor  commission  of  San  Diego,  ex-oflBcio  member  of, 

§  2%87. 
Harbor  commissioners  of  Eureka,  to  appoint  and  fill 

vacancies,  §  2567. 
Harbor  master  of  Eureka,  governor  to  appoint,  §  2570. 
Legislature,  vacancies   in,   governor   to   issue  writ  of 

election,  §  998. 
Mode  of  election  of,  prescribed  by  constitution,  §  348. 
Naval  battalion,  power  over,  §  1962. 
Nominations  to  senate  by,  concurrence  in,  how  made, 

§    890. 
Nominations  to  senate  of  officers,  how  made,  §  889. 
Oath  of,  §  905. 

Officers  appointed  by,   enumeration  of,   §  368. 
Officers  of  university  cadets  commissioned  by,  §  1474. 
Persons  acting  as  governor,  powers  and  duties  of,  § 

383. 
Presidential  electors,  duties  of  governor,  ?  1314. 
Private    secretary,    appointment    and    term    of   office. 

§  370. 
Private  secretary,  salary  of,  §  385. 
Records  to  be  kept  by,  §  382. 
Regent  of  university,  ex-officio,  §  353. 
Regents   of   University  of  California,  president  of,   § 

1429. 
Regents  of  University  of  California,  to  appoint  sixteen, 

§  1426. 
Regents  of  University  of  California,  to  fill,  §  1428. 
Reports  of  officers,    to    submit    to  state  board  of  ex- 
aminers, §  333. 
Resignation,  bow  and  to  whom  made,  §  995. 
Returns  for,  opening,  canvassing  and  declaring,  §  1296. 
Sacramento,   to  reside  at  and  keep  offices.  §   852. 
Salary  of,   §   384. 
Secretary  of  state  to  keep  register  and  attest  official 

acts,  §  408. 
Staff,  who  compose  and  terms  of  office,  §  1916.. 
State  board   of  capitol  commissioners,   member  of,   § 

366. 
State  board  of  education,  member  of,  §§  1517,  1518. 
State  board  of  exafniners,  member  of,  §  364. 
State  board  of  health,  appoints  members  of,  §  2978. 


1190  GOVERNOR— HARBOR   COMMISSIONERS. 

State  board  of  lunacy,  member  of,  §  2136. 

State  hospitals  for  insane,  general  superintendent  of, 

.  to  appoint,  §  2137. 
State  hospitals,  board  of  managers,  appoints  members 

of,   §   2147. 
State  library,  to  appoint  trustees  of,  §  ^292. 
State  prison,  board  of  directors  of,  member  of,  §  367. 
Stenographer,    employment    and    salary    of,    p.    1092, 

Stats. 
Trustee  of  state  normal  school,  ex-oflBcio,  §  354. 
Trustees  of  state  normal   school,  governor  to  appoint 

and  fill  vacancies,  §  354. 
Tie  vote,  legislature  elects,  §  1068. 
Vacancies,  filling  when  senate  not  in  session,  §  1000. 
Vacancy  in  state  offices,  how  filled,  §§  1001,  1002. 
Vacancies,   to   fill   when   not   otherwise   provided   for, 

§  999. 
Vacaiicies    among    officers    in    actual    service,    fills,    § 

1916. 
Watchmen  for  mansion  have  power  of  peace  officers, 

§  421. 
GRADING,  schools,  of:   See  Schools,  XIII. 
GRAVEYARDS:   See  Cemeteries. 

GROWING  TREES,  felling  into  highway,  penalty  for  fail- 
ure, to  remove,  §  2740. 
Highways,  trees  in:   See  Highways,  IX. 
GUARDIANS,  bond  of,  provisions  relating  to,  §  981. 
Infants  in  orphan  asylum,  guardian  for,  p.  1107. 
Insane  person  acquiring  property,  guardian  for,  §  2179. 
GUIDE  POSTS:  See  Highways,  XL 

HABEAS   CORPUS,  fee,  none   to  be  charged  in  services 
.elating  to,   §   4333. 

See  Insane  Asylums,  XV. 
HACKS,  licensing,  §  4408. 

HARBOR  COMMISSIONERS,  law  governing  election  and 

holding  of  office,  §  362. 
Powers  and   duties,  where  prescribed,   §   700. 
Repairs  upon  private  wharves,  act  authorizing,  p.  1098. 
Tolls,  penalty  for  failure  to  pay  by  false  returns,  etc., 

p.  1093,   Stats. 
Vacancy  in  office,  governor  to  fill,  §  1002. 

Of  Eureka. 

Appointment  and  terms  of  office,  §  2567. 


HARBOR    COMMISSIONERS.  lli»l 

Civil  engineer,  appointment  and  compensation,  §  2572. 

•Expenses,  how  paid,  §  2572. 

Harbor  master,  governor  to  appoint,  §   2570. 

Harbor  master,  penalty  for  disobeying  orders  of,  § 
2570. 

Harbor  master,  powers  and  duties  of,  §  2570. 

Harbor  master,  removal  of,  §  2570. 

Harbor  master,  salary  of,  §  2570. 

Mayor  is  ex-officio  member  of,  §  2567. 

Must  be  residents  of  Eureka,  §  2567. 

Number  of,  §  2567. 

Obstructions  and  encroachments,  penalties  for  failure 
to   remove,    §    2569. 

Obstructions  and  encroachments,  powers  and  duties 
as  to,  §  2569. 

Penalty   for  violating  rules  and  regulations,  §  2568. 

Powers  of,   §  2568. 

Private  bulkheads  not  to  be  erected  without  permis- 
sion, §  25691/2. 

Private  bulkheads,  work  on  to  be  done  under,  §  2569 1/^. 

Private  wharves,  piers,  etc.,  proceedings  to  obtain  per- 
mission to  erect,  §  2569%. 

Salaries  of  and  how  payable,  §  2572. 

Salaries  of  and  officers,  how  paid,  §  2572. 

Secretary,   appointment  of,    §   2571. 

Secretary,  duties  of,  §  2571. 

Secretary,  removal  of,  §  2571. 

Secretary,  report  of,  §  2571. 

Secretary,  report  of  bids  for  printing,  §   2571. 

Secretary,  salary  of,  §  2572. 

Secretary,  term  of  office,  §  2571. 

Vacancies,  filling  and  term  of  appointee,  §  2567. 

Of  San  Diego. 

Actions  to  recover  premises  or  money,  may  institute, 
§  2578. 

Application  to  maintain  or  to  continue  maintenance  of, 
wharf,  etc.,  how  made,  §  2606. 

Application  to  construct,  erect  or  extend  wharf,  etc., 
how  made,  §*  2606. 

Application  to  construct,  extend  or  maintain  wharf, 
etc.,  notice  of  and  hearing,  §  2606. 

Application  to  erect,  extend  or  maintain  wharves,  etc., 
permission,  conditions  of  and  limit  of,  §  2606. 

Application  to  erect,  etc.,  wharf,  revocation  of  per- 
mission and  purchase  of  wharf,  §  2606. 


HARBOR    COMMISSIONERS. 

Applications  granted  by  to  be  ratified  by   ordinance, 

§  2606. 
Appointment  and  term  of  office,  §  2575. 
Arrests,  disposition  of  fines,  §  2604. 
Arrests,  power  of  wharfingers  to  make,  §  2604. 
Attorney-general  to  advise  and  assist  without  charge, 

§    2608. 
Bonds  of,  §  2576. 
Bonds  to  run  to  people,  §  2599. 
Cannot  create  liability  against  state,  §  2607. 
Collections,  deposit  of  in  bank,  §  2584. 
Collecuons,  remitting  to  state  treasury,  §  2584. 
Contractors  to  be  citizens,  §  2598. 

Contracts  not  to  be  entered  into  without  funds,  §  2583. 
Contracts,  ofiicers  and  employees  not  to  be  interested, 

§  2577. 
Contracts,   signing   and   countersigning,   §   2583. 
Contracts,  validity  of,  §  2583. 
Control  of  entire  bay  with  improvements,   etc.,  have, 

§  2579. 
Demands,  drafts  and  warrants  for,  §  2585. 
Demands,  warrants  for,  §  2585. 
Dockage:  See  post,  Wharfage. 
Dredging,  embankments  and  seawall,  §  2579. 
Embankments,  streets,  seawalls,  wharves,  etc.,  a  pub- 
lic use,  §  2581. 
Eminent  domain,  power  may  be  used  in  constructing 

streets,  wharves,  seawalls,  etc.,  §  2581. 
Employees,  political  assessments  and  political  coercion, 

§    2577. 
Employees:    See  post,   Officers  and  Employees. 
Franchise   for   railroad   along   waterfront,   §   2606. 
Franchises   granted  by  to   be   ratified    by    ordinance, 

§  2606. 
Franchise  to  c;rect  and  maintain  wharf,  revocation  of 

and  purchase  of  wharf,  §  2606. 
Funds,  how  paid  out,  §   2584. 
Gold  ana  silver,  funds  to  be  collected  and  disbursed  in, 

§  2602. 
Improvement  fund,  accounts  and  books,  §  2590. 
Improvement  fund,  moneys  how  drawn  upon,  §  2585. 
Improvement  fund,  moneys  to  be  paid  into,  §  2584. 
Improvement  fund,    what    constitutes    and    how    kept, 

§§    2589,    2590. 
Leases   'or   marine  railways  and   dry  dock  purposes, 

§  2B79. 


HARBOR    COMMISSIONERS.  1W3 

Map  Of  waterfront,  to  prepare,  §  2576. 

iVTap  showing  cbange  of  survey  of  waterfront,  §  2593. 

Members,  ex-officio,  who  are,  §  2587. 

Moneys  paid  treasurer,  reports  of  and  receipts  for, 
§   258G. 

Must  be  qualified  electors  of  San  Diego  County,  §  2575. 

Number  of,  §  2575. 

Obstructions,  actions  to  remove,  may  maintain,  §  2578. 

Obstructions  to  navigation,  depositing  of  forbidden, 
§  2595. 

Obstructions,  removal  of, .  §  2578. 

Office  hours,  §  2577. 

Officers  of  and  appointment  of,  §  2576. 

Officers  of,  duties  of,  §  2577. 

Officers  of,  terms  of  office  and  removal,  §  2576. 

Officers,  vacancies  and  filling  of,  §  2576. 

Officers  and  employees  not  to  be  interested  in  vessels 
or  insurance,  §  2598. 

Officers  and  employees,  qualifications  of,  §  2598. 

Officers  and  employees  of,  salaries  of,  §  2607. 

Offices,  providing,  §  2577. 

Permission,  wharf,  etc.,  not  to  be  erected,  extended  or 
maintained  without,  §  2606. 

Permission  to  erect,  extend  and  maintain  wharf,  con- 
ditions of  and  limit  of  time  of,  §  2606. 

Permission  to  erect,  extend  or  maintain  wharf,  man- 
ner of  construction  and  leagth  of,  §  2606. 

Permission  to  erect,  etc.,  wharf,  etc.,  revocation  of 
franchise  and  purchase  of  wharf,  etc.,  §  2606. 

Permission  granted  by  to  be  ratified  by  ordinance, 
§  2606. 

Police  court  of  San  Diego  has  jurisdiction  over 
offenses,  §  2597. 

Powers  and  authority  of,  §  2579. 

President,  who  is  and  powers  and  duties  of,  §  2575. 

Purchase  of  wharf  erected  by  permission,  price,  how 
ascertained,  §  2606. 

Railroad  along  waterfront,  power  to  grant  franchise 
to  construct,  §  2606. 

Railroad  along  waterfront,  franchise  for  to  be  ratified 
by  ordinance,  §  2606. 

Railroads  on  seawall,  etc.,  control  of,  §  2591. 

Report  to  governor,  §  2592. 

Reports  of  and  receipts  for  moneys  paid  treasurer, 
§  2586. 

Rules  and  regulations,  §§  2579,  2606. 


HARBOR    COMMISSIONERS. 

Salaries  of  officers  and  employees,  §  2607. 

Salaries  of  employees  and  officers,  majority  to  fix, 
§  2607. 

Salaries  of  employees  and  officers,  state  not  liable  for, 
§  2607. 

Salary  of  secretary,  §  2607. 

Seal,    §    2600. 

Seawall,  advertisements,  proposals  and  contracts, 
§   2591. 

Seawall,  meetings  in  relation  to,  §§  2588,  2591. 

Seawall,  proceedings  for  construction  of,  §  2588. 

Secretary  to  be  elected  from  their  own  number,  §  2607. 

Special  police,  wliat  oflficers  to  be  appointed  as  and 
powers  of,  §  2603. 

Special  privileges  by  to  be  confirmed  by  ordinance, 
§   2606. 

Speed  of  horses  and  vehicles  on  wharves,  §  2596. 

State  dredgers  not  to  be  used  on  private  work,  §  2577. 

Statements  of  merchandise  discharged,  §  2604. 

Streets,  extending;  along  waterfront  of,  §  2580. 

Tolls,  fixing,  §  2606. 

To  retain  moneys  necessary  for  salaries  and  expenses, 
§   2584. 

Vacancy,  filling  of  and  term  of  appointee,  §  2575. 

Vouchers  for  moneys  expended,  §  2585. 

Wharves,  docks,  etc.,  application  for,  how  made,  § 
26o6. 

Wharves,  docks,  etc.,  application,  hearing  of,  §  2606. 

Wharves,  docks,  etc.,  franchise  for  proceedings  on  pur- 
chase of,  §  2606. 

Wharves,  docks,  etc.,  franchise  for,  terminating  per- 
mit and  purchasing  property,  §  2606. 

Wharves,  docks,  etc.,  franchise  to  build  to  be  ratified 
by  ordinance,  §  2606. 

Wharves,  docks,  etc.,  how  constructed,  §  2606. 

Wharves,  docks,  etc.,  permission  limited  to  twenty-five 
years,  §  2606. 

Wharves,  docks,  etc.,  permission  necessary  to  build,  § 
2606. 

Wharves,  docks,  etc.,  permit  for  not  to  interfere  with 
seawall,   §   2606. 

Wharves,  docks,  etc.,  permit  for,  time  for  commence- 
ment and  completion,  §  2606. 

Wharfage  and  dockage,  §  2579. 

Wharfage,  collected  in  gold  and  silver,  §  2602. 

Wharfage,  disposal  of,  §  2584. 


HARBOR    COMMISSIONERS.  lli)5 

Wharfage,  fixing  of,  §  2606. 

Wharfage,  limit  on  amount  of,  §  2582. 

Wharfage  not  to  be  collected  from  travelers,  §  2601. 

Wharfage,  not  to  be  collected  on  baggage,  etc.,  §  2C01. 

Wharfage,  rules  for  and  manner  of  collection,  §  2604. 

Wharfage,  time  of  payment,  §  2604. 

Wharfage,  who  liable  for,  §  2604. 

Wharfinger,  chief,  refusal  to  obey  orders,  punishment, 
§  2594. 

Wharves,  etc.,  application  to  erect,  maintain,  extend, 
etc.,  §  2606. 

Wharves,  construction  of,  §§  2579,  2580. 

Wharves,  construction,  manner  c.  and  length  of  wharf 
when  built  under  permission,  §  2606. 

Wharves,  constructions,  proposals  and  contracts,  § 
2579. 

Wharves,  etc.,  erected  by  permission,  revocation  of 
permission  and  purchase  of  wharf,  §  2606. 

Wharves,  obstructions,  powers  and  authority  in  rela- 
tion to,  §  2579. 

Wharves,  speed  of  horses  and  vehicles  on,  §  2596. 

Of  San   Francisco. 

Actions  for  property,  moneys,  to  remove  obstructions, 

§  2523. 
Amendments   of   laws   not   to   affect   pending   actions, 

rights,  etc.,  §  2551. 
Appointment  of,  §  252J. 
Appointment,   failure   of   senate   to   act   on  nominees, 

proceedings  on,  §  2520. 
Attorney-general  not  attorney  for,  §  472. 
Attorney-general    to   advise   and    assist   without    cost, 

§  2553. 
Board  constituted,  how,  §  2520. 
Bonds  of,  I  2521. 

Bonds  to  run  to  people  of  state,  §  2546. 
Compromise  of  litigation  over  portion  of  water  front, 

act  authorizing,  p.  1099. 
Condemnation    of    certain    property,    act    authorizing, 

pp.  1093,  1095. 
Contracts,    power    to    anticipate    revenue    in    making, 

§   2527. 
Contractors  to  be  citizens,  §  2545. 
Contracts,  advertisements,  bids  and  proposals,  §  2524. 


HARBOR    COMMISSIONERS. 

Contracts  generally,  §  2524. 

Contract  not  to  be  made  without  funds,  §  2527- 

Contracts,  signing:  and  countersigning,  §  2527. 

Demands,  drafts  and  warrants,  ior,  §  2529. 

Demands,  how  paid,  §  2529. 

Disposition  of  moneys  collected,  §  2528. 

Dockage:    See  post.  Wharfage. 

Dredging,    §    2524. 

East  street,  cct  authorizing  rectifying  alignment  of, 
p.  1093. 

Fishermen,  provision  for  and  fees  for,  §  2524. 

Free  public  market,  act  authorizing  establishment  of, 
p.  1095. 

Gold  and  silver,  revenue  to  be  collected  and  disbursed 
in,  §  2549. 

Governor  ex-officio  Lember  of  board,  §  2531. 

Hours  of  labor,  §  2545. 

Improvement  fund,  accounts  and  books,  §  2535. 

Improvement  fund,  of  what  consists,  §§  2533,  2535. 

Insurance  of  property,  act  authorizing,  p.  1094. 

Laborers,  qualifications  of,  §  2545. 

Lease  of  new  wharves,  etc.,  and  application  of  pro- 
ceeds to  cost  of  construction,  §  2527. 

Maps  of  Chang,  s  in  lines  of  waterfront  or  streets, 
§  2538. 

Mayor  ex-officio  member  of  board,  §  2531. 

Members  of  board,  governor  and  mayor,  ex-officio, 
§  2531. 

New  work,  po  /er  to  lease  and  apply  proceeds  "or  con- 
struction, §  2527. 

Number  of,   §   2520. 

Oaths  of  officers  and  emplovees,  may  administer,  § 
2520. 

Obstructions  not  to  be  placed  in  bay  or  on  wharf, 
§  2524. 

Obstructions,  penalty  for  not  removing,   §   2524. 

Obstructions,  power  to  remove,  §  2523. 

Obstructions  to  navigation,  punishment  for  depositing, 
§  2542. 

Offenses,  police  judges  of  San  Francisco  to  have  juris- 
diction of,  §  2544. 

Officers,  bonus  of,  §  2522. 

Officers  of,  duties  of,  §  2522. 

Officers  of,  oaths  of,  §  2522. 

Officers,  political  contributions  or  political  coercion, 
§  2522. 


HARBOR   COMMISSIONERS.  U97 

Officers,  qualifications  of,  §  2545. 

Officers,  removal  of,  §  2522. 

Officers,  removal  for  cause,  §  2521. 

Officers,  terms  of  office,  §§  2521,  2522. 

Officers  to  be  appointed,  enumeration  of,  §  2521. 

Officers  and  employees,  salaries  of,  §  2552. 

Powers  and  duties  of,  enumeration  of,  §  2524. 

President,  powers  and   duties  of,  §  2520. 

President,  who  to  act  as,  §  2520. 

Rents,  application  of  to  cost  of  construction  of  new 
work,  §  2527. 

Reports  of  receipts  and  expenditures,  §  2537. 

Revenue,  anticipation  of  in  making  contracts  for  new 
work,  §  2527. 

Rules  and  regulations,  §  2524. 

Seal  of,  §  2547. 

Seawall,  §  2524. 

Seawall,  meetings  in  relation  to,  §§  2532,  2536. 

Seawall,   proceedings   relating  to,   §   2532. 

Seawall,  proposals  and  contracts  for  construction  of, 
§    2536. 

Special  police,  appointment  of  officers  as  and  powers 
of,  §  2550. 

Speed  of  horses  and  vehicles  on  wharves,  §  2543. 

Street  along  waterfront,  extension  of  sewers  across, 
§  2525. 

Streets  along  waterfront,  maintenance,  use  and  wharf- 
age, §  2525. 

Streets,  extension  of  along  waterfront,  §  2523. 

Terms  oi  office,  §  2520. 

Vacancies,  filling,  §  2520. 

Vacancies,  how  filled  and  term  ot  appointee,  §  2521. 

Vacancies,  term  of  office  of  appointee,  §  2520. 

Vouchers  for  moneys  expended,  §  2529. 

Waterfront,  description  of,  §  2524. 

Waterfront,  to  have  possession  and  control  of,  §  2524. 

Wharfage,  disposition  of  moneys  collected,   §   2528. 

Wharfage,  limit  of  money  to  be  collected,  §  2526. 

Wharfage,  not  to  be  collected  from  travelers,  §  2548. 

Wharfage  not  to  be  collected  on  baggage,  etc.,  §  2548. 

Wharfage,  powers  over,  §  2524. 

Wharfage,  reports  of  payments  into  treasury  and  re- 
ceipts,   §   2530. 

Wharfage,  reports  of  receipts  and  expenditures,  §  2537. 

Wharfage  to  be  collected  and  disbursed  in  gold  and 
silver,  §  2549. 


1198  HARBOR     COMMISSIONERS— HEALTH. 

Wharfinger,  assistant  chief,  office  of,  §  2539. 

Wharfinger,  chief,  duties  as  to  abandoned  craft,  §  2540. 

Wharfinger,  chief,  office,  powers  and  duties  of,  §  2539. 

Wharfinger,  chief,  refusal  to  obey  orders,  punishment, 
§   2541. 

Wharves,  construction,  location  and  length,  §  2524. 

Wharves,   powers   in   construction  of,   §   2525. 

Wharves,   bulkheads,   etc.,  anticipation  of  revenue  Id 
construction  of,  §  2527. 

Wharves,  bulkheads,  etc.,  lease  of  and  applying  pro- 
ceeds on  cost  of  construction,  §  2527. 
HEALTH,  board  of,  powers  and  duties,  where  prescribed, 
§   704. 

Board  of.  city,  report  to  state  board  of  contagious  and 
infectious  diseases,  §  2984. 

Board  of,  city,  to  enforce  regulations  of  state  board, 
§   2984. 

Bubonic  plague  or  Asiatic  cholera,  duty  of  local  boards 
of  health  as  to,  §  2979a. 

Certificates   of  marriages   and   births,   registration  of, 
forms  and  instructions,  §  3080. 

Contagious  or  infectious  diseases,  duty  of  local  boards 
of  health  as  to,  §  2979a. 

Immigrants,   inspection  and  examination  of  by   immi- 
gration commissioner,  §  2955. 

Report  of  violations  of  laws  to  state  board,  §  2984. 

State  board  of  health. 
Appointment  and  term  of  office,  §  2978. 
Asiatic  cholera  or  bubonic  plague,  cases  of  to  be  re- 
ported to,  §  2979a. 
Bubonic  plague  or  Asiatic  cholera,  powers  regarding, 

§  2979a. 
Bureau  of  vital  statistics,  assistants,  appointment  and 

compensation,  §  3075. 
Bureau  of  vital  statistics,  duty  of  secretary  in  relation 

to.  §  3074. 
Bureau  of  vital  statistics,  statistician,  appointment  and 

duties,  §  3075. . 
Bureau   of   vital   statistics,    statistician,   compensation 

and  term  of  office,  §  3075. 
Bureau  of  vital  statistics,  to  maintain,  §§  2979,  3074. 
Certificates  of  births  and  marriages,  transmitting,  duty 

of  state  registrar,  §  3078. 
Certificates  of  births    and    marriages,  transmitting  to 

state  registrar,  §  3078. 


Certificates  of  marriage  and  births,  incorrect,  correc- 
tion of  and  duty  on,  §  3081. 

Consists  of  seven  licensed  and  practicing  physicians,  § 
2978. 

Compensation,  members  receive  no,  §  2981. 

Consists  of  seven  physicians,  §  2978. 

Contagious  or  infectious  diseases,  cases  of,  to  be  re- 
ported to,  §  2979a. 

Contagious  or  infectious  diseases,  powers  regarding, 
§  2979a. 

Duties  of,  enumerated,  §   2979. 

Governor  appoints  members  of,  §§  368,  2978. 

Intoxicating  liquors,  to  report  on  effect  of  and  legis- 
lation necessary,  §  2980. 

Meetings,  where  to  be  held  and  how  often,  §  2981. 

Neglect  or  refusal  of  duty  by  officer,  a  misdemeanor, 
§  3082. 

Powers  and   duties   of,   enumerated,   §   2979. 

President,  election  of,  §  2981. 

Regulations  of,  enforcement  of  by  local  boards  or 
health  officer,  §  2984. 

Report,  biennial,   §   2979. 

Report  of  contagious  or  infectious  diseases  to,  §  2984. 

Report  of  violations  of  laws  to,  §  2984. 

Secretary,  board  to  elect,  §  2981. 

Secretary,  duties,  salary  and  expenses  of,  §§  2982,  3074. 

Secretary,  a  member  of  state  commission  in  lunacy, 
§  2136. 

Secretary,   salary   and   expenses,   §   2982. 

Secretary  to  reside  at  Sacramento,  §  2981. 

State  registrar  of  vital  statistics,  duties  of,  §  3074. 

State  registrar  of  vital  statistics,  secretary  is,  ex-of- 
ficio,  §  3074. 

State  registrar,  certified  copies,  as  evidence,  §  3083. 

State  registrar,  certified  copies  of  records  of  births 
or  marriages,  to  furnish,  §  3083. 

State  registrar,  duty  to  examine  certificates  of  mar- 
riages and  births,   §  3081. 

State  registrar,  duty  to  give  information  to  as  to  mar- 
riages and  births,  §  3081. 

State  registrar,  fees,  account  of,  §  3083. 

State  registrar,  fees  for  searches  and  certified  copies, 
§  3083. 

State  registrar,  incorrect,  certificates  of  marriages  or 
births,   further   information,    §   3081. 

State  registrar  to  prepare  forms  and  instructions  for 
certificates  of  marriages  and  births,  §  3080. 


K)  HEALTH. 

Term  of  office  of,  §§  369,  2978. 

Traveling  expenses  allowed  members,   §  2981. 

Vital  statistics,  §  2979. 

Board  of  health  of  San  Francisco. 

Actions  in  whose  name  maintained,  §  3032. 

Autopsies,  assistant  city  physician  or  police  surgeons 
to  per:orm,  §  3025. 

Births,  record  of,   ,  3023. 

Births,  returnb  of,  §  3024. 

Board  of  health  consists  of  whom,  §  3005. 

Board  of  health,  general  powers  of,  §  3012. 

Board  of  health,  meetings  of,  §  3006. 

Board  of  health,  members  hold  office  for  five  years, 
§  3005. 

Board  of  health  meetings  of,  §  3006. 

Board  of  health,  meetings,  chairman  elected  in  ab- 
sence of  president.   §   3006. 

Board  of  health,  members  appointed  by  governor,  § 
3005. 

Board  of  health,  members  to  reside  in  San  Francisco, 
§  3005. 

Burial,  permit  necessary,  §  3025. 

City  cemetery,  board  of  health  have  charge  of,  §  3034 

City  cemetery,  superintendent,  appointment  and  sal- 
ary, §  3034. 

Death,  certificate  of  physician,  §  3025. 

Deaths,  record  of,  §  3023. 

Deaths,  returns  of,  §  3024. 

Disinterment  or  removal,  permit  necessary,  §  3027. 

Disinterment,  permit  necessary,  §  3025. 

Fees,  duty  of  health  officer  to  pay  over,  §  3029. 

Fees,  health  officer  to  keep  book  of  fees,  §  3029. 

Health  officer  allowed  expenses  of  office,  §  3011. 

Health  officer,  bond  of,  §  3030. 

Health  officer,  election,  term  of  office,  qualifications 
and  residence,  §  3007. 

Health  officer,  powers  of,  §  3008. 

Home  of  inebriate  r;  and  dipsomaniacs,  §  30221/^. 

Hospitals  at  or  near  Saucelito,  power  to  provide  and 
maintain,   §   3022. 

Households  to  report  certain  cases  and  deaths,  §  3034. 

Interments,  duties  of  health  officer  as  to,  §  3025. 

Interments,  record  or,  §  3023. 

Nuisance,  penalt,>   for  maintaining,  §  3028. 


HEALTH.  1201 

Nuisance,  po,ver  of  board  of  health  in  relation  to, 
§  3028. 

Oaths,  what  officers  may  administer,  §  3031. 

Officers  and  employees,  power  of  removal,  §§  3009, 
3012. 

Officers  and  employees,  salaries  of  and  how  paid, 
§  3010. 

Officers  and  employees,  what  to  appoint,  §§  3009,  3012. 

Offices,    supervisors   to   provide   proper,    §    3011. 

Physicians  to  report  certain  cases  immediately,  §  3034. 

Reports  .o  be  made  of  certain  cases  and  deaths,  §  3034. 

Superintendents  of  cemeteries  to  return  names  of  per- 
sons interred  or  deposited,  §  3026. 

Vacation  of  infected  and  dangerous  houses,  §  3033. 

Vaccination  of  passengers  from  infected  ports,  §  3021. 

Board  of  health   of  Sacramento. 

Death  records,  duty  of  board  of  health,  §  3046. 

Expenses,  how  paid,  §  3048. 

General  powers  of   §  3044. 

Members  hold  offices  at  pleasure,  §  3043. 

Number  and  qualifications  of  members,  §  3042. 

President  of  trustees  is  ex-officio  president  of,  §  3042. 

Trustees  fix  compensation,  §  3049. 

Trustees  may  establish  by  ordinance,  §  3042. 

Health  officer  to  be  appointed  when,  §  3047. 

Health  officer,  trustees  fix  compensation,  §  3049. 

Pest  houses,  §  3045.  ■ 

Regulations  of  physicians,  undertakers  and  cemeteries, 

§  3046. 
Rules   and   regulations,  board   of  health  may   pass,   § 

3044. 
Rules    and    regulations,    trustees    of    city    to    enforce, 

§   3047. 

Boards  of  health  of  other  cities  and  towns. 

Boards  of  health,  members  hold  office  at  pleasure, 
§    3061. 

Boards  of  health,  number  of  members,   §  3061. 

Boards  of  health,  powers  and  duties  of,  enumeration, 
§  3061. 

Boards  of  health,  qualifications  of  members,  §  3061. 

Board  of  health,  supervisors  of  incorporated  towns  to 
establish,  §  3061. 

Compensation  of  health  board  and  health  officers,  su- 
pervisors to  fix,  §  3064. 

Pol.    Code — 76 


1202  HEALTH. 

Expenses,  liability  for  and  how  paid,  §§  3063,  30(54. 
Health  officer   appointed   by   oupervisors,  powers   and 

duties,   §   3062. 
Proceedings  where  supervisors  fail  to  appoint  health 

board  or  health  officer,  .§  3064. 
Supervisors  mav  adopt  provisions  of  statute  relating 

to,   §§   3059,   3060,   3061. 
Supervisors    may    appoint   health    boards    and    health 

officers.  §§  3059,  3060. 
Supervisors    may     appoint    health    officer   instead   of 

board  of  health,  §  3062. 

Vaccine  agent. 

Compensation  of,  §  2994. 

Governor    appoints,   §    368. 

Term  of  office  of,  §  369. 

To  obtain  and  preserve  supply  of  genuine  vaccine  mat- 
ter,   §    2993. 

To  supply  genuine  vaccine  matter  to  physicians,  § 
2994. 

What  ^ay  charge  for  vaccine  matter,  §  2994. 

Lepers. 

Compelled  to  live  in  lazarettos,  §  2952. 

Leper  quarters,  superintendent  to  make  quarterly 
statements,  §  2952. 

Leper  quarters  to  be  kept  in,  §  2955. 

Leprosy  fund,  moneys  received  from  immigration  com- 
missioner to  constitute,  §  2969. 

Powers  and  duties  of  immigration  commissioners  as 
to,   §    2955. 

Report  of  immigration  commissioner  as  to,  §  2955. 

Salaries  and  expenses  of  immigration  commissioner  in 
excess  of  leprosy  fund  not  to  be  audited,  §  2969. 

Supervisors  authorized  to  provide  for  separation  of, 
§    2952. 

Health    Officers. 

Certificates  of  marriage  and  births,  recording,  man- 
ner of  and  duty  of  officer,  §  3078. 

Compensation  for  recording  certificates  of  marriages 
and   births  and  how  paid,  §  3079. 

Registrar  of  vital  statistics  in  cities  with  charters,  §§ 
3077.   3078. 

To  enforce  regulations  of  state  board,  §  2984. 


HEALTH— HIGHWAYS,   I-III.  1203 

To  record  certificates  of  marriages  and  births  without 

charge,  §  3078. 
To   report   contagious   or   infectious    diseases   to   state 

board,  §  2984. 
To  report  violations- of  laws  to  state  board,  §  2984. 
To  transmit  certificates  monthly  to  state  registrar,   § 

3078. 
HIGH  SCHOOLS:  See  Schools,  XV: 

HIGHWAYS. 

I.     What  are;    definition. 
II.     Rights  in  and  title  to. 

III.  Lands,  how  acquired;   deeds;  dedication;   user, 

IV.  Supervisors,   powers  and   duties  of. 
V.     Commissioners  and  overseers. 

VI.  Laying  out  of. 

VII.  Width  of. 

VIII.  Contracts;  claims. 

IX.  Trees  on. 

X.  Guide-posts  and  mile-stones. 

XI.  Sidewalks  and  sidepaths.  ' 

XII.  Obstructions  and  injuries. 

XIM.  Taxes  and  funds. 

XIV.  Road  register. 

XV.  Road  districts. 

XVI.  Permanent  road  divisions. 

.XVII.  Nonresidents.  • 

XVIII.  Law  of  the  road. 

XIX.  Vacation  and  abandonment  of. 
See  Streets. 

I.  What  are;  definitions. 
Definition    of,    §    2618. 
Enumeration  of,  §  2618. 
What   are,    §    2618. 

II.  Rights  in  and  title  to. 

Easement,  public  acquire  only  in,  §  ^631. 

Title,   public   acquire  on   right  of  way  and   necessary 

incidents,  §  2631. 
Title  to  road  opened  by  supervisors,  §  2623. 

III.  Lands  hew  acquired;   deeds;   dedication;   user. 
Dedication,  route  over  another's  land  does  not  become 

highway,   §   2621. 


1204  HIGHWAYS,    IV-VI. 

District  attorney  to  bring  suits  for  lands  for  flumes, 

etc.,  to  carry  off  storm  waters,  §  2G96. 
Floods  and  storms,  flumes,  ditches  and  canals  to  carry 

off  storm  waters,  lands  acquired  how,  §  2G96. 
Instrument  conveying  right  of  way  for  to  be  recorded, 

§    2693. 
Manner  of  procuring  land  for  protection  of,  §  2696. 
User,    route   over   another's   land   when   only    becomes 

highway,  §  2621. 

IV.  Supervisors,  powers  and  duties  of. 

Fences  along  roads  where  right  of  way  given,  may  con- 
struct, §  2647.     ■ 
Have  general  supervision  over,  §  2643. 
Powers  and  duties  respecting,  enumeration  of,  §  2643. 

V.  Commissioners  and  overseers. 

Commissioners  are  public  officers,  §  4103. 

Commissioners,  duties  of,  generally,  §  4304. 

Commissioner,  oaths,  may  administer,  §  4118. 

Commissioners  of  respective  districts  to  recover  pen- 
alties or  forfeitures,  §  2743. 

Commissioners,  powers  and  duties,  §  2645. 

Commissioner,  salary  of,  §  2641. 

Commissioner,  salary  paid  at  close  of  each  quarter, 
§  4344. 

Commissioner,  supervisor  is  ex-oflBcio  in  his  district, 
§  2341. 

Overseer,  authority  to  order  out  persons  to  extinguish 
fire,  §  3345. 

Overseers,  duties  of.  generally.  §  4304. 

Overseer,  office  of  abolished,  §  2642. 

"Road  over.-^eer"  construed  to  mean  road  commissioner, 
§  2642. 

VI.  Laying  out  of. 

Bond  to  accompany  petition,  §  2683. 

By-roads,  how  laid -out,  §   2692. 

Canals  and  ditches,  proceedings  where  railroad  crosses, 

§  2694.- 
Damages,  awards,  how  paid,  §  2691. 
Damages  awarded  to  be  set  apart  in  treasury,  §  2689. 
Damages,  awarding  to  nonconsenting  owners,  §  2688. 
Damage.s,  deposit  of  amount  of  in  treasury,  §  2689. 
Damages,  failure    to    accept    award    within    ten    days 

deemed  a  rejection,  §  2690. 


HIGHWAYS,    VI,    VII.  1205 

Damages,  refusal  of  award,  suits,  §  2690. 
Damages,  return  of  moneys  when  not  accepted,  §  2689. 
Damages  where  railroad,  canal,  or  ditch  crossed,  §  2694. 
Decree  conde.nning  right  of  way  to  be  recorded,  §  2693. 
District    attorney,    suits    by,    effect   of    informality    of 

proceedings,  §  2690. 
District  attorney  to  institute  suits  against  non-accept- 
ing owners,  §  2690. 
Expenses,  how  paid,   §   2691. 
Fences,  removal  of,  §  2695. 

Informality  in  proceedings,  effect  on  suits.  §  2690. 
Instrument   conveying    right   of   way   to   be   recorded, 

§   2693. 
Manner  of  procuring  land  for  protection  of,  §  2696. 
Petition  for,  who  may,  §  2681." 

Petition,  number  and  qualifications  of  signers,  §  2681. 
Petition  to  be  accompanied  with  bond,  §  2683. 
Petition  to  set  forth  what,  §  2682. 
Private  roads,  how  laid  out,  §  2692. 
Railroad,     proceedings     and     rights     where     highway 

crosses,  §  2694. 
Report  of  viewers,  approval  or  rejection  of,  §  2688. 
Road  not  permitted  through  grounds  of  state  hospitals, 

§  2146. 
Road  on  diviriing  line  between  counties,  proceedings  in 

case  of,  §  2681. 
Surveyor,  compe-oatiou  of,  §  2687. 
To  be  ditched  on   sides   and    have    proper   sewerage, 

§  2793. 
Viewers,  compensation  of,  §  2687. 
Viewers,  duties  of,  §  2686. 
Viewers,    majority    may   act,    §    2685. 
Viewers,  one  to  be  surveyor,  §  2684. 
Viewers,  qualifications  and  oaths,  §  2685. 
Viewers,  report  of,  what  to  contain,  §  2686. 
Viewers,  rep    t  of,  hearing  of,  §  2688. 
Viewers,   report   of,   notice    of   hearing,    contents   and 

publication,  §  2688. 
Viewers,  report,  troceedings  on  approval  of,  §  2689. 
Viewers,  supervisors  to  appoint,  §  2684. 
"Width  of  road,  §  2681. 

VII.     Width  of. 
Width  of,  §  2681. 

39 


1206  HIGHWAYS.    VII-XH. 

Width  of  existing  not  to  be  increased  or  diminished, 

§  2620. 
Width  of  private,  §  2620. 
Width  of  public,  §  2620. 

VIII.  Contracts;  c    ims. 

Claims  for  labor,  report  of  foreman  sufficient,  §  2644. 
Claims  for  labor,  reports,  supervisors  may  make  rules 

regulating,  ?  2644. 
Claim  for  labor  to  show  nature  of,  items,  etc.,  §  2644. 
Contracts,  allowances,  etc.,  in  violation  of  statute  void, 

§  2651. 
Contracts  for  work,  how  let,  §  2643. 
Contracts,  performance  and  payment,  §  2643. 
Officers  allowing  or  paying  illegal  claims  void,  §  2651. 
Supervisors  allowing    claims    in  violation    of    statute 

void,  §  2651. 
Surveyor,  duty  of  county,  in  relation  to,  §  2643. 

IX.  Trees  in. 

Felling  into  highway,  penaltv  for  failure   to  remove, 

§  2740. 
How  set  out,  §   2633. 

Ornamental,  injury  to,  punishment  of,   §  2742. 
Right  of  adjrming  owner  to  plant,  §  2633. 
Willful  injury  to,  punishment  for,  §  2633. 

X.  Guide-posts  and  mile-stones. 
Guide-posts,  injuries  to,  punishment  of,  §  2738. 
Guide-posts,  supervisors  to  erect,  §  2738. 
Mile-stoces,  injuries  to,  punishment  of,  §  2738 

XI.  Sidewalks  and  sidcpaths. 

Sidepaths,  expense  of  erecting  and  maintaining,  §  2643. 
Sidepaths  for  pedestrians  or  bicycles,  supervisors  may 

set  apart,  §  2343. 
Sidewalk,  penalty  for  using  with  horse  or  team,  §  2632. 
Sidewalk,  right  of  adjoining  owner  to  construct,  §  2632. 

XII.  Obstructions  and   injuries. 

Any  one  may  notify  person  to  remove,  §  2739. 

Carcasses,  refuse  r  waste  matter,  depositing  a  misde- 
meanor, §  2737. 

Ditches  or  dams,  diverting  waters  on  highways  by, 
penalty,  §  2737. 

Encroachments,  abatement,  judgment  and  penalty, 
§  2734. 


HIGHWAYS,  Xn,  Xni.  1207 

Encroachments  by  fences,  buildings,  etc.,  overseer 
may  require  removal,  §  2731. 

Encroachments,  denial  of  and  refusal  to  remove,  pro- 
ceedings to  abate,  §  2734. 

Encroacl  nent,  failure  to  remove  after  notice,  forfeit- 
ure, §§  2733,  2734,  2735. 

Encroachments,  overseer  to  remove  on  neglect  of 
owner,  §   2733. 

Encroachments,  removal  by  overseer,  §§  2733,  2735. 

Failure  to  remove  after  notice  by  private  person, 
punishment,  §  2739. 

Floods  and  storm  waters,  supervisors  may  adopt  meas- 
ures for  protection  from,  §  2G43a. 

Gates,  leaving  open,  damages  for,  §  2736. 

Gates  on,  expense  of  maintenance,  §  2736. 

Gates  on,  right  to  erect,  §  2736. 

Gates,  unnecessarily  riding  over  adjoining  ground, 
damages,  §  2736. 

Guide-posts,  injuries  to,  punishment  of,   §  2738. 

Notice  to  remove  encroachment,  §  2732. 

Mile-stone,  injuring,  punishment  for,   §  2738. 

Road  overseers  of  respective  districts  to  recover, 
§  2743. 

Trees," felling  into  highway,  penalty  for  failure  to  re- 
move, §  2740. 

Waters,  diverting  or  draining  waters  on  highways, 
penalty  for,  §  2737. 

Water,  overflowing  or  seepage  upon,  duty  to  repair, 
§   2737. 

XIII.     Taxes  and  funds. 

See  Taxation,  XIII. 

Floods  and  storms,  apportioning  taxes  for  protection 
from,  §  2643a. 

Floods  and  storms,  special  tax  to  protect  highways 
from,   §  2643a. 

General  road  fund,  apportionment  of  portion  of  road 
tax  to,  §§  2651,  2652. 

General  road  fund,  contracts,  allowances,  etc.,  in  vio- 
lation of  act  void,  §  2651. 

General  road  fund,  moneys  applied  to  what  purposes, 
§  2651. 

General  road  fund,  officers  allowing  illegal  claims  li- 
able, §  2651. 


1208  HIGHWAYS,    XHI-XVI. 

General  road     fund,  reapportionment  at  end    of    year, 

§  2651. 
General  road  fund,  supervisors  may  establish,  §  2651. 
National  Guard,  exemption  of  members  of,  from  road 

tax,   §  2098. 
Property  tax,  how  expended,  §  2655. 
Property  tax,  limit  on  rate  of,  §  2653. 
Property  tax,  supervisors  to  estimate  and  levy,  §  2653. 
Property  tax,  time  of  levy,  §  2654. 
Property  tax,  who  to  levy  and  assess,  §  2654. 
Road  poll  tax,  amount  of,  §  2652. 
Road  por  tax,  collection  of,  §  2652. 
Road   poll  tax,   corporations'  liability   where  assessed 

against  employees,  §  2671. 
Road    poll  tax,    employers'     liability    where    assessed 

against  employees,  §  2671. 
Road  poll  tax,  how  expended,   §  2655. 
Road  poll  tax,  receipts,  §  2652. 

Road  poll  tax,  supervisors  may  levy  annually,  §  2652. 
Road  poll  tax,  who  subject  to,  §  2652. 
Road  tax,  exemption  of  firemen,  §  3337. 
Special  lax,  to  protect  highways  from  flood,  §  2643a. 

XIV.  Road  register. 

Clerk  of  supervisors  to  keep,  §  2622. 
Clerk  of  supervisors  to  keep  record  of  proceedings  re- 
lating to,  §  2622. 
What  to  show,   §  2622. 

XV.  Road  districts. 

Boundaries,  supervisors  may  change,  §  2641. 

Compensation  of  supervisor  as  road  commissioner, 
§  2641. 

Counties  to  te  divided  into  as  many  districts  as  super- 
visors, §  2641. 

Each  supervisor  ex-ofRcio  road  commissioner  in  his 
district,  §  2641. 

Floods  and  storms,  establishment  of  district  to  protect 
highways  from,  §  2643a. 

Supervisors  to  divide  counties  into,  §  2641. 

Toll  roads,  purchase  of  by,  county  general  fund  may 
be  used  for  when,  §  2712. 

XVI.  Permanent  road  divisions. 

Any  portion  of  county  may  be  formed  into,  §  2745. 
Boundaries,  changes  in  and  notice  of,  §  2749. 


HIGHWAYS,    XVI.  1209 

Boundaries  establisherl  by  board  are  permanent  boun- 
daries, §  2750. 

Boundaries  established  by  board  to  be  boundaries  of, 
§  2749. 

Boundaries,  misdescription,  correction  of,  §  2750. 

Boundaries,    notice    of    hearing    report    of    surveyor, 
§  2750. 

Expenses  of  organization  and  election  a  county  charge, 
§   2772. 

Fund,  moneys  remainins^  in  after  work  complete,  dis- 
position of,  §  2771. 

Fund,  permanent  road  fund,  what  constitutes,  §  2753. 

Fund,  return  of  when  majority  vote  against  tax,  §  2758. 

Funds,  reversion  of  where  election  for  bonds  not  car- 
ried, §  2767. 

Funds,  setting  apart  of  for  road,  §  2753. 

Lapse  when,  §  2771. 

Permanent  road  bonds,  coupons,  §§  2765,  2766. 

Permanent  road  bonds,  election,   ballots,  §  2763. 

Permanent  road   bonds,  election,   duty  of  supervisors 
where  two-thirds  favor,  §  2764. 

Permanent  road  bonds,  election  how  conducted,  §  2763. 

Permanent    road     bonds,     election,     informalities     in, 
§  2764. 

Permanent  road  bonds,  election,  notices  of  what  to  con- 
tain, §  2762. 

Permanent  road  bonds,  election  not  carried,  reversion 
of  funds,  §  2767. 

Permanent  road  bonds,  election,  officers  to  certify  re- 
sult, §  2764. 

Permanent  road   bonds,    election,    polling-places    and 
election  districts  and  precincts,  §  2761. 

Permanent  road  bonds,  election,  posting  and  publish- 
ing notices,  §  2761. 
.  Permanent  road  bonds,  election  when  called,   §   2760. 

Permanent    road    bonds,     from     of    and    maturity     of 
§§    2765,    2766. 

Permanent  road  bonds,  interest,  §§  2765,  2766. 

Permanent  road  bonds,  limit  upon  amount  of,  §  2764. 

Permanent  road  bonds,  sale  of,   §   2766. 

Petition  for  affidavit  of  valuation  to  accompany,  §  2747. 

Petition  for  formation  may  be  presented  to  supervisors 
§  2746. 


1210  HIGHWAYS,    XVl-XVIII. 

Petition  for  construction  or  improvement  of  roads 
may  be  filed,  §  2751. 

Petition  for  hearing  and  adjournment,  §  2749. 

Petition  for  improvements,  duty  to  prepare  plans  on 
receipt  of,  §  2752. 

Petition  for  improvements,  what  to  contain,  §  2751. 

Petition  for,  presentation,  publication  and  notice, 
§  2748. 

Petition  for,  what  to  contain,  §  2746. 

Petition  for,  who  to  sign,  §  2746. 

Roard  work,  contract,  to  be  done  by,  §  2768. 

Road  work,  contract  to  be  done  by,  §  2768. 

Road  work,  contract  to  be  let  to  lowest  bidder,  §  2768. 

Road  work  inspectors,  appointment  before  opening 
bids,    §    2769. 

Road  work,  inspectors,  duties  of,  and  report,  §  2769. 

Road  work,  payment,  final,  not  to  be  made  until  ac- 
ceptance,  §   2770. 

Road  work,  payments  on  account,  §  2770. 

Road  work,  proceedings  where  work  unsatisfactory, 
§  2769. 

Special  road  tax,  computation,  levy  and  collection  of, 
§  2759. 

Special  road  tax,  duty  of  board  with  regard  to,  §  2754. 

Special  road  tax,  election  for,  §  2754. 

Special  road  tax,  election  for,  ballots,  §§  2756,  2757. 

Special  road  tax,  election,  how  conducted,  §  2756. 

Special  road  tax,  election,  notices  of  what  to  contain, 
§  2755. 

Special  road  tax,  election,  officers  to  certify  result, 
§   2758. 

Special  road  tax,  election,  return  of  fund  where  ma- 
jority against,  §  2758. 

Special  road  tax,  majority  favoring,  supervisors  to 
levy   tax,   §    2759. 

Special  road  tax,  notices  of,  posting  and  publishing  of, 
§  2754: 

XVII.  Non-residents. 

Obstructions   and   injuries,   notice,   service   of  on  non- 
residents, §  2744. 
Service  of  notices  on,  §  2744. 
Treated  as  non-consenting  land  owners,  §  2744. 

XVIII.  Law   of   the    road. 
Center  of  road,  what  is,  §  2931. 


HIGHWAYS,    XVIII,  XIX— HIGHWAYS.  12U 

Cities,  coaches  aud  carriages  in,  highway  law  does  not 

apply  to,  §  2937. 
Driver,  negligence  of,  liability  of  owner  for,  §  2936. 
Driver  to  fasten  horses  while  standing,  §   2934. 
Drivers  to  turn  to  the  right,   §  2931. 
Intoxicated    driver,   duty   to    discharge    after    notice, 

§  2933. 
Intoxication,  driver  addicted  to,  punishment  of,  §  2932. 
Penalties  for  violating,  how  and  by  whom  recovered, 

§   2935. 
Penalties  for  violating,  time  to  sue  for,  §  2935. 
Where  vehicles  meet,  §  2931. 

XIX.     Vacation  and  abandonment  of. 

Abandonment,  highways  once  established  continue  un- 
til, §  2619. 

Continue  until  abandonment,  §  2619. 

Vacated,  highway  not  to  be   until  ordered  by  super- 
visors, §  2621. 

Vacated,  road  laid  out  by  supervisors,   not,  until  or- 
dered by  board,  §   2623. 
HOLIDAYS,  act  to  be  performed  on  may  be  done  on  next 
day,  §  13. 

Last  day  falling  on,  §  12. 

Process,  issuance,  filing  and  service    of    on    Saturday 
afternoon,   §   10. 

Recording  of  instruments  on  Saturday  afternoon,  §  10. 

Saturday  half  holiday,   §   10. 

Sunday,  holi.  ays  falling  on,  §§  10,  11. 

What  -days  are,  §  10. 
HOME    FOR    FEEBLE-MINDED   CHILDREN:    See  Insane 
Asylums,  XVIII. 

Admission  to,  procedure  for,  §  2192. 

Applicant's  admission  to  without  commitment,  §  2194. 

Auditor  and   treasurer,   duties  as  to  moneys  due  for 
support  of  patients,   §  2193. 

Commitment,   applicant  may   be   admitted   to   without 
when,  §  2194. 

Contingent  fund  consists  of  what,  §  2158. 

Contingent  fund,  how  expended,  §   2158. 

Discharge  of  patients,  §  2189. 

Escape  of  patient,  duty  of  sheriff,  §  2190a. 

Expense  of  patient  at,  estate  or  relatives  of,  liability 
for,  §  2187. 

Facilities  to  be  furnished  to,  §  2145. 


1212  HOME  FOR  FEEBLE-MINDED  CHILDREN. 

Life  tenure  inmates,  supp:  rt  of,  §  2195. 

Moneys  received  :  om  coundes  for  support  of  patients, 
disposition  rf,  §  2192. 

Object  of,    §    2145. 

Superintendent,  aanual  report  of,  §  2153. 

Superintendent,  monthly  report  of,  §  2153. 

Support  of  applicants  admitted  without  commitment, 
disposition  of  moneys,   §   2194. 

Support  of,  inmates  who  are  self-supporting  by  labor 
or  have  paid,   §  2195. 

Support  of  patient,  action  for  money  due  for,  §  2194. 

Support  of  patient  by  county,  §  2192. 

Support  of  patient  out  of  estate  or  by  relative,  §  2192. 

Transfer  of  patients  from  insane  asylum,  §  2187. 

Transfer  of  patients  to  insane  asylum,   §  2187. 

What  person.3  to  be  received  and  cared  for,  §  2145. 
HOME   OF    INEBRIATES.        Home   of  Inebriates  in   San 
Francisco,    act    relating    to    continued    in    force, 
§  19. 
HOSPITALS,    county,    expenses    in    support    of    a   county 
charge,  §  4344. 

In  time  of  epidemics,  §§  3C22,  3045. 

Municipa.1  authorities  to  maintain,  §  4408. 

Persons  dying  in,  may  be  dissected,  §  3094. 

Tax:   See  Taxation,  XIV. 

See  Insane  Asylums. 
HOURS,  office:  See  Offices  and  Officers. 
HOURS  OF  LABOR.     Eight  hours  constitute  a  day's  work, 
§§  3244,  3245. 

Office  hours  of  county  officers,  §  4116. 

On  water  front  of  San  Francisco,  §  2545. 

Public  contracts  to  contain  stipulation  for  eight  hour 
day,  §  3245. 

Street-cars,  compensation  of  employees  working  over 
twelve  hours,  §  3246. 

Street-cars,  form  of  complaint  by  employee  on  work- 
ing over  twelve  hours,  §  3248. 

Street-cars,  hours  of  labor,  §§  3246,  3250. 

Street-car,   penal./    for    requiring   more    than   twelve 
hours'  labor,  §  3250. 
HOUSE  OF  ILL  FAME:  See  111  Fame. 
HUMBOLDT    BAR    pilot   commissioners:    See   Pilot   Com- 
missioners. 

Pilots  for:  See  Pilots. 


HUMBOLDT   BAY-IMMIGRATION.  1213 

HUMBOLDT   BAY   pilot  commissioners:    See  Pilot   Com- 
missioners. 
Pilots  for:   See  Pilots. 
HUMBOLDT  COUNTY.     Act  t-^  regulate  salmon  fisheries 
in  Humboldt  <  ontinued  in  force,  §  19. 
Boundaries  and  county  seat,  §  3914. 
Legal    distance   from    county    seat   of   to    Sacramento, 

§   162. 
Salary  ot  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 

HUSBAND    AND   WIFE.     Residence   of   husband   is   resi- 
dence of  wife,  §  52. 

ILL  FAME,  Chinese,  act  for  suppression  of  continued  in 

force,  §  19. 
IMMIGRATION.     Actions  for  fines  and  penalties,  §  2959. 
Action  on  bond  to  protect  state,  §  2956. 
Bonds,  commissioner  to  approve,  §  2964. 
Bond,   commissioner  to  prepare,   §  2965. 
Bond,  commutations  of,  §   2960. 
Bond  of  commissioner  in  San  Francisco,  §  2968. 
Bond  to  protect  scate,  action  on,  §  2956. 
Bond    to    protect   state  from   carriers   of  passengers, 

§   2954. 
Bond  to  protect  state,  how  may  be  secured,  §  2954. 
Bond  to  protect  state,  money  in  commutation  of  placed 

in  general   fund,   §   2958. 
Bond  to  protect  state,  penalty  for  neglect  or  refusal  to 

give,  §  2957. 
Commissioner,   compensation  of,   §   2961. 
Commissioners  ex-oflicio,  what  officers  are,  §  2966. 
Commissioners  of,  governor  appoints,  §  368. 
Commissioner    holds    at    governor's    pleasure,    §    369, 

2969. 
Commissioner,   powers   and   duties,   where   prescribed, 

§  696. 
Commissioner  receiving  illegal  compensation,  penalty, 

.    §  2965. 
Commutation  money,  accounting  for,  §  2961. 
Commutation  money,  duplicate  receipts  for,  §  2961. 
Commutation    of    bonds,    fines    or    penalties,  §§  2958, 

2960. 
Deputies,  §  2955. 
Deputy,  commissioner  not  to  appoint  more  than  one, 

§  2969. 


1214  IMMIGRATION. 

Deputy,    governor    may    suspend    payment    of    salary 

when,  §  2969. 
Deputy,  salary  of,  §  2969. 
Exempt   Irom    immigration   la./s,    what   persons     are, 

§  2963. 
Exempt    from    immigraiion    laws,    what    vessels    are, 

§  2962. 
Fees  of  commissioner,   §   2955. 

Fee  for  approving  bond  and  administering  oath,  §  2965. 
Fees,   illegal,   penalty    where    commissioner    collects, 

§  2965. 
Fee,  master,  consignee,  etc.,  refusing  to  pay,  penalty, 

§    2955. 
Fees  to  be  paid  into  state  treasury  monthly,  §  2969. 
Fines   and  penalties,  accounting  for,   §  2961. 
Fines  and  penalties,  action  for,   §  2959. 
Fines   and   penalties,   commutation   of,    §   2960. 
Fines  and  penalties,  duplicate  receipts  for,  §  2961. 
Fines  and  penalties,  liens  against  vessels  for,  §§  2955, 

2959. 
Fines  and  penalties,  paid  into  state  treasury,  §  2959. 
Fine,  penalties  and  forfeitures,  moneys  from  to  be  paid 

into  state  treasury  monthly,   §  2969. 
Inspection  and  examination  of  immigrants,  §  2955. 
Inspection    and    examination    of    immigrants,    penalty 

for     disobedience     by     master,     consignee,    etc., 

§  2955. 
Inspection  and  examination,  powers  and  duties  of  com- 
missioner, §  2955. 
LJen  against  vessel  for    fines  and  penalties,   §§   2955, 

2959. 
Master,  consignee,  etc.,  disobeying  commissioner  or  al- 
lowing passengers  to  depart,  penalty,  §  2955. 
Moneys  collected  to  be  paid   into  state  treasury  fund 

monthly,   §  2969. 
Oath    administered    to    foreigner    declaring    himself    a 

citizen,  §  2951. 
Oaths,  necessary,  commissioner  to  administer,   §  2964. 
Oaths  to  sureties,  commissioner  to  administer,  §  2965. 
Oath  to  sureties,  penalty  where  commissioner  fails  to 

administer,  §  2965. 
Receipts,   duplicate,   for  moneys  received,   §  2961. 
Report,    failure   of   master    to    make   full,   powers   of 

commissioner,  §  2964. 
Report,    master   to    make    within   twenty-four   hours, 

§  2949. 


IMMIGRATION— INSANE     ASYLUMS.  1211k 

Report  of  master,  what  to  state,  §  2950. 

Salaries   and   expenses   of   commissioner,   how   audited 
and  paid.  §  2969. 
IMPRISONMENT,  right  of  state  to  order,  §  37. 
IMPROVEMENTS  includes  what,  §  3617. 
INCUMBERED  PROPERTY,  tax  on,  rights  and  liabilities: 

See  -Taxation,  VIII. 
INDIANS,  military  duty,  not  subject  to,  §  1895. 

Separate  schools  for,  §  1662. 
INEBRIATES.    Home    for    inebriates    and    dipsomaniacs, 

§   30221/2. 
Home  of  in  San  Fi'ancisco,  act  relating  to  continued  in 
force,   §   19. 
INFAMOUS  CRIME,  cancellation  of  entry  in  great  regis- 
ter on  conviction  of,  §  1106. 
Person  convicted  of  cannot  be  a  voter,  §  1084. 
INFANCY.    Feeble-minded    children:   See    Home    for  Fee- 
ble-minded Children. 
Act   providing  for  guardians  of    orphans   in  asylums, 

p.  1107. 
Residence  of  minor  child,  §  52. 

Residence   of   unmarried    minor,    who    cannot    change, 
§   52. 
INFANTRY:   See  National  Guard,  XX. 
INJUNCTION  against  use  of  trade  marks,  §  3199. 
INNKEEPER,  lien  on  goods,  §   3152. 

Unclaimed     property,     §§     3153-3157.     See     Unclaimed 
Property. 

INSANE  ASYLUMS. 

I.     Construction   of  statute   relating  to. 
II.     State  hospitals,  enumeration  of;    rights  and  pow- 
ers of. 

III.  State  commission. 

IV.  Board  of  managers. 
V.     Directors. 

VI.  Treasurer. 

VII.  General   superintendent. 

VIII.  Medical  superintendent. 

IX.  Officers;     assistants;     employees. 

X.  Funds  and  expenditures;    manufacture  and  sale. 

of  articles;  supplies. 

XI.  Visiting,  investigating  and  examining. 


1216  INSANE   ASYLUMS,  I-III. 

XII.  Examination,  commitment  and  admission. 

XIII.  Patients. 

XIV.  Homeopathic  treatment. 
XV.  Discharge;     habeas    corpus. 

XVi.     Buildings  and   improvements. 
XVII.     Private   institutions. 
XVIII.     Home  for  feeble-minded   children. 

I.  Construction  of  statute  relating  to. 

Common  law,  effect  on,  §  2198. 
Existing  statutes,  continuation  of,  §  2198. 
Pending  actions  and  proceedings  not  affected  by  stat- 
ute, §  2199. 
Vested  rights  not  affected,  §  2199. 

II.  State   hospitals,   enumeration   of;    rights  and   powers 

of. 

Acquiring  and  holding  property,  §  2146. 

Acquiring  lands  by  condemnation,  §  2146. 

Agnews'  insane  asylum,  §  2145. 

Corporate  powers,  §  2146. 

Corporations,  are,   §   2145. 

Enumerated,   §  2145. 

Facilities  to  be  furnished  to,  §  2145. 

Insane,  hospitals  for  treatment  of  enumerated,  §  2145. 

Mendocino  insane  asylum,  §  2145. 

Napa  insane  asylum,  §  2145. 

Number  of,  §  2145. 

Purchases  of  land  by  to  be  approved  by  commission, 

§   2146. 
Railroads  through  grounds  forbidden,  §  2146. 
Southern  California  insane  asylum,  §  2145. 
Stockton  insane  asylum,  §  2145. 

Streets  or  roads  through  grounds  forbidden,  §  2146. 
What  are,  §  2145. 

III.  State   commission. 

Actions  against,  right  to  maintain,  §  2165a. 

Action  to  recover  cost  of  examination  of  insane  pa- 
tient, §  2197. 

Action  to  recover  for  support  and  expenses  of  patient, 
§  2197. 

Action  to  recover  money  due  for  support  of  patients, 
§  2194. 

Attested  acts  of,  how  are,   §  2139. 

Attorney-general,  assistant  acts  in  absence  of,  §  2136. 


INSANE    ASYLUMS,    III.  1217 

Authorities  of  hospitals  to  furnish  information  to, 
§  2144. 

Authority  and  power  relative  to  insane  not  in  state 
hospitals,  §  2176. 

Buildings,    plans,    specifications,    contracts,    §    2158. 

Claims  for  damages  against,  how  paid,  §  2165a. 

Complaints  against  officers  or  management,  proceed- 
ings on,  §  2142a. 

Conferences  with  managers  over  management  and  im- 
provement, §  2143. 

Consists  of  whom,    §   2136. 

Detention  wards,  investigation  and  approval  of,  §  2167. 

Duties  of,  enumerated,  §  2142. 

Estimates   for  supplies,   revising,   §  2158. 

Expenses  of,  how  and  from  what  fund  paid,  §  2140. 

Governor,  secretary  of  board  of  examiners  acts  In 
absence  of,   §  2136. 

Granting  and  revoking  power  to  manufacture,  §  2163. 

Lunatic  acquiring  property,  applying  for  guardian, 
§  2179. 

Investigation  into  cases  of  wrongful  detention,  treat- 
ment, etc.,  §  2142a. 

Investigation  into  general  management  and  adminis- 
tration,  proceedings,   §   2142a. 

Meetings,  whei-e  and  how  often  held,  §  2138. 

Monthly  audit  sheet,  treasurer  to  send  to,  §  2160. 

Non-resident  patient,  powers  and  duties  of  in  relation 
to,  §  2191. 

Number  of,  .§  2136. 

Office  in  state  capital.  Secretary  of  State  to  furnish, 
§  2138. 

Powers  of,   enumerated,   §   2141. 

Process,  order  of  other  paper,  how  attested,  §  2139. 

Purchases  of  land  to  be  approved  by,  §  2146. 

Recommendations  of  commissioners  to  be  placed  on 
file  in  institutions,  §  2166. 

Records  of,  §  2142. 

Removal  of  employees,  superintendent  to  give  infor- 
mation of,  §  2155. 

Reports  of,  §  2142. 

Revising   estimates  for  supplies,   §  2153a. 

Salary,  members  act  without,  §  2136. 

Seal  of,  §  2139. 

Seal,  process,  order  or  other  paper  may  be  attested  by, 
§  2139. 

Visiting  hospitals  and  examining  inmates,  §  2142a. 

Pol.     Code — 77 


1218  INSANE   ASYLUMS,   IV-VI. 

Visiting,  inspecting  and  examining  by  state  commis- 
sioners,  §   2143. 

"Visiting,  inspecting  and  examining  hospitals,  §  2143. 

Visits  to  hospitals,  reports  and  recommendations  after, 
§  2143. 

Who  are  members  of,  §  2136. 

IV.  Board    of    managers. 

Actions  against  managers,  right  to  maintain,  §  2165a. 

Appointment  and  removal  of  oificers,  §  2152. 

Appointment  and  term  of  office,  §  2147. 

Attorney,  manager  not  to,  act  as,  §  2162. 

Buildings,  construction  of,  architect's  plans,  and  let- 
ting of  contracts,  §  2151. 

Buildings,   limitation  on  cost  of,   §   2151. 

Buildings,  money  for  to  be  expended  on  approved  plans 
and  specifications,  §  2151. 

Buildings,  plans,  specifications,  contracts,  §  2158. 

Claims  for  damages  against,  how  paid,  §  2165a. 

Compensation,  §  2149. 

Duties  of,  enumerated,  §  2150. 

Each  hospital  governed  by,  §  2147. 

Eligibility  to  office  of  manager,  §  2148. 

Expenditures  to  be  in  conformity  to  statute,  §  2162. 

Expenses  of  members,  allowance  of,  §  2149. 

Manager  not  to  be  interested  in  contracts  or  supplies, 
§  2162. 

Meetings,  failure  to  attend,  vacancy  in  office,  §  2148. 

Present  trustees  continue  in  office,  §  2147. 

Purchases  and  expenditures  on  approval  estimates  of 
state  commission,  §  2158. 

Removal  of  members,  grounds  of,  §  2147. 

Vacancies,  filling  and  term  of  appointee,  §  2147. 

Vacancy,  failure  of  manager  to  attend  meetings 
creates,  §  2148. 

V.  Directors. 

Appointed  by  governor,  §  368. 

Powers  and  duties,  where  prescribed,   §  712. 

Term  of  office,   §   369. 

Vacancy  in  board,  term  of  office  of  appointee,  §  1003. 

VI.  Treasurer. 

Appointment  of,  §  2152. 

Bond  of,  §  2152. 

Duties  of,  enumerated,  §§  2152,  2159. 

Law  governing  appointment,  §  358. 


NSANE  ASYLUMS,  VII,  Vm.  1219 

Monthly  audit  sheet,  §  2160. 

Monthly  audit  sheet,  verification  and  affidavit,  §  2160. 

Oath  of,  §  2164. 

VM.    General  superintendent. 

Appointment  and  term  of  office,  §  2137. 

Duty  in  regard  to  nonresident  patients,  §  2191. 

Expenses,    traveling   and    incidental,     allowance    of,    § 
2137. 

How  often  to  visit  hospitals,   §  2143. 

Not  to  hold  other  office,  §  2137. 

Qualifications  "of,  §  2137. 

Salary  of,  §  2137. 

Salary  of,  how  and  from  what  fund  paid,  §  2140. 

Visiting,  inspecting  and  examining  hospitals,  §  2143. 
Vill.     Medical  superintendent. 

Absence  of,  who  performs  duties,  §  2153. 

Admission  of  insane  soldiers  and  sailors,  §  2185a. 

Agreement  for  admission  of  patients,  §  2185. 

Appointees  not  to  be  related,  §  2153a. 

Appointments,  what,  to  make,  §  2153a. 

Appointments  by,  how  made,  §  2153a. 

Appointment  of,  §  2152. 

Appointments  made  by,  §  2153a. 

Authority  of,  generally,  §  2153. 

Chief  executive  officer,   §  2153. 

Death  of  patient,  duty  in  case  of,  §  2186. 

Discharge  of  patient:    See  post,  XV,  Discharge. 

Duties  of,  enumerated,  §§  2153,  2153a,  2154. 

Estimates   for   supplies,    §   2158. 

Examination   before   appointment,   §   2152. 

Family  of,  maintenance  of  at  asylum,  §  2154. 

Inventory,  making  of,  §   2165. 

Law  governing  appointment,  §  358. 

Monthly  rate  for  support  of  patient,  power  to  reduce, 
§  2180. 

Oath  of,  §  2164. 

Parole  of  patient,   §  2189. 

Physical  and  mental  examination  of  patients,   §   2186. 

Private  practice  forbidden,  §  2157. 

Qualifications  and  experience,  §  2152. 

Removal  of,  §  2152. 

Removal   of   officers,   power   of    and    proceedings    on, 
§  2155. 

Residence  of,  §  2156. 

Salary  or,  §  2154. 


1220  INSANE   ASYLUMS,    IX. 

.   IX.     Officers,  assistants  and  employees. 

Actions  against  officers,  right  to  maintain,  §  2165a. 
Appointees  subject  to  examination,  §  2153a. 
Assistant    physicians,    law    governing    appointment,    § 

358. 
Assistant      physicians,      private      practice      forbidden, 

§   2157. 
Assistant  physicians,  residence  of,  §  2156. 
Assistant   physicians   and   internes,     appointment    and 

number  of,  §  2153a, 
Assistant      physicians      and     internes,      examination, 

§  2153a. 
Assistant   physicians   and   internes,   qualifications   and 

experience,  §  2153a. 
Assistant  physicians  and  internes,  salaries  of,  §  2154. 
Assistant    physicians    and    internes,    woman    assistant, 

§  2153a. 
Attorney,  officer  not  to  act  as,  §  2162. 
Claims  for  damages  against,  how  paid,  §  2165a. 
Employees,   state   commission    to   determine   kind   and 

character  of,   §   2141. 
Examination  of,   §  2153a. 

Families  of  what  assistants,  maintenance  of,  at,  §  2154. 
Homeopathic   state   hospital,   assistant   physicians   and 

internes,  qualifications,  §  2153a. 
Internes,   examination   of,   §   2153a. 
Internes,  number  of,  §  2153a. 
Internes,  qualifications  of,  §  2153a. 
Not  to  be  interested  in  contracts,  supplies,  etc.,  §§  2160, 

2162. 
Not    to    be    related    to    manager    or    superintendent, 

§  2153a. 
Powers  and  duties,  where  prescribed,  §  712. 
Removal  of,  power  of  and  proceedings  on,  §  2155. 
Removal  of,  taking  active  part  in  politics,  §  2155. 
Residence  of,  §  2156. 
Salanep  of  officers  and  employees,    state    commission 

fixes,  §  2141. 
Salaries  of  officers  to  be  uniform,  §  2141. 
Steward,  affidavit  of  to  monthly  audit  sheet  of  treas- 
urer, §  2161. 
Steward,  oath  of,  §  2164. 
Steward,  powers  and   duties,  §  2161. 
Superintendent  appoints  what  assistants,  §  2153a. 
Superintendent:   See  ante  VII,  VIII,  Superintendent. 


INSANE   ASYLUMS,  IX-XII.  12a 

Suspension  of  employees  pending  investigation,  §  2155. 
Treasurer:  See  ante,  VI,  Treasurer. 
Woman  assistant,   §   2153a. 

X.  Funds   and   expenditures;    manufacture  and   sale   of 

articles;    supplies. 

Contingent  fund,  consists  of  what,  §  2158. 

Contingent  fund,  how  expended,  §  2158. 

Contingent  fund,  moneys  received  for  support  of  pa- 
tients, when  paid  into,  §  2194. 

Expenditures  to  be  in  conformity  to  statute,  §  2162. 

Manufactured  articles,  sale  of,  §  2163. 

Manufacture  of  materials  and  supplies,  §  2163. 

Supplies,  monthly,  estimate  of,  §  2153a. 

Supplies,  monthly,  procuring  of,   §  2153a. 

Supplies,  monthly,  revision,  approving  and  certifying 
by  commission,  §  2153a. 

Supplies,  yearly,  advertising  for  contracts,  §  2153a. 

Supplies,   yearly,   bids  for,   right   to   reject,    §   2153a. 

Supplies,  yearly,  contracts  to  lowest  bidder,  §  2153a. 

Supplies,  yearly,  estimates  of,  revision,  approval  and 
certifying  by  commission,  §  2153a. 

XI.  Visiting,  investigating  and  examining. 

Authorities  to  furnish  information  as  to  inmates  to 
state  commissioners,   §  2144. 

Complaints  against  officers  or  management,  proceed- 
ing,: on,   §   2142a. 

Investigation  into  cases  of  wrongful  detention,  treat- 
ment, etc.,   §  2142a. 

Investigation  into  general  management  and  adminis- 
tration, proceedings,   §  2142a. 

Visiting  and  inspecting,  §  2143. 

Visiting  by  commissioners  and  examining  inmates, 
§  2142a. 

Visiting,  inspecting  and  examination  by  general  super- 
intendent,  §   2143. 

XII.  Examination,  commitment  and  admission. 
Action    to   recover   cost   of     examination     of     patient, 

§  2197. 
Admission  of  Insane  soldiers  or  sailors,  §  2185a. 
Admission  of  patients  under  special  agreement,  §  2185. 
Arrest  of  person  charged  with  insanity,  how  affected, 

§  2168. 
Arrest  of  person  charged  with   insanity,   proceedings 

on,  §  2168. 


1222  INSANE   ASYLUMS,   XII. 

Certificate  where  accused  adjudged  insane,  §  2170. 
Commitment   after   verdict   of   insanity   on   jury   trial, 

§  2174. 
Commitment,  refusal  to  grant,  proceedings  on,  §  2174. 
Commitment  to  asylum  of  insane,  not  properly  cared 

for,  §  2177. 
Commitment  to  asj^lum,  order  of,  §  2171. 
Commitment   to   asylum,   order    of,     county    clerk    to 

record  and  index,  §  2171. 
Costs  of  determining  insanity  a  county  charge,  when, 

§   2175. 
Costs  of  proceedings  charged   against   i-'^'-'^n   making 

accusation,  when,  §  2175. 
Costs  of  proceedings  include  what,  §  2175. 
Costs  o^'  proceedings,  what  relatives  to  sustain,  §  2176. 
Costs   of  proceedings,   when   chargeable   to    estate    of 

accused,  §§  2175,  2176. 
Detention    wards   for   persons   charged    with    insanity, 

§  2167. 
District  attorney  to  inquire  into  ability  of  accused  to 

pay  for  maintenance,   §  2178. 
Duty  to  transfer  indigent  insane  to  hospitals  on  order 

of  court,  §  2183. 
Female  insane  person,  delivery  to  asylum,  female  at- 
tendant, §  2172. 
Hearing,  attorney  for  accused,  appointment  of,  §  2169. 
Hearing,  compelling  attendance  of  witnesses,  §  2169. 
Hearing,  duty  of  superior  judge,  §  2169. 
Hearing,   medical   examiner's  attendance  and   duty  of. 

§  2169. 
Hearing,  presence  of  accused,  §  2169. 
Hearing,  time  of,  §  2168. 
Hearing,  who  to  be  examined  at,   §  2169. 
Home  for   feeble-minded:    See  post,  XVHI,  Home  for 

Feeble-minded. 
Idiots,  epileptics,  etc.,  not  committed  to  insane  asylum, 

§  2175a. 
Indigent  insane,  duty  of  peace  officers  to,  §  2183. 
Informing  accused  of  his  rights,  §  2168. 
Judgment   of   insanity   and   order   of   commitment   to 

asylum,  §  2171. 
Jury  trial,  bond  for  appearance  at  trial,  §  2174. 
Jury  trial,  commitment  on  verdict  of  insanity,  §  2174. 
Jury  trial,  procedure,  §  2174. 
Jury  trial,  right  to,  §  2174. 


INSANE    ASYLUMS,    XII,    XIII.  1223 

Medical  examiners,  attendance  at  hearing  and  duty  of, 

§  2169. 
Medical  examiners,  certificate  of  on  adjoining  accused 

insane,  §  2170. 
Medical  examiners,  number  of,  §  2167a. 
Medical  examiners,  qualifications  of,  §  21G7a. 
Medical  examiners,  superior  judge  to  issue  certificates, 

§  2167a. 
Non-resident    patient,    proceedings    in    relation    to,    § 

2191. 
Notice  of  arrest,  serving,  §  2168. 
Patients  not  admitted  without  commitment  except  by 

special  agreement,  §  2185. 
Patients   subject  to   general   rules   and   regulations   of 

asylum,  §  2185. 
Personal  cleanliness  and  clothing  of  person  admitted, 

§  2183. 
Persons    afflicted   with    certain    mental   disorders   not 

committed   to  insane  asylum,  §   2175a. 
Recommitment  of  patient  after  discharge,  §  2189. 
Refusing  to   receive  accused   at   asylum   where  papers 

not  properly  prepared,  §  2173. 
Sheriff,  compensation  for  conveying  patients  to  asylum, 

p.  1109,  Stats. 
Sheriff,  duty  of  to  deliver  accused  to  asylum,  §  2172. 

XIII.     Patients. 

Acquiring   property,   state   commission   may   apply  for 

guardian,  §  2179. 
Admission  of  insane  soldiers  and  sailors,  §  2185a. 
Admission   of,   under  special   agreement,   §   2185. 
Certified   copy  of  certificate  of   discharge,   effect  of,   § 

2189. 
Cei'tified  copy  of  certificate  of  discharge,  recording  and 

indexing,  §  2189. 
Costs  of  proper  clothing  a  county  charge,  when,  §  2175. 
Death  of,  duty  in  case  of,  §  2186. 
Discharge  of:    See  post,  XV,   Discharge. 
,    Discharge  of,  manner  of,  §  2189. 

Discharge   of,   recommitment   after,   §   2189. 

Escape  of  patient,  duty  of  sheriff,  §  2190a. 

Expense   of   returning  discharged   patients    to   county, 

§  2189. 
Home  for   feeble-minded:    See  post,  XVIII,   Home  for 

Feeble-minded. 
Homeopathic  treatment:    See  post,  XIV,   Homeopathic 

Treatment. 


!24  INSANE   ASYLUMS. 

Improved  but  not  recovered,  discharge  of,  §  2189. 
Improved  but  not  recovered,  proceedings  for  discharge, 

§  2189. 
Includes  inmate  of  Home  for  Feeble-minded,  §  2189. 
Indigent  insane,  duty  of  peace  officer  towards,  §  2183. 
Maintenance,  claim  for  support  against  estate  on  death 

of,  §  2180. 
Maintenance,    district  attorney  to   inquire  into  ability 

to  pay  for,  §  2178. 
Maintenance,  duty  of  guardian  to  pay  for,  §  2181. 
Maintenance,  duty  to  pay  for,  how  enforced,  §  2181. 
Maintenance,   relatives  may  be  compelled  to   pay  for, 

when,  §  2182. 
Maintenance,  what  relatives  chargeable  with,  §  2176. 
■Maintenance,  when  chargeable  to  estate,  §  217G. 
May  be  discharged,  when,  §  2189. 
Monthly  rate  for  support  of,  §  2180. 
Non-resident  patients,  powers  and  duties  in  relation  to, 

§  2191. 
Not  admitted  to  asylum  except  on  commitment  unless 

by  special  agreement,  §  2185. 
Parole  of,  §  2189. 
Personal  cleanliness  and  clothing  of  person  committed, 

§  2183. 
Physical  and  mental  examination  of  patients,  §  2186. 
Property  of,  §  2159. 
Subject   to   general   rules   and   regulations   of   asylum, 

§  2185. 
Superintendent,   when   to   discharge,   §   2189. 
Support  of  and  expenses,  action  to  recover,  §  2197. 
Transfer  of   from   asylum   to  home  for   feeble-minded 

children,  §  2187. 
Transfer  of,  to   another  hospital,  §   2187. 
Who  is  a  prisoner,  proceedings  on  recovery,  §  2189. 

XIV.  Homeopathic    treatment. 

Assistant   physician   and   internes,   qualifications   of,   § 

2153a. 
Patients  desiring  committed  to  what  asylum,  §  2184. 
Right  to,  §  2184. 

XV.  Discharge;    habeas   corpus. 

Discharge,  certificate  of,  discharge,  filing  and  record- 
ing, §  2189. 

Discharge,  certificate  of,  effect  of  certified  copy  of, 
§  2189. 

Discharge,  clothing  and  money  for  expenses,  §  2190. 


INSANE    ASYLUMS,    XV-XVIH.  1225 

• 

Discharge,  crime,  patient  charged  with  delivered  to 
sheriff,  §  2189. 

Discharge,  expenses  of  return  of  indigent  patient, 
§  2189. 

Discharge,  parole  of  patient,  §  2189. 

Discharge,  recommitment  of  patient  after,  §  2189. 

Discharge,  return  of  patient  and  expenses  of,  §  2189. 

Discharge,  superintendent,  power  of  to  discharge  pa- 
tients, §  2189. 

Discharge,  superintendent,  refusal  to  discharge',  dis- 
charge by  superior  court,  §  2189. 

Discharge,  superintendent  to  state  circumstances  upon 
blanks.  §  2186. 

Discharge,  superintendent  to  discharge  patients,  when, 
§  2189. 

Discharge,  superior  court,  discharge  by,  an-d  proceed- 
ings on,  §  2189. 

Discharge,  support  and  maintenance  of  indigent  pa- 
tient, §  2189. 

Discharge,  what  patients  may  be  discharged,  §  2189. 

Discharged,  when  patients  to  be  -discharged,  §  2189. 

Habeas  corpus,  return  and  hearing,   §  2188. 

Habeas  corpus,  right  to,  §  2188. 

XVI.  Buildings  and  improvements. 

Buildings:   See  Board  of  Managers,  ante,  IV. 
Building  act  of  1876  does  not  apply,  §  2158. 
Conferences  between  managers  and  commissioners  over 

improvements,  §  2143. 
Plans,  specifications  and  contracts,  §  2158. 

XVII.  Private  institutions. 

Powers  and  duties  of  state  commission  in  relation  to, 

§  2196. 
Provisions  for,  §  2196. 

XVIII.  Home  for  feeble-minded  children. 

Admission  to,  procedure  for,  §  2192. 

Applicants,  admission  of  without  commitment,  §  2194. 

Commitment,  applicants  may  be  admitted  without, 
when,  §  2194. 

Contingent  fund  consists  of  what,  §  2158. 

Contingent  fund,  how  expended,  §  2158. 

Discharge  of  patients,  §  2189. 

Duties  of  auditor  and  treasurer  as  to  moneys  for  sup- 
port of  patients,  §  2193. 

Estate  or  relative's  liability  of  for  support  of  patient, 
§  2187. 


1226  INSANE    ASYLUMS,    XVIII— INSPECTOR,    ETC. 

Life  tenure  inmates,  support  of,  §  2195. 

Moneys  received  from  counties  for  support  of  patients, 
disposition  of,  §  2192. 

Object  of,   §  2145. 

Report,  annual,  of  superintendent,  §  2153. 

Report,  monthly,  of  superintendent,  §  2153. 

Support   of   applicants   admitted   without  commitment, 
disposition  of  moneys,  §  2194. 

Support  of  inmates,  action  for  money  due  for,  §  2194. 

Support   of   inmates   by   county,   §    2192. 

Support  of  inmates,  provision  for,  §  2195. 

Support  of  inmates  who  are  self-supporting  by  labor 
or  have  paid,  §  2195. 

Support  of  life  tenure  inmates,  §  2195. 

Support  out  of  estate  or  by  relative,  §  2192. 

Traijsfer  of  patients  to  insane  asylum,  §  2187. 

Transfer  of  patients  to  from  insane  asylum,  §  2187. 

What  persons  to  be  received  and  cared  for,  §  2145. 
INSANE  PERSONS:    See  Insane  Asylums. 

Prisoner,  insane,  proceedings  on  recovery,  §  2189. 

Return  of  to  county  or  state  to  which  he  belongs,  § 
2191. 
INSANITY:   See  Insane  Asylum. 

Cancellation  of  entry  in  great  register  on,  §  1106. 

Vacancy  in  office  on  becoming  insane,  notice  of,  §  997. 

Vacant,  office  becomes,  on,  of  incumbent,  §  996. 

Voter,  insane  person  cannot  be,  §  1084. 
INSIGNIA,  military:   See  National  Guard,  XXVIII. 
INSOLVENCY.     Insolvent  act  continued  in  force,  §  19. 

Insurance   companies,   proceedings   by   insurance    com- 
missioner, §  600 

Insurance,   person   or  company   engaged   in,   when   in- 
solvent, §  602. 

See  Bankruptcy  and  Insolvency. 
INSPECTION,  ballots,  court  may  order,  when,  §  1265. 

Military:   See  National  Guard,  XXXI. 

Right  of,  of  public  records,  §  1032. 
INSPECTOR    OF    GAS    METERS,  appointed  by  governor. 
§    368. 

Bond  of.  §  584. 

Deputies,  may  appoint,  §  579. 

Meters,  duty  in  inspecting,  §  580. 

Meters,  duty  to  inspect,  §  580. 

Meters,  fees  for  inspection,  §§  581,  582. 

Meters,    reinspection    of,    §    581. 

Meter,  using  without  inspection,  punishment  for,  §  581, 


INSPECTOR,    ETC.— INSURANCE    COMMISSIONER.  1227 

Meters,  what  not  deemed  correct,  §  580. 
San  Francisco,  must  reside  in,  §  583. 
Seal,  to  file  copy  with  Secretary  of  State,  §  578. 
Seal,  to  provide,  §  578. 
Term  of  office,  §  369. 
To  provide  testing  apparatus,   §  577. 
INSPECTOR  OF  STEAMBOATS,  compensation,  §  2376. 

To  supervise  spark-catchers,  §  2375. 
INSTITUTES:   See  Schools. 
INSTRUCTION:   See  Schools,  XXIII. 
Military:  See  National  Guard.  VIII. 
State  superintendent  of:   See  Schools,  I. 
INSURANCE  COMMISSIONER,  actuary,  compensation  of. 

§   604. 
Actuary,  may  employ,  §  604. 

Agent,    absence    of,    stipulation    for    service    on     com- 
missioner, §  633. 
Agent    acting   for   company   that   has   not   filed    bond, 

punishment,  §  633. 
Agent  acting  without  license,  punishment,  §  633. 
Agent,  acting  wrongly  as,  §  633. 
Agent,  company  doing  business  through,  what  required 

from,  §  608. 
Agent,  conditions  precedent  to  right  to  act  as,  §  633. 
Agent,  failure  to  name,  service  on  commissioner,  §  616. 
Agent,  license  to  act  as,  §  633. 
Agent,  license  fee  for,   §   633. 
Agents,  list  of,   §  633. 

Agent  upon  whom  summons  may  be  served,  §§  616,  633. 
Assessor,  to  furnish  with  certain  information,  §  625. 
Attorney-general,  proceedings  by  where  company  does 

not  make  up  assets,   §   601. 
Blank  forms,  may  make  changes  in,  §  615. 
Blank  forms,  same  to  be  given  all  engaged  in  business, 

§   615. 
Blank  forms,  to  furnish,  §  615. 
Bonds  from  foreign  company,  §  623, 
Bond   of,   §   632. 

Bonds  separate  for  each  company  represented,   §  624. 
Certificate,  company  not  to  transact  business  without, 

§  596. 
Certificate,  penalty  for  doing  business  without,   §  596. 
Companies  to  file  what  articles,  certificates,  etc.,  with, 

§§  607,  608. 
Companies  to  furnish  list  of  policies,  §  597a. 
Companies  to  furnish  form  of  policies,  §  597a. 


1228  INSURANCE   COMMISSIONERS. 

Deputy,  salary  of,  §  629. 

Eligibility,  §  594. 

Examination    into    companies,    powers    in   relation   to, 

§  597. 
Examination  into  companies,  when  and  how  conducted, 

§  597. 
Examine  into  companies,  must,  when,  §  597. 
Expenses  of,  §  630. 

Expenses  of,  allowance  and  payment  of,  §  617. 
Expenses  of,  assessment  on  companies  for  deficiencies 

in,   §  606. 
Expenses,  contingent,  §  630. 

Fees  of,  §  605. 

Fees   and    assessments,    collection    and    disposition   of, 

§  606. 
Fees  and  assessments,  refusal  to  pay,  penalty,  §  606. 
Fines  where  companies  refuse    information  and  suits 

for,  §  598. 
Foreign  company,  certificates  for  special  agent  to  col- 
lect renewal  premiums  for,  §  596. 
Foreign  company,  license  revoked  if  action  transferred 

to  federal  court,  §  595. 
Foreign  company,  report  of  agent  of,  §  596. 
Forfeitures  and  penalties,  collections  of  and  suits  for, 

§  596. 
Greneral  duties  of,  enumeration  of,  §  595. 
Governor  appoints,  §  368. 
Insolvency,  proceedings  on,  §  600. 
Insolvency,  proceedings  where  company  fails  to  make 

up  capital  stock,  §  601. 
Insolvent,  companies,  when  are,  §  602. 
Liability  for  losses  after  time    limited  for  making  up 

assets,  §  601. 
Liabilities,  what  charged  as,  §  612a. 
Life  insurance  companies,  register  of  policies,  §  634. 
Name  of  company,  may  reject,  §  609. 
Name  of  corporation,  to  require,  §  609. 
Office  to  be  kept  in  San  Francisco,  §  631. 
Policies,  companies  to  furnish  list  and  form  of,  §  597a. 
Record  of  proceedings  to  be  kept,  §  603. 
Registry  of  policies,   deposit  for  security  of,  S  634. 
Registry  of  policies  with,  §  634. 
Reports  of,  distributed,  how,  §  337. 
Reports  of,  number  to  be  printed,  §  337. 
Reserve,  §  612a. 

Reserve  fund,  how  computed,  612a, 
Retaliatory  clause,  §  622. 


INSURANCE    COMMISSIONER— INSURANCE    COMPANIES.    1229 

Rooms,  §  630. 

Salary  of,  §  628. 

Salary,   assessment   on   companies   for   deficiencies   in, 

§  606. 
Securities,  amount,  deposit  in  treasury  and  withdrawal 

of,  §  634. 
Securities,   annual  examination  into,   §   621. 
Securities,  deficiency  in,  failure  to  make  up,  proceeding 

on,  §  621. 
Securities,   deficiency  in  making  up,  §  621. 
Securities,    deposit    of    to    secure    registered    policies, 

§  624. 
Securities,  deposit  of,  to  protect  policies,  §  634. 
Securities,  deposit  of.  with,   §  618. 
Securities  deposited  with,  certificate  for,  §  619. 
Securities  deposited  with,  duty  of  commissioners,  §  618. 
Securities  deposited  with,  interest  or  dividends,  §  618. 
Securities  deposited  with,  returned  when,  §  620. 
Securities  deposited  with,  withdrawal  of  and  new  se- 
curities, §  618. 
Security,  what  required  under  retaliatory  clause,  §  622. 
Special  fund  of,  how  constituted,  §  630. 
Special  fund,  how  drawn  on,  §  630. 
Statements  by  foreign  corporations  having  on  deposit 

over  two   hundred  thousand  dollars,  §  612. 
Statements  to  by  insurance  companies,  §  612a. 
Statements,  failure  to  make,  penalty,  §  617. 
Statements,  mutual  companies  may  report  stock  notes 

as  capital,  §  614. 
Statements,  publication  of,  §  611. 
Statements  to  be  based  on  gold  coin  values,  §  627. 
Statements  to  be  filed  with,  §  611. 
Statement  to  be  filed  with,  verification  of,  §  610. 
Statements,  what  to  contain,  §§  611,  612,  613. 
Statements,   when   to   be  filed,   §   611. 
Stationery,  fuel,  etc.,  §  630. 
Term  of  office,  §  369. 
To   require   full    compliance   with   provisions   of   Civil 

Code,   §  626. 
Witnesses,   compelling  attendance,   §   599. 
Witnesses,  may  issue  subpoenas  for,   §  599. 
Witnesses,   punishment  for   disobedience   of  subpoena, 

§  599. 
INSURANCE  COMPANIES,  agent,  failing  to  name,  service 

on  insurance  commissioner,  §  616. 
Agent  upon  whom  service  may  be  had,  naming,  §  616. 
Agents  for:   See  Insurance  Commissioner. 


1230  insurance:  companies— insurrection. 

Bonds  from,  §  623. 

Bonds,  separate  for  each  company  represented,  §  624. 
Certificate,  business  not  to  be  transacted  without,  §  596. 
Certificate,    doing    business    without,    punishment    tor, 

§  596. 
Commissioner:   See  Insurance  Commissioner. 
Fines  for   refusal   to   give   information   to   companies, 

§  598. 
Foreign  companies,  tax  on,  §  622a. 
Foreign  company,  license  revoked  if  it  transfers  action 

to  federal  court,  §  595. 
Foreign,  report  of  agent  to  commissioner,  §  596. 
Foreign,   special  agent  for  collection  of    renewal  pre- 
miums,  §   596. 
Insolvent,  when,    §   602. 
Liabilities,  what  charged  as,  §  612a. 
Liability  for  losses  after  time  limited  for  making  up 

assets,  §  601. 
Penalty  for  failure  to  comply  with  Civil  Code,  §  626. 
Policies,  to  furnish  insurance  commissioner  form  and 

list  of,  §  597a. 
Port  warden  not  to  be  interested  with  insurers,  §  2509. 
Registration  of  policies,  §  634. 
Registration:  See    Insurance   Commissioner. 
Reserve,  §  612a. 

Reserve  fund,  how  computed,  §  612a. 
Sale  of  wrecks  for  account  of  underwriters,  manner  of, 

§§  2507,  2508. 
Securities,  amount,  deposit  in  treasury  and  withdrawal 

of,   §   634. 
Securities  to  protect  policies,  deposit  of,  §  634. 
Securities,    deposit    of    with    insurance    commissioner: 

See  Insurance  Commissioner. 
Statements,  failure  to  make,  penalty,  §  Oj.(. 
Statements,  filing  and  publication  of,  §§  611,  612,  613. 
Statements,  mutual  companies  may  report  stock  notes 

as  capital  stock,  §  614. 
Statements  to  insurance  commissioner,   §   612a. 
Statements:    See   Insurance  Commissioner. 
Tax   imposed   on   foreign   companies   other    than    life, 

§  622a. 
What   articles,    certificates,    etc.,   to   be   filed   with    in- 
surance commissioner;  §  607. 
INSURRECTION,  governor  may  declare  state  of  when,  § 

1917. 
Ordering  out  troops  to  suppress,  §  1917. 
Revoking  proclamation  of,  §  1917. 


INTELLIGENCE    OFFICE— INVESTMENT    COMPANIES.    1231 

INTELLIGENCE  OFFICE,  license,  §  3380. 
INTEREST   on    sale   of   public   lands:   See    Public   Lands, 
VIII. 

On  sale  of  swamp  and  overflowed  lands,   §  3440. 

Publio  lands,  interest  on  sale  of,  from  what  time  com- 
puted, §  3427. 

Reclamation  districts,  interest    on    delinquent    assess- 
ments, §  3466. 

Reclamation  district,  warrants  of,  interest  on,   §  3457. 

School  lands,  interest  on  purchase  price,  §  3494. 

Warrants,  interest  on,  §§  4148,  4149,  4153. 
INTOXICATING   LIQUORS:   See  Home  of  the  Inebriates. 

Home  for  inebriates  and  dipsomaniacs,  §  3022^^. 

Home  of  inebriates  in  San  Francisco,  act  relating  to, 
continued  in  force,  §  19. 

License  on  those  selling,  §§  3381,  3382,  3383. 

State  board  of  health,  duty  as  to:   §  2980. 

INVESTMENT  COMPANIES,  act    relating    to,  applies    to 

what,   §   635. 
Articles  of  incorporation,  fees  on  filing,  §  635c. 
Articles   of  incorporation,   statement  accompanying  to 

show  what,   §   635c. 
Articles  of  incorporation  to  be  filed  with  Secretary  of 

State,  §  635c. 
Attorney-general,  duty  of  on  noncompliance  with  stat- 
ute,  §   635d. 
Attorney-general  to  examine  into  affairs,  when,  §  635i. 
Attorney-general     to     institute     proceedings      against, 

when,   §  635i. 
Business  not  to  be  done  until  statute  complied  with,  § 

635k. 
Defined,  §  635a. 

Deposit  by  with  state  treasurer,  §  635b. 
Deposit,   collateral  for  loans,   computation  of  value,   § 

635g. 
Deposit,  collateral  for  loans  using  as  part  of,  §  635g. 
Deposit,  dividends  or  profits  on,  right  to  use,  §  635f. 
Deposit,   exchanging   securties,    §   635f. 
Deposit,  no  business  to    be    done    before    making    of, 

§  635k. 
Deposit,  substituting  securities  for  cash,  §  635f. 
Deposit,  withdrawal  on  ceasing  to  do  business,  §  635e. 
Loans,  amount  that  may  be  made,  §  635g. 
Loans,  note  and   security,   §   635g. 
Officer  or  agent  violating  statute,  punishment,  §  635j. 


1232  INVESTMENT    COMPANIES— JUDGES. 

Reserve,    deficiency   in,   action   by    attorney-general,    § 

6351. 
Reserve  fund,  amount  of,  §  635h. 
Reserve  fund,  investment  of,  §  6351i. 
Treasurer  to  notify  attorney-general  of  noncompliance 

with  act,  §  G350d. 
What  are,  §  635a. 
INVESTMENTS.     Investment  of  funds  from  sale  of  school 

lands,  §  680. 
INYO  COUNTY,  boundaries  and  county  seat,  §  3942, 
Fees  of  district  attorney  in,   p.   1043,   Stats. 
Legal  distances  from  county  seat  of,  §  163. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 

JOINT,  authority,  words  giving,  majority  may  act,  §  15. 
JOINT  RESOLUTIONS,  time  of  taking  effect,  §  324. 
JOURNALS  duty  of  journal  clerk  to  keep,  §§  256,  257. 
Distribution  of,   §  409. 
Number  to  be  printed,  §  528. 
Oath  of  members  of  legislature  entered  upon,  §  240. 

See  Legislature. 
Official,  of  schools:   See  Schools,  XXVIII. 
JUDGES,  county,  act  authorizing  to  execute  trusts  in  re- 
lation to  certain  town  lands  continued  in  force, 
§   4442. 
County  are  county  officers,  §  4103. 
County,  election  and  term  of  office,  §  4110. 
County,  may  administer  oaths,   §   4118. 
County,  must  reside  at  county  seat,  §  4119. 
County,  salaries  of,  §  4329. 
County,  salaries  of,  how  paid,  §  4328. 
County  treasury,  auditor  and  superior  judge  counting 

cash  in  and  making  statements,  §  4221. 
County  treasury,  statements  as  to  cash  in.  filing  and 

posting,  §  4222. 
County,  vacancy,  how  filled,  §  4115. 
Number,   designation    and     mode    of    election,     where 

prescribed,    §    726. 
Oaths,   may  administer,   §  1028. 
Police:    See  Police  Judges. 
Residence  of,  restrictions  upon,  §  854. 
Superior  judges:    See  Superior  Judges. 
Supreme   judges:      See   Supreme   Judges. 


JUDGES  OF  THE  PLAINS-JUSTICE  OF  THE  PEACE.      1233 

JUDGES  OF  THE  PLAINS,  acts  relating  to  continued  in 
force,  §  19. 

JUDGMENTS,  against  delinquent  purchaser  of  state  lands, 

when  bonds  assigned,   §  3552. 
Attorney-general   to   redeem    from    prior   judgment   or 

lien,   §  470. 
Duty  of  attorney-general  in  relation  to,  §  470. 
In  action  affecting  land  titles,  §  3416. 
In  action  against  assessor  for  neglect,  §  3662. 
Tax  has  effect  of,  §  3716. 

Lien,  judgment  on  bond  lien  on  realty,  §§  984,  987. 
Lien  of  judgment  on  bond,  enforcement  of  contraat  to 

sell  realty  affected  by,  §  987. 
Money,  how  computed  in,  §  3274. 
JURISDICTION,  all  persons  subject  to,  of  state,  §   54. 
Police  court,  §  4427. 
Police  court  of  Sau   Francisco  has    over    offenses    on 

waterfi'ont,   §   2544. 
Process,  service  in  places  ceded  to  United  States,  §  34. 
San  Diego,  police  court  of  has  jurisdiction  of  offenses 

in  harbor,  §  2597. 
State,   no   jurisdiction   over    places    ceded     to    United 

States,  §  33. 
State,  territorial  extent  of,   §  33. 
Suits  arising  out  of  delinquencies  r  bating  to  revenue 

funds,  etc.,  of  state,  §  433. 
JURY,  exemption  of  firemen  from  jury  duty,  §§  3337,  3338, 

3339. 
Exemption   of   honorary   members   of  National  Guard, 

§  2098. 
Exemption  of  members  of  National  Gua?  d  from  duty, 

§  2098. 
Grand  jurors,  expenses  of  a  county  charge,  §  4344. 
Trial  by  jury  on  charge  of  insanity,  §  2174. 
JUSTICE  OF  THE  PEACE,  appraisers  of  lost  property,  to 

appoint,  §  3137. 
Appraisers,  file  list  of,  §  3138. 
Constable  must  attend  courts  of,  §  4314. 
Contested  election,  to  take  testimony  in,  §  275. 
Contested  election,  powers  in  such  cases,  §  277. 
Contested  election,  duties  in  such  cases,  §§  278,  279. 
Coroner  may  act  as,  when,  §  4289. 
Disqualification   of  police    judge    to    act    in    case    of, 

§   4428. 
Duties  of,  where  prescribed,  §  4316. 
Pol.    Code — 78 


1234  JUSTICES    OF    THE    PEACE— LAW. 

Election  of,  §  4110. 

Expenses   in   criminal   examinations,    what    a    county 

charge,  §  4344. 
Fire,  authority  to    order    out    persons    to    extinguish, 

§  3345. 
Oaths,  may  administer,  §  4118. 
Term  of  office,  §  4110. 
Term  of  office,  how  computed,  §  4109. 

KERN  COUNTY,  boundaries  and  county  seat,  §  3941. 

Legal    distance    from    county    seat   of    to    Sacramento, 
§  164. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
KINDERGARTEN:  See  Schools,  XVI. 
KINGS   COUNTY,   legal  distance  from  county  seat  of  to 

Sacramento,  §  165. 
KLAMATH  COUNTY,  boundaries  and  county  seat,  §  3910. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,   §  4330. 

LABOR:   See  Hours  of  Labor. 

LABOR   ORGANIZATIONS:   See  Trademarks. 

LAKE  COUNTY,  boundaries  and  county  seat,  §  3917. 

Legal  distance  from  county  seat  to  Sacramento,  §  166. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,   §   4330. 

LAKE   MERRITT,  act  to  prevent  destruction  of  fish  and 
game   in   and   near   Lake   Merritt    continued    in 
force,  §  19. 
LANDS,  PUBLIC:   See  Public  Lands. 
LARCENY,  petit,  jurisdiction  of  police  court,  §  4426. 
LASSEN  COUNTY,  boundaries  and  county  seat,  §  3912. 

Legal  distance  from  county  seat  to  Sacramento,  §  167. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
LAW:   See  Legislature. 

Common,  is  rule  of  decision,  §  4468. 

Definition  of,  §  4466. 

Revenue  laws,  violation  of,  proceedings  on:   See  Tax- 
ation, XII. 

School,  offenses  against:   See  Schools,  XXX. 

Will  of  supreme  power,  how  expressed,  §  4467. 


LAW  OF  THE  ROAD— LEGAL  DISTANCES.  1:535 

LAW  OF  THE  ROAD:   See  Highways,  XVIII. 
LAZARETTOS  for  lepers,  §  2952. 
LEAP  YEARS,  what  are,  §  3256. 

LEGAL  DISTANCES,  Alameda  County,  §  151. 
Alpine  County,   §  152. 
Amador  County,  §  153. 
Butte  County,  §  154. 
Calaveras  County,  §  155. 
Colusa  County,  §  15G. 
Contra  Costa  County,  §  157. 
Del  Norte  County,  §  158. 
Pil  Dorado  County,  §  159. 
Fresno   County,   §   160. 
Glenn  County,   §   161. 
Humboldt  County,   §   162. 
Inyo  County,   §  163. 
Kern  County,  §  164. 
Kings  County,  §  165. 
Lake  County,  §  166. 
Lasser  County,  §  167. 
Los  Angeles  County,  §  168. 
Madera  County,  §  169. 
Marin  County,  §  170. 
Mariposa  County,  §  171. 
Mendocino  County,  §  172. 
Merced  County,  §  173. 
Modoc  County,  §  174. 
Mono  County,  §  175. 
Monterey  County,  §  176. 
Napa  County,  §  177. 
Nevada  County,  §  178. 
Orange  County,  §  179. 
Placer  County,  §  180. 
Plumas  County,  §  181. 
Riverside  County,  §  182. 
Sacramento  County,  §  183. 
San  Benito  County,  §  184. 
San  Bernardino  County,  §  185. 
San  Diego  County,  §  186. 
San  Francisco  CountJ^  §  187. 
San  Joaquin  County,  §  188. 
San  Luis  Obispo  County,  §  189. 
San  Mateo  County,  §  190. 
Santa  Barbara  County,  §  191. 
Santa  Clara  County,  §  192. 
Santa  Cruz  County,  §  193, 


1236  LEGAL.    DISTANCESS— LEGISLATURE. 

Shasta  County,  §  194. 

Sierra  County,  §  195. 

Siskiyou  County.  §  196. 

Solano  County,  §  197. 

Sonoma  County,  §  198. 

Stanislaus  County,  §  199. 

Sutter  County,  §  200. 

Tehama  County,  §  201. 

Trinity  County,  §  202. 

Tulare  County,  §  203. 

Tuolumne  County,  §  204. 

Ventura  Countv,  §  205. 

Yolo  County,  §  206. 

Yuba  County,  §  207. 

Mileage,  how  computed,  §  208. 
LEGISLATURE,  attorney-general  to  give  opinion  in  writ- 
ing to,  §  470. 

Certificate  of  election,  evidence  of  right  to  seat,  §  236. 

Claims  upon  contingent  funds  of,  how  paid,  §  673. 

Compensation  of  members,  §  266. 

Contract,  legislators  not  to  be  interested  in,  §  920. 

Fees  not  to  be  charged  members  by  secretary  of  state, 
§  416. 

Fuel,  lights  and   stationery,  secretary  of  state  to  fur- 
nish for,  §  413. 

Governor  to  transmit  list  of  appointments  to,  §  381. 

Mileage  of  members,  §§  260,  267. 

Mileage,  oflBcers  who  only  allowed,  §  237. 

Number  of  documents  printed,  §§  527,  528. 

Resignations,  how  and  to  whom  made,  §  995. 

Secretary  of  State  not  to  charge  legislators  for  what 
services,  §  416. 

Soliciting  candidate  for,  punishment  of,  p.  1102,  Stats. 

Time  and  place  of  meeting  of,  §  235. 

Tie  vote  for  governor  or  lieutenant-governor,  legisla- 
ture elects,  §  1068. 

Vacancies  in,  how  filled,  §  998. 

Senate. 

Assistant  secretary  of,  duties  of,  §§  254,  261. 

Assistant   sergeant-at-arms,  duties   of,   §   260. 

Filling  vacancies  where  senate  has  to  confirm  and  is 

not  in  session,  §  1000. 
Minute  clerks  of,  duties  of,  §  255. 

Nominations  to  by  governor,  how  concurred  in,  §  890. 
Nominations  to  by  governor,  how  made,  §  889. 
Number  of  documents  printed,  §§  527,  528. 


LEGISLATURE.  12S7 

Number  of  senators,  §  225. 

OflBcers  and  employees  of,  §  245. 

Officers  and  employees  removable,  §  245. 

Organization  of,  §  238. 

Printing  for,  §  526. 

Resignations,  how  and  to  whom  made,  §  995. 

Salaries  of  officers  and  employees  of,  §§  268,  269. 

Secretary  of,  duties  of,  §§  252,  253,  261. 

Secretary  of  senate,  appointments  of,  §  237. 

Sergeant-at-arms,  duties  of,  §  259. 

Term  of  office,  §  226. 

Assembly. 

Assembly,  chief  clerk  of,  appointments  of,  §  237. 

Assistant  clerks  of,  duties  of.  §§  254,  261. 

Chief  clerk  of,  duties  of,  §§  253,  261. 

Minute  clerks  of,  duties  of,  §  255. 

Number  of  assemblymen,  §  225. 

Number  of  documents  printed,  §§  527,  528. 

Officers  and  employees  of,  §  246. 

Officers  and  employees  removable,  §  246. 

Officers  and  employees,  salaries  of,  §§  268,  269. 

Organization  of,  §  239. 

Printing  for,  §  526. 

Resignations,  how  and  to  whom  made,  §  995. 

Sergeant-at-arms,  assistant,  duties  of,  §  260. 

Sergeant-at-arms,  duties  of,  §  259. 

Speaker,  compensation,  expenses  and  mileage,  §  267. 

Speaker,  ex-officio  regent  of  state  university,  §  353. 

Term  of  office,  §  226. 

Oath  of  members. 

Oath  of  members,  §  906. 

To  be  entered  on  journals,  §  240. 

"\i\Tiat   officers   of   may   administer   oaths,    §   252. 

Officers  of. 

Governor  commissions,  §  891. 

How  elected  or  appointed,  §  247. 

Officers  of,  §§  252-261. 

Officers  of  assembly:   See  ante.  Assembly. 

Officers  of  senate:    See  ante,  Senate. 

Sergeants-at-arms,  appointments  of,   §  237. 

Salaries  of,  §§  268,  269. 

Temporary,  until  organization  effected,  §  237. 

What   only   appointed   before  permanent  organization, 

§  237. 
Who  hold  over  until  successors  appointed,  §  237. 

40 


1238  LEGISLATURE. 

Contesting  elections. 

Commissions  to  take  testimony,  §§  275,  276. 
Depositions  of  witnesses,   taking  of,   §§   275,   276,   278, 

282. 
Depositions,  sealing  and  transmitting,  §§  278,  281,  282. 
Fees  of  officers,  §  280. 

Justice,  inability  to  proceed,  supplying  vacancy,  §  279. 
Justices   may  issue   subpoenas   and  compel  attendance 

of  witnesses,  §  277. 
Justices,  powers  and  duties  of,  §§  275,  276,  278. 
Notice   by   presiding   officer   of  arrival  of   depositions, 

papers,  etc.,  §  281. 
Notice  of  contest,  service  of,  §  276. 
Sealing  depositions,   papers,  etc.,   and  transmitting  to 

secretary  of  state,  §§  281,  282. 
Secretary  of  state  to  deliver  depositions,  papers,  etc., 

to   presiding  officer  of  house,   §   281. 
Statement  of  grounds  to  be  filed  in  twenty  days,  §  274. 
Statement  of  grounds,  verified,  to  be  filed,   §  274. 
Statement,  service  of  copy  of,   §  276. 
Who  may  contest,  §  273. 

Committees. 

Judiciary,  codification  and  substitution  of  laws,  §§  249, 

250. 
Judiciary,  duties  of,  §§  249,  250. 
Members  ot  may  administer  oaths,  §  252. 
Standing,  how  appointed,  §  248. 
Rules,  may  prescribe  duties  of,  §  249. 

Bills,  laws  and   resolutions. 

Acts,  resolutions  and  journals,  secretary  of  state  has 
custody  of,  §  407. 

Bills,  engrossing,  §  539. 

Bills,  enrollment  of,  §  539. 

Bills,  in  form  of  general  law  favorably  reported,  re- 
ferred to  judiciary  committee,  §  250. 

Bills  or  resolutions  passed  to  enrollment,  printing,  au- 
thenticating and  sending  to  governor,  §  528. 

Bills  printed  not  amended  considered  engrossed,  §  539. 

Bill,  printed  bill  signed  by  governor  deposited  with 
secretary  of  state,  §  528. 

Joint  resolution,  time  of  taking  effect,  §  324. 

Laws,   indexing  and   binding  of,   §   528. 

Laws,  manner  of  printing,  §  529. 

Laws,  number  to  be  printed,  §  528. 

Laws,  printing  and  distribution  of,  §  528. 


LEGISLATURE— LICENSE.  1233 

Laws,  resolutions,  etc.,  secretary  of  state  to  deliver  to 

state  printer  index  of,   §  408. 
Notice  that  law  signed  sent  to  state  printer,  §  528. 
Secretary   of  state,   how   to   distribute   laws,  journals, 

etc.,  §  409. 

Journals. 

And  appendixes,  indexing  and  binding  of,  §  528. 

And  appendixes,  printing  of,  §  528. 

Binding  of,  §  256. 

Manner  of  printing,  §  529. 

Official,  depositing  with  secretary  of  state,  §  256. 

Printing,  approving,  authenticating,  §§  256,  528. 

Supplying  copies  daily  to  members,  §  256. 

Witnesses    and    subpoenas. 

Subpoena,   arrest  of  witness  disobeying.   §  303. 

Subpoena,  arrest  of  witness,  what  authority  sufficient, 
§  303. 

Subnoenas,  disobedience  of,  punishment  for  contempt, 
§  302. 

Subpoenas,  power  to  issue,  §  300. 

Subpoenas,  service  of,  §  301. 

Subpoenas,  sufficiency  of,  §  300. 

Witness,  privilege  of,   §   304. 

Witness  not  to  be  held  criminally,  §  304. 
LEPERS:   See  Health;    Immigration. 
LEVEES:   See  Reclamation  Districts. 

Injuries  to  and  actions  for,  §  3490. 

Reorganization  of  levee  districts,  §  3489. 
LEVY  of  tax:   See  Taxation,  IV. 
LIBRARIES:   See  State  Library,   Supreme  Court  Library. 

ScBool  libraries:  See  Schools,  XX. 
LICENSE,  actions  against  person  failing  to  take  out,  §  3360. 

Action  for,  evidence  and  defenses,  §  3362. 

Action  for,  jurisdiction  of  police  court,  §  4427. 

Animals  kept  for  propagation,  §  3385. 

Auctioneers:   See  Auctions. 

Auctioneers,  classification  and  licenses,   §  3376. 

Auditor  to  certify  account  monthly  to  treasurer,  §  3358. 

Auditor  to  affix  official  seal  to,  §  3357. 

Auditor  to  issue  for  tolls,  §  3378. 

Auditor  to  keep  account  of  licenses,  §  3358. 

Auditor   to  keep   stumps  of  licenses   delivered   to   tax 
collector,  §  3358. 


1240  LICENSE. 

Auditor  to  number,  sign  and  deliver  to  tax  collector, 

§   3357. 
Auditor  to  prepare  and  print,  §  3356. 
Auditor  to  take  receipt  for  from  tax  collector,  §  3357. 
Bankers,  §  3379. 
Billiard  table,  §  3380. 
Bowling  alley,  §  3380. 
K^  Business  upon  which  may  be  imposed,  §§  3366,  4405. 
Circus,  etc.,  §  3380. 
City,   license  under  statute  gives  no  rights  in,   when, 

§  3359. 
City,  required  in  addition,  when,  §  3359. 
Class  of,   ascertained,  how,   §   3361. 
Class  of,  statements  as  to  amount  of  business,  penalty 

for  underestimate,  §  3361. 
Collection  of,  manner  of,  §  4045. 
Collection,   officers   other   than   tax   collectors   required 

to  collect,  duties  of,  §  3387. 
Commercial  travelers,  what  not  subject  to,  §  3366. 
Exempt  from,  soldiers,  sailors  and  marines  honorably 

discharged,  §  3366. 
Exhibitions,   §   3380. 

Exhibitions   for    schools,    churches    and     charities    ex- 
empted, §  3386. 
Fees  for  issuance  and  disposal,  §  3364. 
Ferry,   changing,    §   2846. 

Ferry,  connecting  two  counties,  license,  §  2851. 
Ferry,  estimates  used  in  fixing,  §§  2848,  2849. 
Ferry,  for,  §  2845. 
Ferry,  issuance  of,  §  2849. 
Ferry,  limit  on  amount  of,  §  2846. 
Ferry,  proceedings  in  fixing,  §  2848. 
Ferry,  revenue  from,  purchasing  toll  roads  or  bridges 

with,  §  2857. 
Form  of,  §  3356. 
Hawkers,   §   3384. 
Intelligence   office,    §    3380, 
Intoxicating  liquors,  license  on  those  selling,  §§  3381 

3382,  3383. 
Intoxicating    liquors,    not     required    of    physicians    or 

druggists,  §  3383. 
Jugglers,  necromancers,  magicians,  etc.,  §  3380. 
Livery  stable  keepers,  §  3382. 
Menagerie,  §  3380. 
Merchants,  §  3382. 

Money,  license  of  persons  loaning,  §  3379. 
Pawnbrokers,  §  3380. 


LICENSE— LIEN.  1241 

Peddlers,   §  3384. 

Private  insane  asylum,  for,   §  2196. 
Proceedings  against  delinquent,  evidence  and  defenses, 
j  §  3362. 

»    Proceedings  against  person  failing  to  take  out,  §  3360. 
Rates  of,  time  to  fix,  §  4045. 
Rights   under,    §   3359. 

Securities,  license  of  persons  buying  or  selling,  §  3379. 
Separate  for  each  branch  of  business,  §  3359. 
Soldiers,    sailors    and     marines    honorably    discharged, 

exempt  from,  §  3366. 
State  treasurer  to  print  and  forward  to  auditors,  §  433. 
Statements  as  to  business  done,  §  3361. 
Supervisors,  powers  of  in  imposing,  §  3366. 
Tax  collector,  duty  of  regarding,  §  3361. 
Tax   collector,   license   for   tolls   to   be   obtained   from, 

§   3378. 
Tax  collector,  to  make  monthly  settlements  and  pay- 
ments, §  3363. 
Tax  collector  to  return  unsold  licenses  monthly,  §  3363. 
Time  to  procure,  §  3359. 
Theaters,  §  3380. 
Toll  bridges,  §  2845. 
Toll  bridge,   changing,   §   2846. 

Toll  bridge,  connecting  two  counties,  license,  §  2851. 
Toll  bridge,  estimates  used  in  fixing,  §§  2848,  2849. 
Toll  bridge,  issuance  of,  §  2849. 
Toll  bridge,  license  for  issued,  when,  §  2878. 
Toll  bridge,  limit  on  amount  of,  §  2846. 
Toll  bridge,  proceedings  in  fixing,  §  2848. 
Toll  bridge,  revenue  from  license  purchasing  toll  roads 

or  bridges  with,  §  2857. 
Tolls  on  bridges,   ferries,  wharves,   chutes,   and  piers, 

§  3378. 
Toll   on   bridges,   ferries,   wharves,   chutes   and   piers, 

who  to  issue,  §  3378. 
Upon  whom  may  be  imposed,  §§  3366,  4405. 
LIEN,  assessment  by  reclamation  district  is,  §§  3463,  3466. 
Fines    or    penalties    for    violating    immigration    laws, 

§§   2955.  2959. 
Judgment   on   bonds,    §§    984,    987. 
Judgment   on   bond,    enforcement   of    contract   to   sell 

realty  affected  by,  §  987. 
Poll  tax,  §  3860. 

Tax  due  on  personal  property,  on  real  property,  §  3717. 
Tax,   lien   of:   See   Taxation,   VII. 
Tax  on  real  property,  on  what,  §  3718. 


1242  LIEN— LIMITATIONS. 

Tax  on  improvements,  on  what,  §  3718. 
Taxes,  levy  of  as,  §  3716. 
Wharfage  to  be,  §  2524. 

LIEUTENANT-GOVERNOR,  board  of  directors  of  state 
prison,  member  of,  §  367. 

Contest  of  election,  any  elector  may  contest,  §  288. 

Contest  of  election,  notice  of  contest,  serving  of, 
§  290. 

Contest  of  election,  notice  to  houses  that  specifica- 
tions received,  §  291. 

Contest  of  election,  time  for,  §  289. 

Contest  of  election,  trial  committees,  how  chosen, 
§  292. 

Contest  of  election,  trial  committee,  judgment  of  and 
conclusiveness  of,   §  295. 

Contest  of  election,  trial  committee,  notice  of  choice 
and  entry  in  journals,   §  293. 

Contest  of  election,  trial  committee,  powers  and  duties 
of,   §  294. 

Contest  of  election,  verified  specification  of  grounds 
of  contest,  §  289. 

County  clerks  to  make  and  seal  certified  copies  of  re- 
turns   for,    §§    1292,    1293. 

County  clerks  to  send  certified  copies  of  returns  for 
to  what  legislators,   §§  1294,  1'295. 

Duties   prescribed   by  constitution,   §   396. 

Mode  of  election  of  prescribed  by  constitution,  §  348. 

Oath   of,    §    905. 

Per  diem  and  mileage,  of,  §  397. 

Regent  of  state  university,  ex-officio,  §  353, 

Resignation,  how  and  to  whom  made,  §  995. 

Returns  for,  opening,  canvassing,  and  declaring,  §  1296. 

Tie  vote,   legislature   elects,   §   1068. 

Warden  of  state  prison,  is,  §  367. 

LIFE    INSURANCE    CORPORATIONS,   foreign,    tax   on,    § 
622a. 

Insolvent  when,   §  602. 

Register  of  policies,  §  634, 

Securities,  amount  in  treasury  and  withdrawal  of, 
§   634. 

Securities,  deposit  of  to  protect  policies,  §  634. 
LIMITATIONS,  code,  effect  of  on.  §  9. 

Of  actions  to  quiet  title  to  certain  lands,  §  3417. 

Of  actions  for  injuries  by  mobs  or  riots,  §  4454, 

Warrants  of  reclamation  district,  on,  §  3457. 


LIQUOR— MADERA    COUNTY.  1243 

LIQUOR  not  to  be  sold  within  a  mile  of  university,  §  1405. 

Penalty,  §  1405. 

License  for  retailing,  §§   3381,  3383. 
LIS  PENDENS,  filing  in    actions  on    reclamation    assess- 
ments, §  3466. 
LIVERY-STABLE  KEEPERS,  license,  §  3382. 
LOCAL  taxes,  collection  of:  See  Taxation,  IX,  4. 
LOS  ANGELES  CITY,  normal  school  in,  acts  establishing 

and   making  appropriations  for,  pp.   1101,   1102. 
LOS  ANGELES,  boundaries  and  county  seat,  §  3945. 

Legal  distance  from  county    seat    of    to    Sacramento, 
§  168. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
LOST  COMMISSION.     Issuing  of  new  commission,  §  1925. 
LOST  PROPERTY,  appraisers,  appointment  of,  §  3137. 

Appraisers,  lists  of  to  be  filed,    recorded    and    posted, 
§  3138. 

Appraisers  to  make  two  lists  of  property,  §  3137. 

Duty  of  finder  where  owner  known,  §  3136. 

Duty  of  finder  where  property  not  known,  §  3126. 

Duty  of  person  saving  property,  §  3136. 

List  of  to  be  filed,  recorded  and  posted,  §  3138. 

Owner   appearing   and    claiming    property    within   on*} 
year,  rights  of,  §  3140. 

Penalty  where  finder  fails  to  make  discovery,  §  3141. 

Proceedings    where     no     owner     appears     within     six 
months,  §  3139. 

Proof,  how  made,  §  3142. 

Title  to  when  vests  in  finder,  §  3139. 
LOST  WARRANTS:   See  Public  Lands,  V. 
LUMBER,  drift,  failure  of    owner    to  take  away,  proceed 
ings  on,  §  2391. 

Drift,  owner  may  reclaim,  §  2390. 

Drift,  owner  reclaiming,  damages,  §  2390. 

Drift,  sale  of,  proceeds,  disposal  of,  §§  2392,  2393. 

Drift,  sale  of,  rejection  of  claim  to  proceeds  and  actioil 
on,  §  2393. 

Floating,   defined,   §   2389. 

Supervisors  may  improve  streams  to  float,  §  4085. 
LUNATICS:   See  Insane  Asylums;   Insanity. 

MADERA  COUNTY,  legal  distance    from    county  seat    of 
to  Sacramento,  §  169. 


1244  MAGISTRATE— MARIPOSA    COUNTY. 

MAGISTRATE,  definition  of,  §  17. 

Superio"  judge  to  perform  duties  of,  §  4134. 

MAJOR-GENERAL     of     National     Guard:     See     National 
Guard,  XI. 

MAJORITY,  joint  authority,  may  act,  §  15. 

MALICIOUS  MISCHIEF,  jurisdiction  of  police  court  ovej , 
§  4426. 

MANDAMUS.     Compelling  entry  of  name  on  great  regis- 
ter, §§  1108,  1109. 

MAPS,   certain,  to  be   delivered  to   clerk  of  sunervisora 
§  3654. 
City  maps  for  purposes  of  assessment,  §  3658a. 
Of  boundary  lines  heretofore  made  valid,  §  3973. 
Supervisors  to  furnish  to  assessor,  §  3658. 

MARE    ISLAND   pilot  commissioners:   See  Pilot  CommiJ- 
sioners. 
Pilots  for:    See  Pilots. 

MARIN  COUNTY  boundaries  and  county  seat,  §  3957. 
Legal   distance  from   county   seat    of    to    Sacramento, 

§  170. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,   §   4330. 

MARINE    INSURANCE    COMPANIES,   foreign,    tax   on,    § 
622a. 
Insolvent  when,  §  602. 

MARIPOSA    BIG    TREES,    commissioners     of,    duties    of 
where  prescribed,  §  726. 

Commissioners    of,    law    governing    appointment    and 
terms  of  oflBce,  §  357. 

Commissioners  of,  powers  of,  generally,  §  3584. 

Commissioners    to    manage,    number   and   appointment 
of,  §  3584. 

Guardian  of,  appointment  and  term  of  office,  §  3585. 

Guardian  of,  duties  and  compensation  of,  §  3585. 

Report  of  commissioners,  §  3586. 
MARIPOSA  COUNTY,  act  to  protect  stockraisers  in  con- 
tinued in  force,  §  19. 

Boundaries  and  county  seat,  §  3938. 

Legal  distance  from    county    seat    of    to    Sacramento, 
§  171. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 


MARK— MARRIAGE,  1246 

MARK.     Signature,  how  made  by,  §  17. 
Signature  includes,  §  17. 
Subscription  includes  mark,  §  17. 
MARKET,  free,  act  authorizing  harbor  commissionerH  to 

establish  in  San  Francisco,  p.  1096. 
MARKS  AND  BRANDS.    Act  concerning  marks  and  brands 

in  Siskiyou  County  continued  in  force,  §  19. 
Animals,  how  marked  or  branded,  §§  3171,  3172. 
Animals  to  be  branded  before  what  age,  §  3172. 
Apprentice,  child,  servant,  etc.,  not    to    use    different, 

§  3183. 
Apprentice,    child,    servant,    etc.,    may    use    different 

when,  §  3183. 
Apprentice,   child,   servant,  etc.,    of,    to    be    recorded, 

§  3183. 
As    evidence    as    to    ownership    of    branded    animals, 

§§  3168,  3172. 
Dispute  as  to  person  first  recording  entitled  to,  §  3172. 
Hides  of  slaughtered  cattle  to  be  kept    fifteen    days, 

§  3185. 
Mismarking  or  misbranding,  duty  of  person  knowing 

of,  §  3184. 
More  than  one  not  to  be  used,  §  3170. 
More  than  one,  penalty  for  using,  §  3183. 
Penalty  for  using  of  another,  §  3183. 
Penalty  for  using  other  than  recorded,  §  3183. 
Persons  selling  animals  to  counterbrand  or  give  writ- 
ten description,  §  3182. 
Recorder,  not  valid  unless,  §  3170. 
Recorder,  duty  of  as  to,  §§  3168,  3169. 
Recorder,  fees  of,  §  31.68. 
Recording  of,  §  3168. 

To  be  different  from  any  other  in  use,  §  3167. 
What  cannot  be  made,  §  3171. 
MARRIAGE,  certificate  of  registry,  filing,  §  3076. 

Certificate  of  registry,  form  and  contents,  §  3076. 
Certificate  of  registry,  recording,  manner  of  and  duty 

of  recorder,  §  3078. 
Certificates    of:     See    Registration;     Recorders;     State 

Board  of  Health. 
Certificates  of,  fees,  none  to  be  charged  for  recording, 

§  3078. 
Certificates  of,  transmitting  monthly  to  state  registrar 

and  duty  of  state  registrar,  §  3078. 
Certified  copies  of  records  of,  as  evidence,  §  3083. 


1246  MARRIAGE— MEETINGS. 

Certified  copies  of  records  of,  fees  for,  §  3083. 
Certified  copies  of  records  of,  state  registrar  to  furnish, 

§  3083. 
Registration:  See  Registration. 

MARRIED  WOMEN,  Residence  of,  §  52. 

MARSHAL,  bond  of,  §  4374. 

Census:   See  Schools,  VII. 

Collector  of  taxes,  §  43^9. 

Deputies,  §  4389. 

Duties  of,  §  4389. 

Elective  oflacer  of  city,  §  4370. 

Executiv     officer  of  city,  §  4385. 

Qualifications  of,  §  4370. 

Qualify,  how,  §  4370. 

Taxation,  powers  and  duties  in  relation  to:   See  Taxa- 
tion, X,  §  6. 

Term  of  office,  §  4370. 
MARSH  LANDS:   See  Public  Lands,  XL 
MASCULINE  includes  feminine  and  neuter,  §  17. 

MASTER  AND    SERVANT.     Hours   of   labor:   See   Hours 

of  Labor. 
Intoxicated  driver,  duty  to  discharge,  §  2933. 
Liability  of  employer  for  road  poll  tax  assessed  agRinst 

employee,  §  267L 
Negligence  of  driver,  liability  of  owner  for,  §  2936. 

MAYOR,  common  council,  president  of,  §§  4388,  4403. 
Elective  officer  of  city,  §  4370. 
Executive  officer  of  city,  §§  4355,  4385. 
Harbor  commission,  ex-officio  member  of,  §  2531. 
Powers  and  duties  of  enumerated,  §§  4386,  4388. 
President  of  board  of  health  in  San  Francisco,  §§  3005, 

3006. 
Qualifications  of,  §  4370.  . 
Qualify,  how,  §  4370. 
Term  of  office,  §  4370. 

MEASURES:   See  Weights  and  Measures. 

State  sealer  of  weights  and  measures:   See    Sealer    of 
Weights  and  Measures. 

MECHANICS'    INSTITUTES,    president    of     ex-officio    re- 
gent of  state  university,  §  353. 
MEDALS:  See  National  Guard,  XXVIII. 
MEETINGS,  supervisors:  See  Supervisors. 


MENDOCINO    COUNTY— MILITARY    ROLL.  1247 

MENDOCINO  COUNTY  boundaries  and  county  seat,  §  3918. 

Legal   distance  from    county    seat    of  to    Sacramento, 
§  172. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
MERCED  COUNTY  boundaries  and  county  seat,  §  3934. 

Legal  distance   from  county  seat  of  to  Sacramento,  § 
173. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
MERCHANTS,  license,  §  3382. 
MERIDIAN,  surveys  to  be  by  true,  §  4271. 
METERS:   See  Inspector  of  Gas  Meters. 
MIDWIVES  to  make  reports  of  births  and  stillborn,  §§  3024, 
3075. 

MILEAGE.     Assessor  seizing  and  selling  personalty,  mile- 
age of,  §  3793. 

Computation  of  distance,  §  208. 

Controller  to   deduct,   from   payments   made  by  treas- 
urer, §  3871. 

Legislative  officers,  who  only  allowed  mileage,  §  237. 

Legislators,  §  266. 

Lieutenant-governor,  §  397. 

Members  of  county  board  of  education,  §  1770. 

Messenger  to  deliver  presidential  returns,  §  1312. 

Presidential  electors,  of,  §  1321. 

Speaker  of  assembly,  §  267. 

Supervisor,  of,  as  road  commissioner,  §  2641. 

Treasurer,  §§  3866,  3871,  3876. 

Trustees  of  state  normal  school,  §  1492. 
MILE-STONES:   See  Highways,  XL 
MILITARY  AUDITORS:   See  National  Guard. 

Attorney-general  is  member  of  board  of,  §  470. 
MILITARY    LAWS:   See  National   Guard. 

Insane   soldiers  and   sailors,   admission   to   asylums,   § 
2185a. 

Soldiers,  sailors  and  marines  exempt  from  license  tax, 
§  3366. 
MILITARY   OFFICERS:   See  National  Guard. 
MILITARY  ROLL,  assessor  to  make  out,  §  1897. 

Compensation  of  assessors  for  making,  §  1901. 

Correction  of  by  board  of  equalization,  §  1899. 

Penalties  for  dereliction  as  to,  §  1898. 

Tax  collector  makes  out  in  San  Francisco,  §  1897. 


1248  MILITIA— MONEY. 

MILITIA:  See  National  Guard, 

MINISTERS  exempt  from  immigration  laws,  §  2963. 

Exempt  from   military  duty,   §  1896. 
MINORS:   See  Home  for  Feeble-Minded  Children. 
MISCONDUCT,  officers  of:   See  Offices  and  Officers. 
MISDEMEANOR.     Bribery  of    member    of    school    board, 
§  1879. 
Bridge,  injury  to,  §  2737. 
Disturbing   public   school   or   public-school   meeting,    § 

1868. 
Harbor-master   of  Eureka,   refusal  to   obey  orders   of, 

§  2570. 
Jurisdiction  of  police  court  over,  §  4426. 
National  Guard,  hindrance  or  obstruction  of,  §  2094. 
Placing  animals  or  refuse  near  roads  or  street,  §  2737. 
Purity  of  elections,  violation  of  provisions  of  act,  pp. 

1044  et  seq. 
Removal  of  copy  of  posted  result  of  election,  §  1261. 
School  certificate  or  diploma,  issuing  without  author- 
ity is  a,  §  1869. 
Soliciting  candidate  for  office,  p.  1102,  Stats. 
Teacher,  abusing  in  presence  of  class,  §  1867. 
Teacher  or  officer  of  schools  acting  as  agent  for  sup- 
plies, §  1870. 
Vital  statistics,  neglect  or  refusal  of  duty,  §  3082. 
MISNOMER,  not  to  invalidate  tax  sales,  §  3807. 
MISTAKE.     Assessment,    what    mistakes    do     not     affect, 
§  3807. 

MOBS,  action  for  to  be  brought  within  year,  §  4454. 

Contributory  negligence  defeats  action  for  injury  from, 

§  4456. 
Firing  upon  by  militia,  §  1921. 
Levees  or  other  works  of  reclamation,  injuries  to  by, 

§  4457. 
Liability  of  city  for  injuries  by,  §  4452. 
Venue  of  action  for  injuries  from,  §  4453. 
Warrant  and  tax  to  pay  judgment  for  injuries  from, 

§  4455. 

MODOC  COUNTY.    Legal  distance  from  county  seat  of  to 
Sacramento,  §  174. 

MONEY,  amount,  how  computed  and  stated  in  judgments 
and  executions,  §  3274. 
Of  account  in  public  accounts,  §  3272. 
Of  account,  what  is  the,  §§  3272,  3273. 


MONO     COUKTY— MUNICIPAL     CORPORATIONS.  1249 

MONO  COUNTY  boundaries  and  county  seat.  §  3935. 

Legal  distance  from  county  seat  of  to  Sacramento,  § 
175. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
MONTEREY  COUNTY,  act  to  protect  stock-raisers  in  con- 
tinued in  force,  §  19. 

Boundaries  and  county  seat,  §  3948. 

Legal  distance  from  county  seat  of  to  Sacramento,  § 
176. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 
MONTH,  meaning  of,  §  17. 

School   month,  what  constitutes,   §  1697.     See  Schools, 
XXIV. 
MORTGAGE,  index,  §  4236. 

Recorder  to  furnish  list  to  board  of  equalization,  §  3678. 

To  be  recorded,  §  4235. 

Tax  on  incumbered   property:    See  Taxation,  VIII. 
MUNICIPAL    CORPORATIONS.     Accounts    and    demands, 
how  audited  and  paid,  §  4387. 

Act  authorizing  cities  to  execute  trusts  in  relation  to 
town  lands  continued  in  force,  §  4442. 

Act  authorizing  county  judges  to  execute  trusts  in  re- 
lation to  town  lands  continued  in  force,  §  4442. 

Act  establishing  to  fix  time  of  first  election  and  num- 
ber of  council,  §  4366. 

Action  for  breach  of  contract  or  damages,  jurisdiction 
of  police  court,  §  4427. 

Action  for  money  due  to,  jurisdiction  of  police  court 
over,  §  4427. 

Action  to  recover  personalty  by,  jurisdiction  of  police 
court,  §  4427. 

Acts  consolidating  cities  and  counties,  §  19. 

Acts  relating  to  continued  in  force,  §  19. 

Assessments  by,  jurisdiction  of  police  court  over  ac- 
tions for,  §  4427. 

Assessor,  duties  of,  §  4390. 

Authority  to   lay   gas   and   water   mains,   granting,   §§ 
4410,  4411,  4413. 

Bodies  politic  and  corporate,  §  4354. 

Bonds,  notice  to  be  given  certain  officers  when  ready 
to  be  sold,  §  681. 

Bonds  of  officers,  additional,  §  4374. 

Boundaries,  how  changed,  §  4357. 

Charters,  election  for,  p  1043,  Stats. 

Pol.  Code — 79  ._,  .i 


MUNICIPAL   CORPORATIONS. 

Cities,  definition  of,  §  4354. 

Cities,  what  are,  §  4356. 

City  attorney:   See  City  Attorney. 

City  clerk,  duties  of,  §  4373. 

City  treasurer:    See  Treasurer  of  City. 

Clerk,  common  council  to  choose,  §  4409. 

Contracts  for  gas  and  water,   §  4412. 

Election,    first,   of   city   oflicers,   notice   by   whom   and 

how  given,  §  4367. 
Election,  first,  of  city  officers,  returns,  declaration  of 

result  and  certificates,  §  4367. 
Elections,  municipal,  where  held  separate  from  state, 

act  relating  to,  p.   1043,   Stats. 
Elections,  qualified   electors,  who  are,  §  4368. 
Elective  officers  of  city  enumerated,  §  4370. 
Elective  officers  of,  qualifications  of,  §  4370. 
Executive  officers  of,  who  are,  §  4385. 
Freeholders,  election  for,  p.  1043,  Stats. 
Funding  and  refunding  city  indebtedness:    See  Public 

Debt. 
Highway  law  does  not  apply  to  coaches  and  carriages 

in  cities,  §  2937. 
Marshal:  See  Marshal. 
Mobs  or  riots,  action  for,   when  to   be  commenced,   § 

4454. 
Mobs  or   riots,  contributory   negligence   defeats  action 

for,  §  4456. 
Mobs  or  riots,  liability  for  injuries  by,  §  4452. 
Mobs  or  riots,  venue  of  actions  for,  §  4453. 
Mobs  or  riots,  warrant  and  tax  to  pay  judgment,  §  4455. 
Officers,   common  council  to  provide  for  appointment, 

election  and  term  of  office,  §  4369. 
Officers,  oath  of  office  and  bond,  §  4374. 
Powers,   executive,   vested   in    mayor,    §    4355. 
Powers,  general  and  special,   §  4354. 
Powers,  judicial,   vested  in  police  court,  §   4355. 
Powers,  legislative,  executive  and  judicial,  have,  §  4355. 
Powers,  legislative,  vested  in  common  council,  §  4355. 
Street  improvements,  power  to  make,   §  4409. 
Streets  or  alleys,   condemning  private  property  for,  § 

4372. 
Supervisors:  See  Common  Council. 
Swamp  and  overflowed  lands  within  two  miles  of,  law 

governing,   §   3488. 
Taxes,  city,  manner  of    assessing  values  and  collect- 
ing taxes,  §  4390. 
Taxes,  limitation  upon  amount  of  city  taxes,  §  4371. 


MUNICIPAL    CORPORATIONS— NATIONAL    GUARD.  1251 

Vacant,  office,  when  becomes,  §  4372, 

Wards  in  city,  number  and  boundaries  of,  §  4404. 

Wards,  supervisors  may  change,  §  4404. 

Wharves,  in,  §§  2914,  2920. 

What  are  cities,  §  4356. 
MUSTER:   See  National  Guard,  XXX. 
MUSTER  ROLLS:   See  National  Guard,  XXX. 
MUTUAL  INSURANCE  COMPANIES,    insolvent    when,    § 
§  602, 

NAMES,  changes  of,  secretary  of  state  to  record,  §  408. 

Error  in,  not  to  invalidate  sale  for  taxes,  §  3807, 

Order  or  decree  changing,  fee  for  filing,  §  416. 

Of  county,  §  4002. 
NAPA  COUNTY  boundaries  and  county  seat,  §  3958. 

Legal  distance   from    county   seat   of   to   Sacramento, 
§  177, 

Salary  of  county  judge,  §  4329, 

Salary  of  district  attorney,   §   4330. 
NAPA  CREEK,  toll  bridge  not  permitted  over,  §  2872. 
NAPA  RIVER.     Act  to  prevent  destruction  of  fish  in  Napa 

River  continued  in  force,  §  19, 
NATIONAL  BANK,  taxation  of  shares  in,  §§  3609,  3610. 
NATIONAL  CITY,  mayor    of    ex-officio    member    of    San 
Diego  Harbor  commission.  §  2587. 


NATIONAL  GUARD. 

1. 

General    Provisions. 

II. 

Actual  Service. 

III. 

Adjutant-general. 

IV. 

Arms,    Uniform    and    Equipment. 

V. 

Artillery. 

VI. 

Board  of  Examination. 

VII. 

Brigades. 

VIII. 

Brigadier  Generals. 

IX. 

Casualties. 

X. 

Cavalry. 

XI. 

Chaplains. 

XII. 

Colors. 

XIII. 

Commander-in-chief. 

XIV. 

Commissions. 

XV. 

Companies. 

XVI. 

Courts-martial. 

XVII. 

Discharge. 

1252 


NATIONAL  GUARD,   ^ 


XVIII.  Drills. 

XIX.  Duty. 

XX.  Engineers. 

XXI.  Enlistment. 

XXII.  Enlisted   Men. 

XXIII.  Exemptions  and  Privileges. 

XXIV.  Fines    and    Penalties. 
XXV.  Honorary  Members. 

XXVI.  Hospital  Corps. 

XXVII.  Infantry. 

XXVIII.  Insignia,    Decorations    and    Medals. 
XXIX.  Inspection;    Muster;    Muster-roll. 

XXX.  Instruction. 

XXXI.  Judge   Advocates. 

XXXII.  Medical   Department. 

XXXIII.  Military  Courts. 

XXXIV.  Military   Roll. 
XXXV.  Music. 

XXXVI.  Naval   Militia. 

XXXVII.  Oaths. 

XXXVIII.  Officers. 

XXXIX.  Parades. 

LX.  Pay  and  Allowances. 

XLI.  Resignation  and  Retirement. 

XLII.  Rules;     Regulations;     By-laws. 

XLIII.  Signal  Corps. 

XLIV.  Special  Enrollment. 

XLV.  Staff. 

I.    General  Provisions. 
Camp,  arrest  of  trespassers  or  disturbers,  §  2095. 
Changes  in  regular  army  to  be  adopted  in,  §  1927. 
Composition  of.  §  1925. 
Custom  and    usage  of    United   States  Army  or  Navy 

govern  where  no  provision,   §  2104. 
Discipline   and    exercise    conform    to   that   of    United 

States  Army.  §  2012. 
Divided  into  active  and  reserve  militia.  §  1906. 
Fees,   none    to    be    charged    for    administering    oaths, 

§  2106. 
Practice  marches,  to  participate  in,  annually,   §  2005. 
Reserve  militia,  what  constitutes,  §  1906. 
Small   arms    practice,     decorations    for     excelling    In, 

§  2009. 


NATIONAL    GUARD,    I-III.  1253 

Strength  of,  §  1925. 

Target  practice,  expenditures  for,  power  of  adjutant- 
general,  §  2079. 

United  States  Army,  laws,  rules  and  regulations  of, 
govern,  generally,  §  1919. 

War   service   regarded   as  service  in,   §   2010. 

II.  Actual  service. 

Active  militia,  what  constitutes,  §  1906. 

Articles  of  war  of  United  States  govern,  §  1918. 

Articles  of  war  of  United  States,  death  penalty  inflicted 

under  when  only,  §  1918. 
Commission  of  officer,  how  long  continues.  §  1916. 
Firing  upon  mob,  discretion  of  officer,  §  1921. 
Firing  upon  mob,  liability  of  officer  ordering,  §  1921. 
Firing  upon  mob,  penalty,  for  using  blank  cartridges, 

§  1921. 
Imprisonment  other  than  in  guardhouse,  how  inflicted, 

§  1918. 
Insurrection,    governor   may    declare    state    of,    when, 

§  1917. 
Insurrection,  ordering  out  troops  to  repress,  §  1917. 
Insurrection,  revoking  proclamation  of,  §  1917. 
Members,  actions  against,  attorney  general  and  district 

attorney  to  defend,  §  1922. 
Members  not  liable  for  acts  in  line  of  duty,  §  1922. 
Organization   and    command   of   troops   from   different 

commands,  §  1915. 
Persons  drafted,  summoning  and  rendezvous  of,  §  1911. 
Refusal  to  rendezvous,  penalty,  §  1912. 
Reserve  militia,  called  into,  drafts  or  volunteers  from, 

§  1910. 
Reserve   militia    called    out,    organization,    equipment 

and  discipline,  §  1914. 
Reserve  militia,  called  out,  time  of  enlistment,  §  1914. 
Reserve  militia,  when  may  be  called  into,  §  1909. 
Retirement,  ordering  into  service  afterwards:  See  post, 

Resignation  and  Retirement. 
Substitutes,  §  1913. 
Troops  under  direction  of  civil  officer,  how  far  to  obey 

orders,  §  1920. 
Upon  whose  call  may  be  called  into,  §  1909. 
Vacancy  among  officers,  governor  fills,   §   1916. 
When  may  be  called  into,  §  1909. 
Who  may  call  into,  §  1909. 

III.  Adjutant-general. 

See  post,  Pay  and  AUowancea. 


1254  NATIONAL,  GUARD,    III,    W. 

Assistants  and  clerks,   §  1923, 

Assistant  performs  duties  in  absence  of,  §  1923. 

Assistant,  salary  of,  §  2086. 

Assistant,   to   appoint,    §   1923, 

Bond  of,  §  1924. 

Clerks  and  employees  of,  salaries,  §  2086. 

Controls  military  department  of  state,  §  1923. 

Duties,  general,  enumerated,  §  1923. 

Di'ties  performed  under  direction  of  commander-in- 
chief,  §  1923. 

Ex-officio  chief  of  ordinance,   §  1923. 

Bx-officio  chief  of  staff,  §  1923. 

Ey-ofl5cio  commissary  general,  §  1923. 

Ex-ofl3cio  inspector  general,  §  1923. 

Ex-officio  paymaster  general,  §  1923. 

Rx-officio   quartermaster-general,    §   1923. 

Expenditures  for  target  practice,  may  make  at  any 
time,  §  2079. 

Purchases,  duties  in  relation  to,  §  1923. 

Purchases,  how  made,  §  1923, 

Salary  of,  §  2086. 

Seal,  §  1923. 

Subordinate  only  to  governor,  §  1923. 

IV.     Arms,  uniforms  and  equipments. 

Accounts  for  to  be  certified  by  inspecting  officer, 
§  2043. 

Bids  for,  §  2043. 

Bonds  of  officers  controlling  property,  §  2081. 

Full  dress  uniform,   power  to  adopt,   §  2042. 

Not  to  be  loaned  or  given,  §  2046. 

Not  to  be  used  except  on  duty,  §  2046. 

Officers  to  provide  themselves  with,   §  2040. 

Property  purchased  enumerated  in  annual  muster  roll, 
§  2044. 

Property  purchased  with  state  money  to  be  state  prop- 
erty, §  2044. 

Purchase  of  uniforms  and  equipments,  manner  of,  § 
2043. 

Responsibility  of  person  to  whom  issued,  §  2045. 

State  to  provide  necessary,  §  2039. 

To  be  kept  in  proper  repair  and  condition,  §  2039. 

Transportation  of,  to  be  contracted  for,  §  2082. 

Transportation  of,  vouchers  for,  payment  of,  §  2082. 

Uniforms  of  enlisted  men,  §  2041. 

Value  of  and  responsibility  for  lost  property,  how  de- 
termined, §  2045. 


NATIONAL    GUARD,    V-XI.  li5i>S 

V.  Artillery. 

Coast,  companies  to  be  organized  into  battalion,  §  1932. 
Coast,  officers  and  noncommissioned  officers  of  battal- 
ion, §  1932. 

VI.  Board  of  examination. 

Adverse  finding  and  dismissal,  §  1964. 

Examining  board:   See  post,  Officers. 

Examination  and  re-examination  of  officers:    See  post. 

Officers. 
Failure  to  appear  before,  effect  of,  §  1964. 
Number  of,  §  1964 

Officer  may  be  ordered  before,  when,  §  1964. 
Powers  of,  §  1964. 
Proceedings  before,   §  1964. 
What  officers  disqualified  to  act,  §  1964. 

VII.  Brigades. 

Each  to  be  commanded  by  brigadier  general,  §  1926. 
To  be  organized  into  two,  §  1926. 

VIII.  Brigadier  generals. 

Appointment  and  confirmation,   §  1957. 

Brigade  commander,  courts-martial,  power  to  appoint, 

§  2019. 
Pay  and  allowances  of,  §  2079. 
Qualifications  required   of,    §   1953. 
Staff  officers,  appointment  and  term  of  office,  §  1957. 
To  make  muster  roll  annually,  §  1902. 

IX.  Casualties. 

Expenses   of    wounded    or    disabled    men    to    be   paid, 

§  2099. 
Widow  and  children  of  member  killed,  legislature  to 
provide  for,   §  2099. 

X.  Cavalry. 

Officers  and  noncommissioned  officers  of  squadron  of, 

§   1933. 
Officers  of  troop  of,  §  1933. 
Troops  of  to  be  organized  into  squadron,   §  1933. 

XI.  Chaplains. 

Appointment  and  term  of  office,  §  1957. 

Exempt  from  examination,  §  1954. 

To  be  regularly  ordained  ministers,  §  1953. 


56  NATIONAL    GUARD,     XII-XVI. 

XII.  Colors. 

What  only  to  be  carried  while  under  arms,  §  2105. 
What  to  be  carried,  §  2105. 

XIII.  Commander-in-chief. 

Appoints  what  officers,    §   1957. 

Bi-evet  commissioners,  power  to  confer,  §  1968. 

Chaplain  of  naval  militia,  appoints,  §  2112. 

Courts-martial,    power   to   appoint,    §   2019. 

May  appoint  officers  where  no  choice  at  election, 
§   1958. 

May  order  officer  before  board  of  examination,  when, 
§   1964. 

May  organize  National  Guard  into  two  brigades, 
§   1926. 

Medical  department,  to  designate  number  of  noncom- 
missioned officers  and  privates,  §  1929. 

Medical  officers,  assignment  to  duty  by,  §  1929. 

Naval  militia,  applying  to  -president  for  detail  of  of- 
ficers for,   §  2112. 

Naval  militia,  appoints  officers  of  medical  department 
of,  §  2112. 

Naval  militia,  power  of  over,  §  2112. 

Naval   militia,  power  to  locate,  §   2111. 

Governor  is,   §  1907. 

Powers  o^  enumerated,   §  1927. 

Rules  and  regulations,  power  to  make,   §  2103. 

Staff  of,  §  1908. 

To  fill  vacancies,  in  unattached  organizations,  §  1958. 

Upon  whose  call  may  call  National  Guard  into  active 
service,   §  1909. 

XIV.  Commissions. 
Brevet,  effect  of,  §  1968. 
Brevet,  power  to  confer,  §  1968. 

Loss    or    destruction,    issuance    of    new    commission, 

§  1966. 
New,  need  not  be  issued  on  re-election,  §  1966. 

XV.  Companies. 

Not  to  consist  of  less  than  fifty  enlisted  men,  §  1927. 
Number  not  to  exceed  seventy-eight,  §  1925. 

XVI.  Courts-martial. 

See  post,  Military  Courts. 
Absence  from  drills,   §  2006. 
Appearance  and  pleading  waives  irregularities,  §  2022. 


NATIONAL    GUARD,    XVI-XIX.  1267 

Books,  papers,  etc.,  power  to  compel  production, 
§   2023. 

Charges,  service  of,   §   2022. 

Commissions,  to  take  testimony,  issuance  of,  §  2023. 

Contempt,   power  to  punish   for,   §   2023. 

Fines  and  penalties,  how  collected,  §  2026. 

Power  of  courts,  §  2023. 

Punishments,  what  may  inflict  on  conviction,  §  2020. 

Release,  service  of  charges  and  trial  after,  §  2022. 

Sentence,  appeal,  effect  of  and  proceedings  on,  §  2021. 

Sentence,  appeal,  right  of,  §  2021. 

Sentence,  officer  not  dismissed  without  approval  of 
commander-in-chief,    §    2021. 

Sentence,  revision  and  approval  or  disapproval  by  offi- 
cer appointing,  §  2021. 

Subpoenas,  §  2023. 

Trial,  time  of  holding,  §  2022. 

What  officers  may  appoint,  §  2019. 

Witnesses,  delinquent,  punishment  of,  §  2023. 

Witnesses,  power  to  compel  attendance,   §  2023. 

Witnesses,  report  of  delinquency  and  proceedings 
against,  §  2023. 

XVII.  Discharge. 

Bars  re-entry  to  National  Guard,  §  1967. 

By    disbandment,    enlistment    of  men,  and  rights  on, 

§  1980. 
Dishonorable,  effect  on  right  to  enlist,  §  1980. 
Disqualifies  from  holding  office,  §  1967. 

XVIII.  Drills. 

Commanding  officer  may  order,   §  2003. 
Mounted  companies  to  have  four  a  year,  §  2003. 
Penalty  for  absence  from,  §  2006. 

Record  of  attendance  at,  forwarding  to  adjutant-gen- 
eral, §  2007. 
Record  of  attendance  at,  keeping  of,  §  2007. 
Returns  of  attendance  at,   §   2007. 
Three  to  be  had  monthly,  §  2003. 

XIX.  Duty. 

Excuses  from,  §  2014. 

Military  duty,  alien,  what  not  required  of,  §  1895. 

Military  duty,  who  exempt  from,  §  1896. 

Military  duty,  who  subject  to,  §  1895. 

Right  of  way  while  on,  §  2094. 

Warning  for,  how  given,  §  2013. 

Warning  for,  neglect  of,  verified  return  of,  §  2013. 


1258  NATIONAL,    GUARD,    XIX-XXIH. 

Warning  for  return  and  verification  of,  §  2013. 
Warning  for,  verified  return  of  as  evidence,  §  2013. 
Warning  for,  who  may  give,  §  2013. 

XX.  Engineers. 

Company  of,  of  what  consists,  §   1930. 
Oflicers  to  be  civil  engineers,  §  1953. 

XXI.  Enlistment. 

See  post,  Enlisted  Men. 
Bandmasters,  §  1980. 
Chief  trumpeter,  §  1980. 
Drum  majors,   §   1980. 
Hospital  corps,  members  of,  §  1980. 
Musicians,  §  1980. 
Veterinary  sergeants,  §  1980. 

XXII.  Enlisted   men. 

Application    for   membership,    when    and   how   made, 

§  1981. 
Application,  when  balloted  on,  §  1981. 
Disbandment,  enlistment  of  men  discharged  by,  §  1980. 
Discharge,  honorable,   effect   of,   §§   1980,   1985,   1986. 
Discharge,     dishonorable,     for     absence     from     drills, 

§  2006. 
Discharge,   dishonorable,    grounds   for,    §    1985. 
Dilscharge,  dishonorable,  how  made,  §  1985. 
Discharge,  dishonorable,  who  to  make,  §    1985. 
Discharge,   honorable,    how   granted,    §    1985. 
Fines  and  penalties,  for  what  offenses  by,  §  2027. 
Minors,  right  of  enlistment,  §  1980. 
Oath  of  enlisted  men,  §  1982. 
Offenses,  fines  and  penalties  for,   §   2027. 
Re-enlistment,  §  1980. 

Re-enlistment,  credit  for  continuous  service,  §  2098. 
Re-enlistment  of.   oath  of,   §  1982. 
Term  of  enlistment,  §  1980. 
Transfer  of,  §  1983. 
Transfer  of,  noncommissioned  officers  to  be  reduced  to 

ranks,  §  1983. 
Uniform  of,  §  2041. 
Who  eligible  to  enlistment,  §  1980. 

XXIII.  Exemptions  and  privileges. 

Arrest  on  civil  process,  privilege  of  member  from, 
§  2093. 

Exemption,   certificates  of,   §   2098. 

Exemption  from  military  duty  after  expiration  of  ser- 
vice,  §   2098. 


NATIONAL    GUARD,    XXIII-XXX.  Vio9 

Exemption  of  honorary  members  of,   §  2102. 
Exemption  of  members  from  jury  duty,  §  2098. 
Exemption   of  members  from    road   tax  or  bead   tax, 

§    2098. 
Exemption   of  members  from   service  on   posse  coml- 

tatus,  §  2098. 
Hindrance   or  obstruction   of   a   misdemeanor,    §   2094. 
Right  of  way  while  on  parade  or  performing  military 

duty,  §  2094. 
Trespassers  and  disturbers  to  be  arrested,  §  2095. 

XXIV.  Fines  and  penalties. 
Enlisted  men,  offenses  by,  §  2027. 

For   nonattendance,   books   and    records   as   evidence, 

§   2101. 
For  nonattendance,  how  collected,  §  2101. 
Officers,  offenses  by.  §  2027. 

XXV.  Honorary  members. 
Annual  payment  by,  §  2102. 
Exemptions  by,    §   2102. 

Number  allowed  to  each  company,  troop  or    battery, 
§  2102. 

XXVI.  Hospital  corps. 

See  post.  Medical  Department. 
Enlistment  of  members  of,  §  1980. 

XXVII.  Infantry. 

Companies,  officers  of,  §  1934. 

Extra  officers  may  be  detailed  for  what  service,  §  1934. 

Regiment,  consists  of  what.  §  1934. 

Regiment,  officers  of.   §  1934. 

XXVIil.     Insignia,  decorations  and  medals. 
What  may  be  worn,  §  2097. 
Service  medals,   §  2011. 

XXIX.  Inspection;    muster;    muster-roll. 

Inspection  and  muster,  to  me  made  annually,  §  2008. 
Inspection,    officer   of    United     States   Army   to   make, 

§  2008. 
Muster-roll,  brigadier  general  to  make  annually,  |  1902. 
Muster-roll,  copy  to  be  sent  to  adjutant-general,  §  1902. 
Muster-roll,  original,  where  filed,  §  1902. 
Muster-roll,   what  to  show,   §   1902. 

XXX.  Instruction. 

Camps  of,  duty  to  participate  in,  annually,  §  2005. 


;60  NATIONAL,    GUARD,     XXX-XXXIII. 

Camp  of,  failure  of  company  to  report  proceedings, 
§   2005. 

Commanding  officer  may  order  officers  and  men  to  as- 
semble for,  §  2003. 

To  assemble  three  times  monthly  for,  §  2003. 

XXXI.  Judge  advocates. 

Exempt  from  examination,  §  1954, 
Qualifications   required   of.    §   1953. 

XXXII.  Medical  department. 
Assignment  of  officers,  how  made,  §  1929. 

Chief  surgeon  of  naval  militia,  pay  and  allowances  ol, 
§  2079. 

Consists  of  what,  §  1929, 

Noncommissioned  officers  and  privates,  number  of  gen- 
erally, §  1929, 

Noncommissioned  officers  and  privates,  number  in  case 
of  emergency,  §  1929, 

Officers  exempt  from  examination,  §  1954, 

Rank  of  medical  officers,  §  1929, 

Surgeon  general,  pay  and  allowances  of,  §  2079. 

Surgeon  general  to  make  details  of  enlisted  men  of  hos- 
pital corps,  §  1929. 

Surgeons  and  assistant  surgeons,  appointment  of,  ana 
term  of  office,  §  1957, 

Surgeons  and  assistant  surgeons,  qualifications  re- 
quired of.  §  1953, 

Surgeons,  pay  and  allowances  of,  §  2079. 

XXXIII.  Military  courts. 

See   ante.    Courts-martial, 

Constitution,  jurisdiction  and  procedure,  what  governs, 
§  2018. 

Disorderly  conduct,  commitment  for,  §  2025. 

Enumerated,  §  2018. 

Limits  of  punishment  and  proceedings  for  revision, 
what  governs,  §  2018. 

Member  of  not  civilly  liable.  §  2028. 

Officer  ordering  not  civilly  liable.  §  2028. 

Process  and  mandates,  may  issue.  §  2024. 

Process  and  mandates,  execution  of  and  return  on, 
§  2024. 

Process  and  mandates,  fees  for  service  and  return  not 
to  be  charged,  §  2024, 

Process  and  mandates,  form  of  and  to  whom  directed, 
§  2024. 

Process  and  mandates,  jailers  to  receive  persons  com- 
mitted,  §   2024. 


NATIONAL,   GUARD,    XXXIV-XXXVI.  1261 

XXXIV.  Military  roll. 

Assessor  to  make  out,  §  1897. 
Compensation  of  assessors  for  making,  §  1901. 
Correction  of,  by  board  of  equalization,  §  1899. 
Duplicate    to     be     forwarded     to     brigadier     general, 

§   1900. 
How  made  out,  §  1897. 
Penalties  for  dereliction  as  to,   §  1898. 
Tax  collector  makes  out  in  San  Francisco,  §  1897. 

XXXV.  Music. 

Bands,  hired,  subject  to  military  laws  and  regulations, 
§   2096. 

Bands,  right  to  hire,  §2096. 

Field  music,  assignment  to  duty,  §  1935. 

Field  music,  enlistment  and  attachment  of  musicians, 
§  1935. 

Field  music,  musicians  organized  on  whose  applica- 
tion,   §    1935. 

Field  music,  number  of  musicians  allowed,   §  1935. 

Field  music,  organization  of,  oflBcers,  §  1935. 

Field  music,  organization  of,  of  what  to  consist,  §  1935. 

Musicians,  boys,  over  sixteen  may  be  enlisted  as,  §  1980. 

Musicians,    enlistment    of.    §    1980. 

XXXVI.  Naval  militia. 

Applying  to  President  for  detail  of  ofllcers,  §  2112. 

Chaplain,  appointment,  grade  and  rank,  §  2112. 

Commanded  by  a  captain,  §  2112. 

Commander-in-chief,  power  of  over,  §  2112, 

Consists  of  what,  §  2111. 

Courts-martial,  §  2112. 

Discipline  and  exercise,  §  2112. 

Division,  meaning  of,  §  2111. 

Division,  of  what  consists,  §  2112. 

Engineer  division,  grade  of  oflacers,  §  2112. 

Engineer  division,  oflBlcers,  qualifications  of,  §  2112. 

Location   of,    §   2111. 

Medical  department,  examination  and  approval  of  of- 
ficers, §  2112. 

Medical  department,  officers  of,  §  2112. 

Oflacers,  examination  of  before  issuance  of  commission, 
§   2112. 

Officers  deprived  of  rank  through  code  amendments, 
placed  on  retired  list.   §  2112. 

Officers  of,   appointment  and  qualifications  of,   §  2112. 

Officers  of,  election  and  term  of  office,  §  2112. 

Officers  of,  grade,  rank  and  duties  of,  §  2112. 


B2  NATIONAL,   GUARD,    XXXVI-XXXVIII. 

Officers  of,  rank  of,  §  2112. 

Officers,   retirement  of.   §  2112. 

Organization  conforms  to  federal  laws,  §  2112. 

Pay  and  allowance  of  chief  surgeon,  §  2079. 

Pay  department,  consists  of  what,  §  2112. 

Pay  department,  officers,  appointment,  qualincatlon 
and   rank   of,    §    2112. 

Petty  officers.   §   2112. 

Rules  and  regulations  governing,   §  2112. 

United  States  Navy,  rules  of  govern  strength,  rank,  In- 
signia,  etc.,   §   2112. 

Warrant  officers,  §  2112. 

XXXVII.  Oaths. 

See  post,  Officers. 
No  fees  charged  for  administering,  §  2106. 
Of  officers  and  men,  §  1982. 

XXXVIII.  Officers. 

Arms,  uniforms  and  equipments,  officers  to  provide 
themselves  with.  §  2040. 

Bonds  of  officers  controlling  property  or  money,  §  2081. 

Commander-in-chief   appoints  what,   §   1957. 

Commander-in-chief  to  commission,  §  1951. 

Commissions,  date  of,  what  deemed  to  be,  §  1952. 

Commission  to  issue,  §  1951. 

Company  and  troop  officers,  election  and  term  of  office, 
§  1956. 

Courts-martial,  power  to  appoint,  §  2019. 

Election,  appeal,  proceedings  on,  §  1959. 

Election,  appeal,  right  of  and  how  taken,  §  1959. 

Election,  commander-in-chief  may  appoint  where  no 
choice,  §  1958. 

Election,  commission  when  to  issue,  §  1958. 

Election,  examination  of  officers  elected,  §  1958. 

Election,  failure  to  appear  before  examining  board 
after  election,  new  election,  §  1958. 

Election,  majority  necessary  to  choice,  §  1958. 

Election,  notice  of  time,  place  and  purpose  of,  §  1958. 

Election,  presiding  officer,  appointment  and  notice  of, 
§  1958. 

Election,  proceedings  where  no  choice,  §  1958. 

Election,  re-election,  certificate  to  be  issued,  §  1966. 

Election,  re-election,  new  commission  need  not  be  is- 
sued, §  19G6. 

Election,  return  of,  to  be  in  duplicate,  §  1958. 

Election,  vacancy  occurring  at,  filling  of,  §  1958. 

Election,  when  ordered,  §  1958. 

Eligible  to  commission,  who  are,  §  1953. 


NATIONAL,    GUARD,    XXXVIII,    XXXIX.  1263 

Examination  before  election  or  appointment,  §  1954. 

Examination  before  promotion,  §  1954. 

Examination,  failure  of  officer  elected  to  appear  before, 
new  election,  1958. 

Examination,  officers  elected,  examination  of,  §  1958. 

Examination,  who  exempt  from,  §  1954. 

Examining  board:   See  ante,  Board  of  Examination. 

Examining  board,  detailed  by  commander-in-chief, 
§  1955. 

Examining  board,  of  whom  consists,  §  1955. 

Examining  board,  powers  and  duties  of,  §  1955. 

Examining  board,  where  sit,  §  1955. 

Field,  election  and  term  of  office,  §  1956. 

Field,  qualifications  required  of,  §  1953. 

Fines  and  penalties,  for  offenses,  §  2027. 

New  organizations,  appointment  of  officers,  §  1957. 

New,  where  officer  elected  fails  to  appear  before  exam- 
ination board,  §  1958. 

Noncommissioned,  appointment  and  warrant  of,  §  1984. 

Noncommissioned,  discharge  of  where  enlisted  as, 
§  1984. 

Noncommissioned  reduced  to  ranks  on  transfer,  §  1983. 

Noncommissioned,  reduction  of  to  ranks,  §  1984. 

Oath  and  qualification,  §  1951. 

Oath,  neglect  or  refusal  to  take,    effect  of,  §  1960. 

Oath  of,  §  1982. 

Oath,  to  take  within  ten  days,  §  1960. 

Offenses  by,  fines  or  penalties,  §  2027. 

Pay  and  allowances:   See  post.  Pay  and  Allowances. 

Qualifications  required  of,  §  1953. 

Rank  according  to  date  of  commission,  §  1952. 

Rank  higher  than  officers  of  enrolled  militia,  §  1952. 

Rank,  how  determined  where  commissions  are  of  same 
date,  §  1952. 

Re-enlistment,  credit  for  continuous  service,  §  2098. 

Resignation,  how  made,  §  1961. 

Resignation,  when  takes  effect,  §  1961. 

Staff,  effect  of  line  officer  accepting  commission  on, 
§  1962. 

Vacancies  in  unattached  organizations,  commander-in- 
chief  to  fill,  §  1958. 

Who  disqualified  to  receive  commission,  §  1953. 

XXXIX.     Parades. 

Commanding  officer,  power  to  order,  §  2003. 
Company  parading  with  less  than  thirty  men,  disband- 
ing, §  2004. 


NATIONAL    GUARD,    XL,    XLI. 


Right  of  way  while  on,  §  2094. 
When  may  be  ordered,  §  2003. 


XL.     Pay  and  allowances. 

Adjutant-general,  assistant,  salary  of,  §  2086. 

Adjutant-general,  salaries  of  clerks  and  employees,  § 
2086. 

Adjutant-general,   salary  of,   §   2086. 

Bonds  of  officers  controlling  money,  §  2081. 

Brigadier  general,  of,  §  2079. 

Chief  surgeon  of  naval  militia,  §  2079. 

Claims,  adjutant-general  to  audit  and  allow,  §  2083. 

Claims  exempt  from  board  of  examiners,  §  2085. 

Claim,  how  audited  and  paid,  §  2079. 

Commanding  officer  ex-officio  treasurer,   §  2081. 

Commanding  officers,  of,  §  2079. 

Companies,  annual  allowance  paid  to  commanding  of- 
ficer, §  2080. 

Companies,  annual  allowance  to,  §  2080. 

Controller,  duty  of,  §  2084. 

Enlisted  men  on  active  duty,  §  2076. 

Enlisted  men,  while  in  camp,  §  2076. 

Line  officers  below  grade  of  major,  annual  allowance 
of,  §  2078. 

Military  organization,  allowances  for,  §  2079. 

Musicians,  while  in  camp,  §  2076. 

Officer  detailed  on  special  duty,  §  2077. 

Officers  on  active  duty  of,  §  2076. 

Officers,  while  in  camp,  §  2076. 

Surgeon  general  and  surgeons  of,  §  2079. 

Transportation  of  arms,  equipment,  etc.,  to  be  con- 
tracted for,  §  2082. 

Transportation  of  arms,  equipment,  etc.,  vouchers,  pay- 
ment of,  §  2082. 

Treasurer  of  state,  duties  of,  §  2084. 

XLI.     Resignation  and  retirement. 
Resignation,  absence  without  permission  when  regarded 

as,  §  1965. 
Resignation,  announcement  of,  §  1965. 
Retirement,      active   duty,   detailing  retired   officer  to. 

§  1963. 
Retirement,   active  duty,   rights   of  retired   officer  on, 

§  1963. 
Retirement,  active  duty  when  ends,  §  1963. 
Retirement,  active  list,  returning  to  and  retiring  from, 

§  1963. 
Retirement,  disability,  application  and  approval,  §  1963. 


NATIONAL   GUARD,    XLI-XI.V— NAVAL,   MILITIA.  12K5 

Retirement,  disability,  permitted  for,  when,  §  1963. 
Retirement,  officer  dishonorably  dismissed,  no  right  of, 

§  1963. 
Retirement,  rank  of  while  on  duty,  §  1963. 
Retirement,  right  of  after  service,  §  1963. 
Retirement,  roster  of  retired  officers,  §  1963. 

XLII.     Rules,  regulations  and  by-laws. 

By-laws,  power  to  adopt  and  enforce,  §  2100. 

Rules  and  regiilations,  force  and  effect  of,  §  2103. 

Rules  and  regulations,  power  of  commander-in-chief  to 
make,  §  2103. 

Rules  and  regulations,  those  in  force  to  remain  in  force 
until  new  adopted,  §  2103. 

Rules  and  regulations,  to  conform  to  statute  and  fed- 
eral regulations,  §  2103. 

Rules  of  government,  power  to  adopt  and  enforce, 
§  2100. 

XLII  I.     Signal  corps. 
Company  of,  of  what  consists,  §  1931. 

XLIV.     Special  enrollment. 

Persons  subject  to  military  duty,  civil  officers,  penalty 
for  concealing  information,   §  1905. 

Persons  subject  to  military  duty,  civil  officers  to  per- 
mit examination  of  records,  §  1905. 

Persons  subject  to  military  duty,  exemption,  claim  of 
and  proceedings  on,  §  1904. 

Persons  subject  to  military  duty,  filing  copies  of, 
§  1903. 

Persons  subject  to  military  duty,  lists  to  be  furnished 
by  whom,  §  1904. 

Persons  subject  to  military  duty,  notice  of  enrollment, 
§  1904. 

Persons  subject  to  military  duty,  what  to  show,  §  1903. 

Persons  subject  to  military  duty,  when  made,  §  1903. 

XLV.     Staff. 

Appointment  of,  §  1957. 
Commander-in-chief,  of,  §  1908. 

Commander-in-chief,  exempt  from  examination,  §  1954. 
Effect   of  line    officer    accepting    commission    on   staff, 
§  1962. 
NAVAL   BATTALION,  act  establishing  to  be  attached  to 

National  Guard,  p.  1101. 
NAVAL  MILITIA:   See  National  Guard. 
Pol.    Code — 80 


1266  NAVIGABLE    "WATERS— NEWSPAPERS.     - 

NAVIGABLE  WATERS:  See  Waters. 
NAVIGATION,  boats,  oars  and  signals,  §  2364. 
Boats,  penalties  for  failure  to  carry,  §  2372. 
Collision  of  steamers  from  negligence,  §  2369. 
Landing    and    receiving    passengers    by    small     boats, 

§  2361. 
Landing     and     receiving    passengers,    engine    to    be 

stopped,  §  2363. 
Lines  used  for  landing  not  to  be  drawn  by  machinery, 

§  2362. 
Master,  owner  liable  for  good  conduct  of,   §  2378. 
No  recovery  for  collision  in  case  of  neglect,  §  2369. 
Owner    liable    for    master's    or    engineer's    penalties, 

§  2378. 
Penalties,  how  recovered,  §  2370. 
Racing,  §  2373. 

Rafts  on  Sacramento  and  San  Joaquin  rivers,   §  2370. 
Rules,  penalties  for  violating,  §§  2366,  2367. 
Spark    catchers.    Inspectors    to    supervise    and     direct, 

§   2375. 
Spark  catchers,  steamers  to  carry,  §  2374. 
Spark  catchers,   compensation  of  inspectors,   §   2376. 
Spark  catchers,  neglect  of  duty  and  penalty,  §  2377. 
Steamers  meeting,  §  2360. 
Steamers  overtaking,   §   2365. 
Steamers  to  hoist  signals  at  night,  §  2366. 
Vessels  at  anchor  to  show  lights,  §  2368. 
Vessels  to  carry  what  boats,  §  2371. 
NEGLIGENCE,  collision  of  steamers  from,  §  2369. 
Driver,  of,  liability  of  owner  for,  §  2936. 
In  paying  moneys  by  tax  collector,  penalty,  §  3754. 
Liability  on  assessor's  bond  for  taxes  lost  by,  §  3660. 
Notary,  of,  liability  for,  §  801. 
Spark-catcher  on  steamers,  §  2377. 
NEUTER,  masculine  includes,  §  17. 

NEVADA  COUNTY,  boundaries  and  county  seat,  §  3923. 
Legal  distance  from  county  seat  to  Sacramento,  §  178. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
NEWSPAPERS,   general   circulation,   action  to   determine 

character  as,  §  4462. 
General  circulation,  action  to  determine,   hearing  and 

judgment,   §   4462. 
General    circulation,    action    to    determine,    how    insti- 
tuted  and   proceedings,   §   4462. 


NEWSPAPERS— NOTICE.  1267 

General   circulation,   action   to   determine,   vacating  or 

modifying  judgment,  §  4462. 
General  circulation,  defined,  §  4460. 
General  circulation,  what  are  not,  §  4460. 
Publication  of  notices:   See  Notices. 
General  circulation,  newspaper  of,  what  is,   §  4459. 
Notices  to  be  published  in  newspaper  of  general  cir- 
culation, §  4458. 
Official  advertising  to  be   published  in    newspaper    of 

general  circulation,   §   4458. 
Publications  to  be  published  in  newspaper  of  general 

circulation,   §  4458. 
NIGHT-TIME,  what  is,  §  3260. 
NOMINATIONS:   See  Elections,  XVIII. 
NON-RESIDENT,  insane,  not  admitted  to  asylum,  §  2191. 

Nuisance  on  property,  how  abated,   §  3028. 
NORMAL  SCHOOLS:   See  Schools,  XIV. 
NOTARIES,  bond  of,  §  799. 
Bond,  time  of  filing,  §  800. 
Certificate  of  filing  bond  and  oath,  §  800. 
Certified  copies  of  records  of  predecessor,  §  797. 
Fees  of,  §  798.  , 

General  duties  of,  enumeration  of,  §  794. 
Neglect  or  misconduct,  liability  for,  §  801. 
Number  of,  §  791. 

Number  of  in  counties  of  first  class,  §  791. 
Oath,  time  of  taking  and  filing,  §  800. 
Protest  of  prima  facie  evidence,  §  795. 
Qualifications,   §   792. 
Record^  of,  disposal  of  on  death,  resignation,  removal, 

etc.,  §  796. 
Residence  of   §   792. 
San  Francisco,   number  in,   §  791. 
Term  of  office,  §  793. 
Women  eligible,  §  792. 
NOTICE,  board  of  examiners  and  treasurer  to  be  notified 

when  bonds  are  ready  to  be  sold,  §  681. 
Defined,  §  4175. 

How  returnable  to  another  county,  §  4177. 
Newspaper  of  general  circulation,  action  to  determine 

character  as,  §  4462. 
Newspaper  of  general  circulation  defined,  §  4460. 
Newspaper  of  general  circulation,  what  is  not,  §  4460. 
Particular      proceedings,     notice     in:     See     Particular 

Title. 


1268  NOTICE— OFFICES    AND    OFFICERS. 

Publication,  how  printed,  §  4459. 

Publication   of   notices,   officer   violating   statute,    pen- 
alty, §  4461. 

Published,  to  be,  in  newspaper  of  general  circulation, 
§  4458. 

Published  where,  when  no  newspaper  of  general   cir- 
culation in  county,   §  4458. 

Return  to  sheriff  on  is  prima  facie  evidence,  §  4178. 

Return,   penalty   for  failure  to    make    without    delay, 
§  4179. 

Taxes,  notice  when  due:   See  Taxation,  IX,  1. 
NUISANCE,  board  of  health  in  San  Francisco,  power  as 
to,  §  3028. 

Penalty  for  maintaining,   §  3028. 
NUMBER,  plural  includes  singular,  §  17. 

Singular  includes  plural,  §  17. 

OAKLAND,  swamp  and  overflowed  lands  within  five  miles 

of,   law  governing,   §  3488. 
OATHS:   See  National  Guard. 

Clerks  and  subordinates,  taking  and  filing  of,  §  910. 

Deputies,  taking  and  filing  of,  §  910. 

Executive  officers  may  administer,  §  1028. 

False   before   member   or   officer    of   election   board    is 

perjury,  §  1077. 
Fees  not  charged  for    administering    to    members    of 

National  Guard,  §  2106. 
Includes  affirmation  or  declaration,   §   17. 
In   particular   proceedings:    See   Particular   Title. 
Judicial  officers  may  administer,  §  1028. 
Legislators,  oath  of,   §   906. 
Officers,  form  of,  §  904. 

Officers,  what  officers  may  administer,  §   4118. 
Of  particular  officer:    See   Particular   Title. 
Time  of  taking  and  filing,  §§  906,  907. 
Where  filed,   §  909. 
Who  may  administer,  §  908. 
OFFICES    AND    OFFICERS.     Certificates:   See    Elections, 

XI. 
Commissioners:    See  Elections,  XI. 
Educational:    See  Schools,  VI. 
Elections:   See  Elections,  XI. 
Foreign  officers,   who  exempt  from   immigration   laws, 

§   2963. 
Joint  authority,  majority  may  act,  §  15. 


OFFICES    AND    OFFICERS.  1239 

Legislature,  of:    See   Legislature. 

Military:   See  National  Guard,  XVI. 

Mode  of  election  where  prescribed,  §  830. 

Publications  by  officers  to  be  in  papers  of  general  cir- 
culation, §  4458. 

Seals  of  officers:   See  Seals. 

Signature  and  attestation  of  officer  acting  ex-officio, 
§   1031. 

Soliciting  certain  candidates  for  office,  punishment 
of,  p.  1102,  Stats. 

State,  cannot  employ  special  counsel,  §  472. 

What  officers  exempt  from  military  duty,  «  1896. 

Executive  officers. 
Civil  executive,  designation  and  number  of,  §  343. 
Classification  of,   §  341. 

County,   township   and    city   officers. 

City,  bonds  of,  §  4374. 
City,  bonds  of,  additional,  §  4374. 

City,  common  council  to  provide  for  election,  appoint- 
ment and  terms,  §  4369. 
City,  elective  officers  of  enumerated,  §  4370. 
City,  qualifications  of  city  officers,  §  4370. 
County,  when  elected  and  term  of  office,  §  4109. 
County,  who  are,  §  4103. 
Township,  officers  of,  who  are,  §  4104. 

Consolidation  and  classification  of. 

Classification  of,  §  220. 

Classification  of  does  not  define  legal  powers  of  either 

class,  §  220. 
Classification  of  executive,  §  341. 
Consolidation,    failure    of    supervisors    to    consolidate 

each  office  filled  by  election,  §  4107. 
Consolidation,    oath,    bond    and    fees     of    consolidated 

officer,  §  4108. 
Supervisors  may  consolidate  what  officers,  §  4106. 

Code,  effect  of  on. 

Acts   authorizing  appointment   of   deputies   and   clerks 

continued  in  force,  §  19. 
Code,  effect  of  on  persons  holding  office,  §§  6,  7. 

Qualifications    and    eligibility. 
Age,  §  841. 

Appointment,  governor  makes  where  not  provided  for, 
§  875. 

41 


70  OFFICES    AND    OFFICERS. 

Appointment,  governor  to  keep  register  of,  §  382. 
Citizenship,  §  841. 

Disqualifications  of,  provisions  respecting,  where  con- 
tained, §  842. 
Elector,  persons  who  are  not,  not  eligible  to,  §  58. 
Electors  eligible  to  hold,  who  are,  §  58. 
Eligibility  to  county  oflace,  §  4101. 
Eligibility  to  district  or  township  ofiice,  §  4102. 
Qualifications  of,  §  841. 
Women   eligible   to   educational   offices,   p.   1103,   Stats. 

Appointment;  term  of  office;   liolding  over. 

Appointee  to  fill  vacancy,  term  of  office,  §  1003a. 
Appointment   not   made   until   expiration   of   preceding 

term,  term  of  appointee,  §  1003a. 
City   oflacers,    mayor's    power    to    appoint,    suspend    or 

remove,  §  4386. 
Governor    appoints    where    appointment    not    provided 

for,  §  875. 
Governor,    nominations     by,     concurrence     of     senate 

made  how,  §  890. 
Governor,  nominations  to  senate  by,  how  made,  §  889. 
Governor  to  transmit    list    of   appointments    to    legis- 
lature, §  381. 
Holding    over,    must    perform     duties    until    successor 

qualifies,  §  879. 
Holding  over  until  successor  qualifies,  §  879. 
Term    of    not    fixed,    hold    at    pleasure   of    appointing 

power,  §  878. 
Term  of  appointee,  §  1003a. 

Oaths. 

Executive  and  judicial  officers  may  administer,  §  1028. 

Form  of,  §  904. 

Oaths  of:  See  Oaths. 

What  officers  may  administer,  §  4118. 

Bonds. 

See  Bonds. 
City  officers,  additional  bonds,  §  4374. 
City  officers,  bonds  of,  §  4374. 
Secretary  of  state,  duty  in  legard  to,  §  408. 
Vacation  of  office  on  failure  to  give  additional  security, 
§  964. 

Commissions. 
Commissioners  by  governor,  form  of,  §  892, 
Commissioners  of  other  officers,  form  of,  §  893. 
Governor  commissions  what  officers,  §  891. 


OpnCES    AND    OFFICERS.  1271 

Residence  and  office  hours. 
Absence    on    official    business    excuses    attendance    at 

office,  §  4116. 
County,  office  hours,  §  4116. 

County  officers,  restrictions  upon  residence  of,  §  855. 
County    seat,    what    officers    to    keep    their    offices    at, 

§  4116. 
County  seat,  what  officers  to  reside  at,  §  4119. 
Deputy,  officer  without  may  close  office  at  noon,  §  4116. 
Judges,  restrictions  upon  residence  of,  §  854. 
Office  hours,  §§  1030,  4116. 

Sacramento,  what  officers  must  reside  at,  §  852. 
Transaction  of  business,  meaning  of,  §  4116. 

Absence  from  state. 

Absence  of  county  officer  from  state,  §  4120. 
State,    power    of   officers    to    absent    themselves    from, 
§  853. 

Prohibition  against  officers'  forbidden  acts;    misconduct. 

Accounts  of  officers  violating  statute,  treasurer  to  with- 
hold settlement,  §  926. 

Affidavit,  what  required  before  allowing  accounts  of 
officers,  §  924. 

Civil  penalty  for  non-performance  of  duty  attaches 
to  bond,  §  4117. 

Claim  against  county,  officer  not  to  advocate,  §  4071. 

Claim  of  against  county,  who  may  oppose  allowance, 
§  4071. 

Contracts,  officers  not  to  be  interested  in,  §  920. 

Contracts  voidable  where  officers  interested,  §  922. 

County,  not  to  present  claim,  §  4071. 

County  officer  not  to  act  as  deputy  of  another  county 
officer,  §  843. 

Governor  to  supervise  official  conduct,  §  380. 

Not  to  be  vendors  on  purchases  by  themselves,  §  921. 

Prohibited  from  purchasing  scrip  or  any  city  or  county 
indebtedness,  §  923. 

Purchasing  warrants  or  indebtedness  contrary  to  stat- 
ute, proceedings  against,  §  926. 

Refusal  to  perform  duty  on  tender  of  fees,  liability, 
§  4332. 

Sales  by,  not  to  be  purchasers  at,  §  921. 

Sureties,  what  officers  cannot  act  as,  §  955. 

Treasurer  not  to  pay  warrants  or  indebtedness  pur- 
chased by  violation  of  the  statute,   §§   925,  926. 


1272  OFFICES    AND    OFFICERS. 

Books,  papers  and  records. 

Books   and   papers,   order   to    produce,   how    enforced, 

§  1016. 
Books  and  papers  pertaining  to,  officer  entitled  to,  § 

1014. 
Books  and  papers,  proceedings  to  compel  delivery  of, 

§  1015. 
Records  of:  See  Records. 

Fees  and  salaries. 

Affidavit  by,  before  warrant  for  salary  audited,  §  4116. 

Affidavit  by,  where  filed,  §  4116. 

Affidavit,  false,  by,  punishment,  §  4116. 

Certificate  of  official  character,  fee  for  issuing,  §  416. 

Fees  of:  See  Fees. 

Fee  or  perquisite,  officers  not  to  receive,   §  1033. 

Fees  not  to  be  charged  by  secretary  of  state,  §  416. 

Salaries  of:  See  Salaries. 

Salaries,  how  paid,  §  1029. 

Salaries  full  compensation  for  all  services,   §  1033. 

Salary,  contest  of  office,  clerk  to  certify  pendency  to 

treasurer,  §  937. 
Salary,  payment  of  where  office  contested,  §§  936,  937 

Reports;    accounts. 

Accounts,  itemized,  of  moneys  expended,  §  424. 
Accounts  of  moneys  expended,  affidavit  to,  §  424. 
Reports,  governor  to  submit  to  state  board  of  exam- 
iners, §  333. 
Reports,  officers  when  to  make,  §  332. 
Reports  of,  number  to  be  printed,  §§  333,  337. 
Reports  of,  printing  of,  §§  333,  334. 
Reports,  printed  in  English  language,   §   336. 

Removal,  resignation;   vacancies. 

Removal    for   violation   of   duties,   act    pro\iding    for, 

p.  1107. 
Removal  of,  notice  of  to  whom  and  by  whom  given, 

§  997. 
Removal    of    incumbent,    office     becomes     vacant     on, 

§  996. 
Resignations,  how  made,  §  995. 
Resignations,  to  whom  made,  §  995. 
Vacancy,  appointee  to  fill,  term  of  office,  §§  1003a,  4115. 
Vacancy,  appointments  by  supervisors  to  be  made  on 

petition,  §  4066. 
Vacancy,  city  office  becomes  vacant  when,  §  4373. 


OFFICES    AND   OFFICERS— OFFICIAL   JOURNAL.  1273 

Vacancy,  filling    in    offices    where    senate    to     confirm, 

§  1000. 
Vacancy,  •governor  to  fill,  §  380. 
Vacancy,  governor  to  fill  when  not  otherwise  provided 

for,  §  999. 
Vacancy,  how  filled,  §  4115. 
Vacancy    in    certain    state  offices,  how    filled,  §§  1001, 

1002. 
Vacancy  in  election  board  in  cities  and  counties  over 

150,000,   filling,    §   1075. 
Vacancy  in  legislature,  how  filled,  §  998. 
Vacancy,  notice  of  by  whom  and  to  whom  given,  §  997. 
Vacancy  occurring  during  recess  of  legislature,  filling, 

§  1000. 
Vacancy,     powers   and     duties   of   officer   appointed   to 

fill,  §  1004. 
Vacancy,  term  of  officer  appointed  to  fill,  §§  1001,  1003. 
Vacant,  office   becomes  on  happening  of  what  events, 

§  996. 

Deputies;    clerks    and    subordinates. 

Assistants,    appointment    not    provided    for,    who    ap- 
points,   §    816. 
Clerks    and    subordinates,    appointments    how     made 

where  not  provided  for,  §  894. 
Clerks  and   subordinates,   oaths,   taking  and   flllng  or, 

§   910. 
Clerks,  appointment  how  made,  §  4113. 
Clerk,  bond  may  be  required  of,  §  985. 
Clerks    hold    at     pleasure    until    otherwise     specified, 

§  371. 
Deputies,  appointment  how  made,  §  4113. 
Deputies,  appointment  how  made  where  not  provided 

for,  §  894. 
Deputies,  appointment  not  provided  for,  who  appoints, 

§  876. 
Deputies,  bond  may  be  required  of,  §  985. 
Deputies,  have  powers  of  principal,  §  865. 
Deputies   hold   at   pleasure  unless   otherwise   specified, 

§  371. 
Deputies,  number  of  that  may  be  appointed,  §  4112. 
Deputies,  number  of  where  not  fixed  by  law,  §  877. 
Deputies,    official    name    of    principal    officer    includes, 

§  4114. 
Deputies    prohibited    from     purchasing    scrip    or    any 

city  or  county  indebtedness,  §  923. 
OFFICIAL  JOURNAL  of  schools:   See  Schools,  XXVIII. 


12(4  ORANGE  COUNTY— PAUPERS. 

ORANGE  COUNTY,  legal  distance    from    county    seat    of 

to   Sacramento,   §  179. 
ORDERS,  coroner  to  serve  where  sheriff  a  party,  §  4191. 
Elisor  may  be  appointed  to  execute,  when,  §  4192. 
Justification  of  sheriff  under,  §  4187. 
Regular   on     their    face,    duty   of     sheriff   to    execute, 
§   4187. 
ORDINANCES,  approval  or  disapproval  of,  §  4386. 

Coaches   and   carriages,   highway   law   does   not   affect 

ordinances   governing,    §   2937. 
Failure    of    mayor    to    return    in   ten    days,    affect    of, 

§    4414. 
Mayor  must  be  presented  to  for  approval,  §  4414. 
Mayor  to  cause  execution  of,  §  4386. 
Veto    of,    how     effected    and     how    passed    over     veto, 

§  4414. 
Violation  of,  jurisdiction  of  police  court,  §  4427. 
ORPHAN    ASYLUM.     Act   providing    for    appointment   of 

guardian,   p.   1107. 
OVERSEERS,    acts    creating    and    regulating    water    pre- 
served,  §  19. 
Highway:  See  Highways,  V. 
OWNERSHIP,   original   and   ultimate  title   to   property  is 

in   state,    §   40. 
OYSTERS:   See  -animals. 

PACK  TRAIL,  by  toll  roads,  §  2832. 

PARADE,  military:   See  National  Guard,  XXIX. 

PARDONS,  governor  to  keep  record,  §  382. 

PARENT  AND  CHILD,  residence  of  minor  child,  §  52. 

PAROLE.     Patient  in  insane  asylum,  parole  of,  §  2189. 

PARTITION,  recording  decrees  of,  §§  4238,  4239. 

PASSENGERS,  hospitals  may  be  provided,  §  3022. 

How  landed  and  received  on  steamers,  §§  2361,  2362, 

Oath  administered  to  certain,  §  2951. 

Of   infected   vessels,   not   to   be   landed,   §§   3013,   3014, 
3019. 

Of  infected  vessels,  may  be  vaccinated,  §  3021. 
PASSPORTS,  fees  for,  §  416. 
PATENTS,  public  lands:  See  Public  Lands,  VI. 
PATIENTS:   See  Insane  Asylums,  XIII,  XV. 
PAUPERS,  custody  and  restraint  of,  §  37. 

Expenses  of,  a  county  charge,  §  4344. 


PAWNBROKERS— PHYSICIANS.  1275 

PAWNBROKERS,  license,  §  3380. 

PAYMENT,  in  particular  cases:   See  Particular  Title. 

Taxes  of:   See  Taxation,  IX,  5. 
PEACE  OFFICERS,  definition  of,  §  17. 
PEDDLERS,   license,   §   3384. 

PENALTIES,   failure  of    insurance    companies    to    make 
statements,  for,  §  617. 
Nonattendance  on  drills,  parades,  etc.,  §  1935. 
Officers   violating   law   as    to   publication    of   notices 
penalty,  §  4461. 
PENSIONS,  acts  creating  for  members  of  fire  department, 
pp.  1080,  1081,  Stats. 
County   clerk   to   take  affidavits   of  claimants   witaout 
fee,  p.  1043,  Stats. 
PEOPLE,  all  property  without  owner    belongs  to    people, 
§   41. 
Original  and  ultimate  right  to  property  is  in,  §  40. 
Rights  of  state  over  persons,  enumerated,  §  37. 
Sovereignty  resides  in,  §  30. 
Who  are  the,  §  50. 
PERJURY.     Affidavit,  false,  by  officer,  §  4116. 

False    oath,    taking,    before   member,    deputy   or   clerk 
of  election  board,  §  1077. 
PERSONAL  PROPERTY,  unsecured,  collection    of   taxes: 
See  Taxation,  IX,  3. 
Includes  what,  §§  17,  3617. 

PERSONS. 

All    persons   subject   to    jurisdiction   and   entitled   to 

protection  of  state,  §  54. 
Includes   corporation,   §  17. 
Not  citizens,  of  whom  composed,  §  57. 
Rights  of  state  over  persons  enumerated,  §  37. 
PETALUMA    CREEK,    toll    bridge    not    permitted    over, 

§   2872. 
PETITION,     in     particular     procedings:      See     Particular 

Title. 
PHONOGRAPHIC   REPORTER,  appointment,  powers    and 
duties  where   prescribed,   §   829. 
Of  supreme  court:  See  Supreme  Court. 
PHYSICIAN:   See  Insane  Asylums,  VIII,  IX. 
Births,  duty  in  relation  to:   See  Births. 
Death  certificates,  to  give,  §  30i!5. 
Deaths,  to  keep  record  of,  §  3076. 


1276  PHYSICIAN— PILOT     COMMISSIONERS. 

Dissection:  See  Dissection. 

Liquor  license  not  required  of,  §  3383. 

Reports  to  be  made  of  what  cases,  §  3034. 
PIERS:   See  Wharves,  Chutes  and  Piers. 
PILOTAGE,  half  pilotage  in  ports  other  than   San  Fran- 
cisco, Mare  Island,  Benicia,  and  Humboldt  Bay, 
§  2436. 

Humboldt,   extra  services,   compensation  for,  §  2488. 

Humboldt,  pilotage  in,  §  2480. 

Humboldt,  pilot  boarding  vessel  entitled  to  full  pilot- 
age,  §   2489. 

Monthly  account,  §  2460. 

Of  outward-bound  vessels,  §  2467. 

Rate  of  in    ports    other    than   San    Francisco,   Mare 
Island,   Benicia  and   Humboldt  Bay,   §   2436. 

Recoverable   in   any   court   of   competent  jurisdiction, 
§  2432. 

San  Francisco,  exempt  from  pilotage,  what  vessels  are, 
§§  2467.   2468. 

San  Francisco,  rate  of  in,  agreement  as  to,  §  2465. 

San  Francisco,  rates  of  pilotage  in,  §§  2465,  2466. 

San  Francisco,  vessels  liable  to,  §§  2466,  2468. 

San  Francisco,  vessels,  when  spoken,  §  2466. 

Vessels,    masters    and    owners    jointly    and     severally 
liable  for,  §  2432. 
PILOT  COMMISSIONERS.     By-laws  and  rules,  §  2445. 

Governor  appoints,   §   368. 

Hold  at  governor's  pleasure,   §  369. 

Hold  at  pleasure  of  appointing  power,  §  2442. 

Meetings,  adjournment  of,  §  2445. 

Not  to  have  interest  in  pilot  boat  or  steam  tug,  §  2447. 

Offices,   providing,   §   2443. 

Organization  of  board  and  election  of  officers,  §  2443. 

Powers  and  duties,  where  prescribed,  §  703. 

President  may  administer  oaths  and  issue  subpoenas, 
§   2444. 

Secretary,  duties  of,   §   2446. 

Secretary  not  to  have  interest  in  pilot  boat  or  steam 
tug,  §  2447. 

Term  of  office  not  to  exceed  four  years,  §  2442. 

Witness   disobeying  subpoena,   punishment  of,   §  2444. 

For  Humboldt  Bay  and  Bar. 
Account   of   receipts,   secretary    to    publish    annually, 

§   2484. 
Appoint  as  many  pilots  as  necessary,  may,  §  2476. 
Appointment,   number  and  qualifications,   §  2441. 


PILOT    COMMISSIONERS— PILOTS.  1277 

By-laws  and  rules,  may  make,  §  2477. 

Claims  against,  consideration,    allowing  and  payment 

of,  §  2491. 
Compensation  of,  §  2483. 
Expenses  of,   §  2483. 
Fees  of  for  licenses,  §  2490. 

Licenses,  may  revoke  or  suspend  for  cause,  §  2477. 
License,  regulation  governing  removal,  §  2485. 
Licenses,  when  to  revoke,  §§  2485,  2486. 
Meetings,  special,  §  2445. 
Meetings,  where  and  how  often  heM,  §  2443. 
Penalties  and  forfeitures,  how  disposed  of,  §  2482. 
Penalties    and    forfeitures,    to    sue     for     and     recover, 

§  2482. 
Regulations  as  to  revocation  of  licenses,  §  2485. 
Removal,  board  may  remove  pilots  at  any  time,  §  2476. 
Removal  of  pilot,  notice  and  hearing,  §  2486. 
Removal  or  suspension  of  pilot  for  loss  or  detention 

of  vessel,  §  2481. 
Removal    or   suspension,     publication    of   proceedings, 

§   2481. 
Secretary,  duties  of,  §  2446. 
Secretary,   is  treasurer  of   board,   §   2446. 
Secretary,  member  of  board  to  act  as,  §  2445. 
Special  license,  to  whom  issued  and  fee  for,  §  2490. 

For  San  Francisco,  Mare  Island  and  Benicia. 

Appointment,   number  and   qualifications,   §   2440. 

Charges    against,     certifying   case   to     superior   court, 
§  2464. 

Charges   against   pilots,   hearing   of,   decision   and    re- 
view by  courts,  §  2464. 

Complaint  against  pilots,  how  made,  §  2463. 

Complaint  against  pilot,  proceedings  on,  §  2463. 

Complaint,  hearing  of  and  revocation  of  license,  §  2463. 

May  suspend  pilots  and  revoke  license,  §  2461. 

Meetings,  where  and  how  often  held,  §  2443. 

Number  of  pilots  in,  §  2457. 

Pilots  to  pay  percentage  of  receipts  to,  §  2460. 

Revocation  of  license,  grounds  for,  §  2462. 

Secretary,  duties  of,  §  2446. 

Secretary  of,  appointment  and  salary,  §  2445. 

Suspension,  pilots  to  be  suspended  pending  investiga- 
tion, §  2461. 

To  examine  and  license  pilots,  §  2457. 
PILOTS,  bonds  of,  §  2431. 

Carried  to  sea  or  detained,  compensation  of,  §  2435. 


1278  PILOTS. 

Duty  to  go  to  vessel  in  distress,  §  2437. 

Duty,  violation  of,  liability  on  bond,   §   2438. 

Examination  of,  §  2430. 

Governor  appoints  where  no  board,  §  368. 

License,    acting    as    pilot    without,    punishment    for, 

§  2439. 
License  for.  §  2430. 
License,  how  issued,   §  2446. 
License,  renewed  annually,  §  2430. 
License  renewal,  refusal  to  new,  notice  and  hearing, 

§  2430. 
License  secretary  to  issue,  §  2446. 
License   or   commission,   penalty   for  failure   to   show, 

§  2434. 
License  or  commission,  to  show  when  required,  §  2434. 
Owners  of  vessels  to    compensate    for    loss    of    boats, 

sails,  etc.,   §  2433. 
Powers  and  duties,  where  prescribed,  §  701. 
Qualifications  of,  §  2429. 
Quarantine,  duty  of  where  bringing  in  vessel  in  San 

Francisco  subject  to,  §  3015. 
Refusal  to  go  on  board  vessel,  penalty,  §  2437. 
Rgulations  governing  in  ports  other  than   San  Fran- 
cisco  Mare   Island,   Benicia  and   Hum^Boldt   Bay, 

§  2436. 
Regulations,   violation  of,  liability  on   bond,   §   2438. 
Suspension  or  removal  of,  §  2436. 
Suspension  or  removal  on  refusal  to  go   to  vessel  in 

distress,  §  2437. 

For  Humboldt  Bay  and  Bar. 

As  many  pilots  as  are  necessary,  board  may  appoint, 

§  2476. 
By-laws  and  rules  for  government,  §  2477. 
Damages,    liability   for   negligence,    §    2478. 
Extra  services,  compensation  for,  §  2488. 
Failure  to  act,  forfeiture  of  appointment,  §  2479. 
Fees  of,  §  2480. 

License  may  be  suspended  or  revoked  for  cause,  §  2477. 
License,  renewal  of,  §  2485. 
License,  revocation  of,   §§   2477,   2485,  2486. 
License,  special,  to  whom  issued  and  fee  for,  §  2490. 
License,  when  forfeited,  §§  2485,  2486. 
Loss  or  detention  of  vessel  for  want  of,  liability  of 

pilot,  §  2481. 
Negligently  losing  vessel,  liability  of,  §  2487. 


PILOTS-PLACER    COUNTY.  127!J 

Negligently  losing  vessel,  loses  license,  §  2487. 

Priority,  forfeiture  of  for  negligence,  §  2479. 

Priority  of  pilot  bringing  vessel  in,  to  pilot  vessel  out, 

§  2479. 
Removal,  notice  and  hearing,   §  2486. 
Removal,  pilots  be  removed  at  any  time,  §  2476. 
Suspension  or  removal  for  loss  or  detention  of  vessel, 

§  2481. 
To  be  attached  to  steamboats,  §   2478. 

For  San  Francisco,  Mare  Island  and  Benicia. 
Account,  to  render  monthly  of  moneys  received,  §  2460. 
Arrest  of  persons  violating  regulations,  §  2459. 
Arrest,  power  of  to  make,  §  2459. 

Board  may  suspend  pilots  and  revoke  license,   §  2460. 
Charges  against,  certifying  case  to  superior  court  for 

trial,  §  2464. 
Charges   against,   hearing   of,   decision   and   review   by 

courts,   §  2464. 
Complaint,     hearing     of    and    revocation     of     license, 

§   2463. 
Complaints,  how  made,  §  2463. 
'        Complaint,  proceedings  on,  §  2463. 
Duty  in  keeping  boats,  §  2458. 
Duty  to  moor  boats,  §  2458. 
Number  of,   §  2457. 

Percentage  of  receipts  to  be  paid  to  board,  §  2460. 
Preference,   pilot   bringing   in   vessel   entitled   to   take 

same  out,  §  2470. 
preference  when  two  pilots  offer  service,  §  2469. 
Revocation  of  license,  grounds  for,  §  2462. 
Suspension  of  pilots  pending  investigation,   §  2461. 
To  prevent  boarding  of  vessel  until  moored,  §  2459. 

For  San  Diego. 

Act  relating  to  pilots  and  pilot  regulations,  p.  1108. 
For  San  Pedro  and  Wilmington. 

Appointment,   duties   and    compensation    of    pilots,   p. 

1108,  Stats. 
PLACER  COUNTY  boundaries  and  county  seat,  §  3924. 
Fees  of  district  attorney  in,  p.  1043,  Stats. 
Legal    distance    from    county    seat   of    to    Sacramento, 

§  180. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 


1280  PLAINS— PORT   WARDEN. 

PLAINS.     Judges  of  the  plains,  acts  relating  to  continued 

in  force,  §  19. 
PLANK  ROADS:   See  Toll  Roads. 

PLUMAS  COUNTY  boundaries  and  county  seat,  §  3920. 
Legal    distance    from    county    seat    of    to    Sacramento, 

§   181. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
PLURAL  includes  singular,  §  17. 

Singular  includes,  §  17. 
POLICE.     Peace  officer  defined,  §  17. 

Special,  appointment  of  employees  of  San  Diego  Har- 
bor commission  as,  §  2603. 
Special,  appointment  of  officers  of  harbor  commission 

as,  §  2550. 
Watchmen   for   state   capitol   and   governor's    mansion 
have  power  of  peace  officers,   §  421. 
POLICE  COURT:  See  Police  Judge. 

Judicial  powers  of  city  vested  in,  §  4355. 
Jurisdiction,  exclusive  of,  §  4427. 

San  Diego,  of,  has  jurisdiction  of  offenses  in  harbor, 
§  2597. 
POLICE   DEPARTMENT.     Salaries  of  officers  in  cities  of 

first  class,  p.  1108,  Stats. 
POLICE   JUDGE   clerk,  compensation  of,  §   4425. 
Clerk,  may  appoint,  §  4425. 

Court  always  open  except  on  non-judicial  days,  §  4429. 
Disqualification  of,  proceedings  on,  §  4428. 
Elective  officer  of  city,  §  4370. 
Jurisdiction  of  police  court,  §§  4426,  4427. 
Proceedings  in  police  court  in  civil  actions,  how  con- 
ducted, §  4432. 
Proceedings   in   police  court  in  criminal  actions,   how 

conducted,  §§  4430,  4431. 
Qualifications  of,  §§  4370,  4424. 
Qualify,  how,  §  4370. 

San    Francisco,    of,  has    jurisdiction    of    offenses    on 
waterfront,  §  2544. 
Term  of  office.  §  4370. 

Vacancy  in  office,  how  filled,  §  4424.  ^ 

POLLS:  See  Elections,  VIII-3. 
POLL  TAXES:   See  Taxation,  XV. 
PORT   WARDEN.     Certificates,  fees  for,   §   25x0. 


PORT    WARDEN— PRESIDSNTIAL    ELECTORS.  VUl 

Duties  of,  §  2503. 

Pees  of,  §  2510. 

Governor  appoints,  §  368. 

Insurers,  port  warden  not  to  be  interested  with,  §  2509. 

Not  to  be  interested  in  repairs,  §  2509. 

Not  to  be  interested  in  vessel  surveyed,  §  2509. 

One  for  each  port  except  San  Francisco,  §  2501. 

Penalty  for  acting  as  without  authority,  §  2511. 

Powers  and  duties,  where  prescribed,  §  699. 

Sale  of  wrecked  or  damaged  vessels,  manner  of,  §  25U7. 

Sale  of   wrecked  or  damaged  vessels,  notice,  contents 
of,  and  publication  of,  §  2508. 

Sale  of  wrecks  or  damaged  vessels,  power  of,  §  2507. 

Sale  of  wrecks  or    damaged   vessels  to   be  under  in- 
spection of,  §  2507. 

San  Francisco,  board  of,  who  constitute,  §  2502. 

San  Francisco,  number  of  in,  §  2501. 

San  Francisco,  qualifications  of,  §  2502. 

Surveys,  assistance,  right  to  call  in,  §  2506. 

Surveys,   assistance,   no   additional   charge  tor,   §   2506. 

Surveys,   duty  to  make,    §   2503. 

Surveys,  fees  for,  §  2510. 

Surveys,  records  of,  inspection  and  copies,   §  2504. 

Surveys,  record  of  to  be  kept,  §  2504. 

Surveys,  what  to  set  forth,  §  2505. 

Term  of  office.   §   369. 
POSSE   COMITATUS,  exemption  of  member  of  National 

Guard  from  service  on,  §  2098. 
PRECINCTS:   See  Elections,  IV. 
PREFERENCE.     Public    contracts,     preference    given     to 

goods  of  local  manufacture,  §  3247. 
PREMIUM.     Bonds  of  officers,  on,  city,  county  or  state  to 
pay,  p.  1041,  Stats. 

Act  requiring  payment  by  foreign  fire  insurance  cor- 
poration for  fire  department,  p.  1086. 
PRESENT  includes  future,  §  17. 

PRESIDENTIAL  ELECTORS.     Certificate  of  election,  gov- 
ernor to  issue.  §  1314. 

Compensation  and  mileage,  accounts,  how  audited  and 
paid,   §   1322. 

Compensation  and  mileage  of,  §  1321. 

Governor,   duties  of.   §   1314. 

Lists  of  persons  voted  for,  §  1319. 

Manner  of  voting,  §   ]317. 

Results  of  votes  to  be  sealed  and  transmitted  to  presi- 
dent of  senate.  §  1320. 

Pol.    Ccrde-81 


1282  PRESIDENTIAL    ELECTORS— PROCESS. 

Returns,   how   made,   §   1308. 

Returns,   messenger   to   deliver,    aflidavit  as   to   neces- 
sity of,  §  loll. 
Returns,  messenger  to  deliver,  compensation  and  mile- 
age, §  1312. 
Returns,  messenger  to  deliver,  county  clerk  may  em- 
ploy when,  §  1310. 
Returns,   sealing,   indorsing  and    transmitting,   §   lc!oy. 
Returns,   Secretary  of  State  to  compare  estimate  and 

certify   highest  vote,   §   1313. 
Separate     ballots    for     president    and    vice-president, 

§  1318. 
Vacancies,  how  supplied,  §  1316. 
When  and  where  to  meet.   §  1315. 
When   chosen,    §   1307. 
PRIMARY  ELECTIONS:    See  Elections,  XV. 
PRINTING:   See  Schools,  XXI. 

Writing  includes  printing,  §  17. 
PRISONERS,  expenses  of,  a  county  charge,  §  4344. 
Insane,   proceedings  on   recovery,   §  2189. 
Sheriff's  compensation  for  conveying  to  prison,  p.  1109, 
Stats. 
PRISONS:   See  State  Prisons. 
PROCESS,  county  clerk  to  issue,  §  4204. 
Defined,  §§  17,  4175. 
Directions  to  sheriff  do  not  exonerate  unless  written, 

§   4185. 
Failure   of  sheriff   to  pay  over   money,   office  becomes 

vacant   when,    §    4186. 
Elisor,  how  executes,  §  4192. 

Elisor  may  be  appointed  to  execute  when,  §  4192. 
Issued  by  courts-martial,  §  2084. 
Issues  in  name  of  people,   §   30. 

Neglect  of  sheriff  to  levy  or  sell  under  execution,  lia- 
bility, §  4180. 
Neglect  of  sheriff  to  pay  over  money,  damages,  §  4181 
Regular  on  its  face,  duty  of  sheriff  to  execute,  §  4187. 
Return,  how  returnable  to  another  county,  §  4177. 
Return  of  sheriff  on,  is  prima  facie  evidence,  §  4178. 
Return,    penalty   for   failure   to    make   without   delay, 

§   4179. 
Served  by  whom,  §  4176. 
Service   by   constables,    §   4314. 
Service,  condition  as  to  in  places  purchased  by  United 

States,   §  34. 
Service,  coroner  to  serve,  where  sheriff  a  party,  §  4191. 


PROCESS— PUBLIC     DEBT.  1283 

Service,   duty  of  sheriff  to  exhibit,   §  4188. 

Service  of  in  places  ceded  to  United  States,  §  34. 

Service  on  corporations,  §  616. 

Service   on    sheriff,    §    4190, 

Service,   right   to   enforce,    §    37. 

Writ,  defined,  §  17. 
PROCLAMATION.     Electitm:   See  Elections,  I. 
PROPERTY.    All  property  without  owner  belongs  to  peo- 
ple, §  41. 

Includes  realty  and  personalty,  §  17. 

Includes  what,   §  3617. 

Military:  See    National    Guard,    IX. 

Original  and  ultimate  title  to  is  in  state,  §  40. 

State,  how  may  acquire,  §§  43,  44. 

When  escheats,   §  41. 
PROSTITUTION:   See  Ill-fame. 
PROTEST,  notary,  of,  is  prima  facie  evidence,  §  795. 

Payment  of  taxes  under:  See  Taxation,  IX,  5. 
PUBLICATION  in  particular  cases:   See  Particular  Title. 
PUBLIC  ADMINISTRATOR,  bond  of,  §  4122. 

Consolidatiing  offices  of    coroner  and  public  adminis- 
trator, §  4106. 

Coroner  is  ex-officio  in  what  counties,  §  4105. 

County  officer  is,   §   4103. 

Duties  of,  generally,   §  4303. 

Oaths,  may  administer,   §   4118. 

Statute  providing  for  in  certain  cases,  p.  1108. 
PUBLICATIONS,  newspaper  of  general  circulation,  to  be 
published  in,  §  4458. 

Newspaper  of  general  circulation,  what  Is,  §  4460. 
PUBLIC  BUILDINGS:  See  Insane  Asylums,  XVI;  Schools, 
XXIX. 

Hours  of  labor:  See  Hours  of  Labor, 

Materials  on  to  be  furnished  by  contract,  §  3234. 

Products    of   Mongolian    labor   not   to    be    purchased, 
§  3235. 

Work  on  to  be  done  by  day's  labor,  §  3233, 

Work  to  be  done  under  whose  supervision,  §  3233. 
PUBLIC   DEBT,  acts  for  funding  of  continued  in  force, 
§   19. 

Acts  for  issuing  state  bonds  continued  in  force,  §  19. 

City,  bonds  issued  for  public  debt,  form  of,  §  4445. 

City,  power  of  city  council  to  issue  bonds,  §  4445. 

City,  refunding,  proceedings  on,  §  4446. 

City,  refunding,  redemption  of  bonds,  §  4448. 


1284  PUBLIC    DEBT— PUBLIC    LANDS. 

City,  refunding,  sale  or  exchange  of  refunding  bonds, 
§  4446. 

City,  refunding,  tax  for  payment  of  bonds,  bond  fund, 
§   4447. 

City,   refunding,   tax  for  payment  of    bonds,   levjlng, 
§  4447. 

City,   refunding   tax,   proceedings   on   failure   to  ievy, 
for  bonds,  §  4449. 

City,     refunding,     transfer    by    purchaser    of     bonds, 
notice  to  treasurer,  §  4446. 

City,  refunding,  treasurer,  duty  of  relative  to  refund- 
ing bonds,   §  4446. 

City,   refunding,   treasurer,   sale  and   exchange  of  re- 
funding bonds,   §  4446. 

County,  bonds  issued  to  refund,  custody,  disposal,  and 
account  of,  §  4049. 

County,   bonds  issued   to  refund,   duty  of  supervisors 
and    treasurer,    §    4049, 

County,  bonds  issued  to  refund,  form  of,  §  4048. 

County,  bond  to  refund,  levy  to  meet,  §  4050. 

County,  bonds  to  refund,  redemption  of,  §  4051. 

County,  bonds:  See  Supervisors. 

County,   debt  against:  See  Supervisors. 

County,  limitation  on  power  of  supervisors  to  contract, 
§  4070. 

County  refunding  and  issuing  bonds,  §  4048. 

County   tax  to   pay  bonds   to  refund,   proceedings  on 
failure  to  levy,  §  4052. 

Officers   prohibited   from   purchasing   scrip   or   city   or 
county  indebtedness,  §  923. 

Officer    purchasing    contrary    to     statute,    proceedings 
against,  §  926. 

Treasurer  not  to  pay  warrants   or  indebtedness  pur- 
chased by  officer  in  violation  of  statute,  §§  925, 
926. 
PUBLIC    HEALTH:   See   Health. 

PUBLIC    IMPROVEMENTS,   assessments  for,  jurisdiction 
of  police  court  over  actions  for,  §  4427. 

PUBLIC   LANDS. 

I.    Adverse  possession;   intruders  upon. 
II.     Surveyor-general  and  surveys. 

III.  Register  and  receiver. 

IV.  Applications   to   purchase;     sales;    payments    and 

proceeds. 


FCTBLIC  LANDS,    I-III.  1285 

V.    Certificates  of  purchase;  warrants. 
VI.     Patents. 

VII.  Contests. 
VIII.     Taxes  and  interest. 

IX.  University  lands. 

X.  Scliooi  lands. 

XI.  Swamp,  overflowed,  salt  marsh  and  tide  lands. 

I.  Adverse  possession;     intruders  upon. 

Adverse  occupation,  what  is,  §  3495. 
Intruders  on,  removal  of,  §  42. 

II.  Surveyor-general  and  surveys. 

Assistant  surveyor-general  is  ex-offlcio  assistant  regis- 
ter of  state  land  office,  §  485. 

Claims  because  of  purchase  by,  allowance  and  pay- 
ment, §  3574. 

Deputy  surveyor-general  ex-officio  deputy  register  of 
land   office,   §§   350,  485. 

Fees  of  surveyor-general,  §  3574. 

Lists,  surveyor-general  to  record,  §  3405. 

Patents,  surveyor-general  to  record,  §  3405. 

Surveyor-general  and  tide-land  commissioners  to  give 
assessor  list  of  lands  sold,  §  3659. 

Surveyor-general  is  ex-officio  register  of  land  office, 
§  350. 

Surveyor-general,  power  to  purchase  maps  and  rec- 
ords, §  3574. 

Surveyor-general:    See  Surveyor-General. 

Surveys  to  be  noted  on  plats,  §  3396. 

III.  Register  and  receiver. 

Approved  locations  to  be  noted  on  plats,  §  3396. 

Claims  because  of  purchase  by  register,  allowance  and 
payment,  §  3574. 

Deputy  surveyor-general  is  ex-officio  deputy  register, 
§  350. 

Register  and  receiver  of  United  States,  how  compen- 
sated for  services  rendered  state,  §  3410. 

Register,  power  to  purchase  maps  and  records,  §  3574. 

Register,  records  of,  what  to  show,  §  3395. 

Register  to  issue  instructions,  §  3429. 

Register  to  keep  plats  and  note  locations  and  surveys 
thereon,  §  3396. 


86  PUBLIC    LANDS,    TV. 

Register  to  keep  separate  accounts  and  records  of  each 

class  of  land,  §  3395. 
Register  to   note  certificates  of  purchase  and  •patents 

on  plats,  §  3397. 
Register  to  prepare  and  print  blanks  and  forms,  §  3423. 
Surveyor-general    is   ex-officio   register   of   land    oflBce, 

§  350. 

IV.  Applications  to  purchase;  sales;  payments  and  pro> 
ceeds. 

Abandonment  of  entry  or  location,  how  made,  §  3570. 

Affidavit,  defective,  statute  validating  application, 
§  3573. 

Applications,  statute  validating  although  affidavits  de- 
fective, §  3573. 

Applicatiori  to  purchase,  fee  on,  §  3574. 

County  treasurer,  duty  of  register  on  receipt  of,  §  3423. 

County  treasurer,  monthly  report  to  register,  what  to 
show,  §  3422. 

County  treasurer,  payments  into  state  treasury  on  ap- 
proval of  quarterly  report,  §  3425. 

County  treasurer,  quarterly  report  of  moneys  to  state 
controller,  §  3424. 

County  treasurer,  quarterly  report  of,  referred  to  reg- 
ister for  examination,  §  3424. 

County  treasurer  to  report  moneys  received  monthly 
to  register,  §§  3422,  3423. 

Pee  on  application  to  purchase,  §  3574. 

Fees,  report  of  and  payment  into  treasury,  §  3574. 

Investment  of  proceeds,  bonds,  deposit  with  and  duty 

of  treasurer,  §  682. 
Investment  of  proceeds    from    sale    of    school    lands, 

§  680. 
Payments,  auditor  to  charge    treasurer  with  amounts 

received,  §  3513. 
Payments,  forfeiture  for  failure  to  make,   §  3513. 
Payments,  when  and  how  made,  §§  3512,  3513. 
Purchasers,    delinquent,    actions    against,    subsequent 

purchasers,  defense  by,  §  3556. 
Purchasers,  delinquent,  after  decree  foreclosing  rights, 

re-sale,  §  3554. 
Purchasers,  delinquent,  compensation    of    district    at- 
torney suing,  §  3553. 
Purchasers,   delinquent,   costs,  judgment   for  and  how 

collected,  §  3555. 


PUBLIC    LANDS,    IV,    V.  V^ 

Purchasers,  delinquent,  decree  against  filing  of,  §  3550. 

Purchasers,  delinquent,  dismissal  of  proceedings  on 
payment,  §  3551. 

Purchasers,  delinquent,  district  attorney  to  publish 
list  and  give  notice  of  suit,  §3547. 

Purchasers,  delinquent,  district  attorney  to  sue  to  fore- 
close, §  3548. 

Purchasers,  delinquent,  judgment  against  binds  as- 
signee, §  3552. 

Purchasers,  delinquent,  register  not  to  report  of  swamp 
land,  §  3546. 

Purchasers,  delinquent,  register  to  furnish  statement 
of  to  district  attorneys,  §  3546. 

Purchasers,  delinquent,  service  of  summons,  manner 
of,  §  3549. 

Purchasers,  subsequent,  may  defend  suits  and  protect 
interests,  how,  §  3556. 

Sale  of  land  not  property  of  state,  rights  of  purchaser, 
§§  3571,  3572. 

School  lands,  sale  of:   See  post,  X. 

Swamp,  overflowed,  sale  marsh  and  tide  lands,  sale  of: 
See  post,  XI. 

V.     Certificates  of  purchase;   warrants. 

Certificates  of  purchase,  lost  or  destroyed,  proceedings 
to  obtain  duplicate,  §  3518. 

Certificate  of  purchase  may  be  sold  or  assigned,  §  3515. 

Certificate  of  purchase,  payments  to  be  indorsed  on, 
§§  3512.  3514. 

Certificate  of  purchase,  prima  facie  evidence  of  title, 
§  3514. 

Certificate  of  purchase,  sale  of,  fee  of  recorder  for  re- 
porting, §  3517. 

Certificate  of  purchase,  sale  of,  recorder  to  report  to 
register,  §  3516. 

Certificates  of  purchase  to  be  noted  on  plats,  §  3397. 

Certificate  of  purchase,  when  to  issue  and  what  to 
state,  §  3514. 

Warrant,  assignee  of,  proceedings  by  for  duplicate, 
§  3567. 

Warrants,  duplicate,  proceedings  for  when  original  can- 
not be  made  available.  §  3567. 

Warrants,  governor  to  issue,  §  380. 

Warrant,  lost  or  destroyed,  application  for  duplicate, 
affidavit  and  bond,  §  3566. 


S8  PUBLIC    LANDS,    V-VIII. 

Warrant,  lost  or  destroyed,  certificate  of  right  to,  reg- 
ister when  only  to  issue,  §  35G9. 

Warrant,  lost  or  destroyed,  duplicate,  form  of,  §  3568. 

Warrant,  lost  or  destroyed,  duplicate,  governor  to  issue 
on  certificate  of  register,  §  3568. 

VI.  Patents. 

Fees  for  issuing,  §  416. 

Governor  to  issue  patents,  §  380. 

How  executed,  §  3520. 

Issued  in  name  of  decedent,  title  vests  in  whom,  §  3523. 

Not  to  issue  until  what  time,  §  3521. 

Register  when  to  prepare,  §  3519. 

Surveyor-general  to  record,  §  3405. 

To  he  noted  on  plats,  §  3397. 

To  be  recorded  and  delivered,  §  3522. 

VII.  Contests. 

Adverse  occupation,  what  is,  §  3495. 

Between  state  and  United  States,  surveyor-general  to 
represent  state,  §  3411. 

Concerning  approval  of  survey  or  location,  certificate 
of  purchase,  etc;,   proceedings  on,  §  3414. 

Judgment  of  court,  effect  of,  §  3416. 

Officer  when  may  try,  §  3414. 

Of  right  to  purchase  school  land  referred  to  superior 
court,  §  3495. 

Of  right  to  purchase  school  lands,  who  only  may  main- 
tain, §  3495. 

Over  purchase  of  school  lands,  how  determined,  §  3499. 

Proceedings  to  quiet  title,  attendance  of  attorney-gen- 
eral, §  3413. 

Proceedings  to  quiet  title,  place  of  taking  testimony, 
how  fixed,  §  3412. 

Referred  to  courts  when,  §  3414. 

Referring  to  courts,  action  to  be  brought  within  sixty 
days  §  3417. 

Referring  to  courts,  action  to  determine  conflict,  §  341? 

VIII.  Taxes  and  interest. 

Interest  on  sales  from  what  time  computed,  §  3427. 
Redemption  of,  where  sold  to  state  for  non-payment  of 

taxes,  §  3817. 
Sale  for  delinquent  taxes,  re-sale  in  case  of,  §  3788. 


PUBLIC    LANDS,    VIII-X.  1289 

Sale   to   state    for   delinquent    taxes,    deeds    filed   with 

surveyor-general,  §  3785. 
Sale  of  swamp  and  overflowed   land,   interest,   §   3440. 
Swamp  lands,  interest  ceases  while  reclamation  work 
in  progress,   §  3474. 

iX.     University  lands. 

Delinquent  purchasers,  proceedings  against,  §  3536. 

Investment  of  proceeds  of,  §  3534. 

Land  agent  of  university,  duty  of,  §  3534. 

Lands  reverting  to  state,  regents  control  and  may  sell, 

§  3536. 
Moneys,  etc.,  from  sale  of  certain  lands  to  be  paid  out 

of  treasury  on  regents'  order,  §  3535. 
Regents  may  select  and  sell,   §  3533. 

X.     School   lands. 

Applications  to  purchase,  approval  of,   §  3498. 

Application  to  purchase,  copy  of  United  States  regis- 
ter's  approval,   §   3407. 

Application  to  purchase,  duty  of  surveyor-general  on, 
§  3406. 

Occupant  protected  for  three  months  after  land  sec- 
tionized,    §    3497. 

Patent,  relinquishment  not  required  from  federal  gov- 
ernment, §  3521. 

Purchasers  from  United  States,  rights  of,  §  3503. 

Right  of  pre-emption  on  school  land  sections,  §  3503. 

Sale  of,  affidavit  of  applicant,  §  3495. 

Sale  of,  affidavit,  false  statement  in,  punishment 
§  3500. 

Sale  of,  affidavit  where  applicant  is  female,  §§  3496, 
3501. 

Sale  of,  contest,   adverse  occupation,   what  is,   §   3495. 

Sale  of,  contest  how  determined,  §  3499. 

Sale  of,  contest,  referred  to  superior  court,   §   3495. 

Sale  of,  contest  who  only  may  maintain,   §  3495. 

Sale  of,  interest,  §  3494. 

Sale  of,  lands  suitable  for  cultivation  to  be  sold  to 
actual  settlers,  §  3495. 

Sale  of  lands  unsuitable  for  cultivation,  §  3495. 

Sale  of,  payment  in  school  land  warrants,  §  3502. 

Sale  of,  price  of,  §  3494. 

Sale  of,  price  when  payable,  §  3494. 

Sale  of,  settler  gains  no  rights  unless  application  in 
time,  §  3499. 


90  PUBLIC    LANDS,    X,    XI. 

Sale  of,   surveyor-general   and   register   to   make   rules 

governing,  §  3495. 
Sale  of,  terms  of,  §  3494. 
Sale   of,   timber   lands,   surveyor-general,    and   register 

to  make  rules  governing,  §  3500. 
Sale  of,  timber  lands  to  be  sold  for  casb,  §  3500. 
Sale   of,   what   land   deemed   suitable    for    cultivation, 

§  3495. 
Settlers  have  sixty  days  to  file  application,   §  3497. 
Settlers,  protection  and  rights  of,  §  3503. 
Surveyor-general  to   obtain   statement  of  condition  of 

sections,  §  3409. 

XI.     Swamp,  overflowed,  salt  marsh  and  tide  lands. 

Application   to  purchase,  affidavit,   false  statement  in, 

effect  of,  §  3443. 
Application    to    purchase,    prior     claims,     how     deter- 
mined, §  3443. 
Application  to  purchase,  prior  claims,  reference  to  su- 
perior court,  and  proceedings  on,   §  3443. 
Banks,   owners  of  lands  on,   liable  for  damages   from 

cuts  made,  §  3486. 
Banks,  owners  of  land  on,  making  cuts,  mitigation  of 

damages,  §  3487. 
Certain   lands   excepted    from    provisions    of    chapter 

on  public  lands,   §  3488. 
Contest  as  to  right  to  purchase,  reference  to  superior 

court,  and  proceedings  on,   §  3443. 
Delinquent  purchasers  of,   register    not    to    report    to 

district  attorney,   §   3546. 
Levees,  injuries  to  and  actions  for,  §  3490. 
Reclamation  districts:   See  Reclamation  Districts. 
Patent,  register  when  to  prepare.  §  3519. 
Patent,    relinquishment   from   federal    government   not 

required,    §    3521. 
Sale,  affidavit  of  purchaser  what  to  state,  §  3443. 
Sale,  affidavit  what    to    show    if    applicant    a    female, 

§  3444. 
Sale,  application  not  approved  until  six  months  after 

segregation,  §  3441. 
Sale,   application    to   purchase   lands    not    sectiouized, 

proceedings  on,   §  3445. 
Sale,  balance  of  payments  on   lands  sold  in  districts, 

when  due,  §  3485. 
Sale,   bonds   and   warrants  of    districts    receivable    in 

payment,  §  3440. 


PUBLIC    LANDS.    XI-QUARANTINB.  1291 

Sale,  interest,   §  3440. 

Sale  of  land  not  property  of  state,  rights  of  purchaser, 
§§  3571,  3572. 

Sale,  price  of,  §  3440. 

Sales,  proceeds  of,  treasurer  to  place  in  swamp-land 
fund,  §  3426. 

Sale,  terms  of  payment,  §  3440. 

Settlers  preferred  purchasers  for  six  months,  §  3442. 

Superior  court,  reference  of  proceedings  to  and  pro- 
ceedings on,  §  3443. 

Supervisors  or  clerk  not  to  receive  compensation, 
§   3484. 

Survey  to  conform  to  United  States  surveys,  §  3445. 

Trustees,  elections  for,  §  3491. 

PUBLIC  OFFICERS:   See  Offices  and  Officers. 

PUBLIC  SCHOOLS:   See  Schools. 

PUBLIC  USE,  taking  property  for,  §  44. 

PUBLIC    WORKS.     Preference   given   to    goods   of    local 

manufacture,  §  3247. 

PUPILS:  See  Schools,  XXII. 

PURITY  OF  ELECTIONS,  act  relating  to,  p.  1044. 

QUALIFICATIONS  of  officers:   See  Offices  and  Officers. 
QUARANTINE.     San   Francisco,   examination   and   inspec- 
tion of  vessels  subject  to  quarantine,  §  3018. 

San  Francisco,  fees  of  quarantine  officer,  §  3020. 

San  Francisco,  fees,  what  vessels  exempt  from,  §  3020. 

San  Francisco,  freight  not  to  be  landed  without  per- 
mit from,  §  3014. 

San  Francisco,  oaths,  quarantine  officer  may  admin- 
ister, §  3031. 

San  Francisco,  officer,  duty  of,  §  3018. 

San  Francisco,  passengers  not  to  be  landed  without 
permit,   §§  3014,  3019. 

San  Francisco,  penalty  for  neglect  or  refusal  of  mas- 
ter to  comply  with  regulations,  §  3016. 

San  Francisco,  pilots  bringing  in  vessel  subject  to 
quarantine,  duty  of,  §  3015. 

San  Francisco,   quarantine,   grounds  of,   §  3004. 

San  Francisco,  quarantine  officer,  who  appoints, 
§  3009. 

San  Francisco,  shipmasters  to  report  cases  of  cholera, 
etc.,  to  quarantine  officer,  §  3013. 

San  Francisco,  vessel  subject  to,  duty  of,  §  3017. 


1292  QUARANTINE— RECLAMATION  DISTRICTS, 

San  Francisco,  vessels  subject  to  quarantine,  §  3017. 
Supervisors  may  locate  quarantine  grounds,  §  3059. 
Supervisors     may     provide      quarantine      regulations, 
§  3059. 
QUORUM,  county  board  of  education  of,  §  1768. 
Of  board  of  regents,  §  1430. 
Of  common  council,    §   4406. 
QUARTERMASTER-GENERAL    of    National    Guard:    See 
National  Guard,  XIII. 

RAILROADS.     Acts  empoAvering  supervisors    to  aid    rail- 
roads continued  in  force,  §  19. 
Hours  of  labor  on  street-cars,  §§  3246,  3250. 
Not    permitted    through    grounds    of    state    hospitals, 

§  2146. 
Proceedings  and  rights  where  highway  laid  out  crosses 

railroad,  §  2694. 
Supervisors,   power   to   grant    authority    to    construct 

wharves,  etc.,  §  2921. 
Taxation  of:  See  Taxation. 
Taxes,   apportionment  of  on  division  of    county:     See 

Taxation,  XI. 
Unclaimed      property,     §§     3152-3157.     See     Unclaimed 
Property. 
RATE  of  taxation:     See  Taxation,  IV. 
REAL  PROPERTY  includes  what,  §§  17,  3617. 

Meaning  of,   §  17. 
RECEIPTS,  poll  tax:     See  Taxation. 

Treasurer  to  give  for  payments,  §§  452,  4147. 
RECEIVER:  See  Public  Lands,  III. 

Bonds  of  and  how  may  sue  on,  §  982. 
Bonds  of,  provisions  relating  to,  §  981. 
RECLAMATION    DISTRICTS.     Accounts    of    expenditures 
and  contracts  open  to  inspection,   §  3468. 
Accounts  of  expenditures  to  be  kept.  §  3468. 
Additional  land,  how  added  to,  §  3489. 
Assessments,  actions  to  determine  validity  of,  §  3493%. 
Assessments,  action  on,  joinder  of  assessments  in  one 

action,  §  3466. 
Assessments,  action  on,  judgment  in,  decreeing  a  line, 

§   3466. 
Assessments,  action  on,  judgment  in,    form    and    en- 
forcement of,  §  3466. 
Assessments,  actions  on,  judgments  upon  whom  bind- 
ing, §  3466. 


RECLAMATION    DISTRICTS.  1:!93 

Assessments,  action  on,  parties  to,  §  3466. 
Assessments,  action,  list  is  evidence  of  what  facts,   § 

3463. 
Assessments,  actions  on,  parties  to,  §  3466. 
Assessments,  actions  on,  summon,  liow  served,  §  3466. 
Assessments,  actions  on,  trustees  to  commence,  §  3466. 
Assessments,   ax^tion   on,   unknown   owners,  how   made 

parties,   §   3466. 
Assessments,  action  on,  when  accrues,  §  3466. 
Assessments,  additional,   §  3459. 
Assessments,  collections  to  be  paid  to  county  treasurer 

to  credit  of  district,  §  3466. 
Assessments,  credits  to  be  given  to  owners,  §  3464. 
Assessment  decreed  a  lien,   §   3466. 
Assessments,  delinquent,  proceedings  against  unknown 

owners,    §   3466. 
Assessments,    delinquent,   proceedings   against,   §   3466. 
Assessments,  delinquent,  interest  on,  §  3466. 
Assessments,     errors    and    mistake     in,   correction   ot, 

§  3460. 
Assessments  for  reclamation  purposes,  §  3456. 
Assessment,      invalid,      owner     paying     given     credit, 

§    34661/2. 
Assessments,  installment,   failure    to  pay,   balance   be- 
comes due.  §  3466. 
Assessments,  installments,  payment  of  in,  §  3466. 
Assessments,  interest  on,  §  3466. 
Assessments,  lien  after  lists  filed,  §  3463. 
Assessments,  list,  commissioners  to  make,  §  3460. 
Assessment  list,  mistake  in  name  of  owner,  effect  of, 

§  3461. 
Assessment  ust,  treasurer  to   return  to  trustees  after 

thirty  days,  §  3466. 
Assessments,  lists  to  remain  with  treasurer  how  long, 

§    3465. 
Assessments,  lists,  what  to  contain,  §  3461. 
Assessments,  lists,  where  and  how  filed,  §  3462. 
Assessment,  payments  how  may  be  made,  §  3465. 
Assessments,  payment  in  warrants,  computation  of  in- 
terest, §  3465. 
Assessments,    subsequent    purchaser    takes    subject   to, 

§    3469. 
Assessments,  where  paid,  district  in  different  counties, 

§  3458. 
Balance  of  payments  on  land  sold  in,  when  due,  §  3485. 
By-laws  of,   §  3452. 

By-laws,  subsequent  purchaser  takes  subject  to,  §  3469. 
Commissioners  to  view  and  assess  land,  §  3456. 


RECLAMATION    DISTRICTS. 

Completion  of  reclamation   to  be  certified  to  register, 

§    3476. 
Consolidation   ot    §   3489. 
Dissolution  of,  §  3493. 
Elections   in.    §   3491. 
Expenditure  of  two  dollars  ner  acre  to  be  certified  to 

register,   §   3476. 
Formation   of    by   owners   of    land     reclaimed    or     in 

process  of  reclamation,  §  3492. 
Injuries  to  levees  or  works  by  mobs,  rights  on,  §  4457. 
In    more    than    one    county    commissioners    to    assess, 

how  appointed,  §  3456. 
Interest    ceases    while   reclamation   work   In    progress, 

§   3474. 
Levee    districts,    reorganization    of,    §   3489. 
Levees,  injuries  to  and  actions  for,  §  3490. 
May  condemn  property.  §  3471. 
Moneys,  how  paid  out,   §  3456. 
New  district  liable  for  proportion  of  old  indebtedness, 

§    3482. 
New    district,    separation    of   lands   and   formation    of, 

§    3481. 
Number  and  designation  of,  §  3483. 
Organized,   becomes   when,    §   3453. 
Owners  may  file  petition  for  when,  §  3446. 
Owners  of  one-half  or  more  of  anv  body  of  land  may 

form,  §  3492. 
Patents,  when  to  issue,   §  3477. 
Petition,  certified  copy  to  be  sent  to  register,  §  3450. 
Petition,  duty  of  register  on  receiving  copy,  §  3451. 
Petition   for.   approvril    of  and   proceedings  on,   §   3449. 
Petition  for  to  supervisors,  what  to  set  forth,  §  3446. 
Petition  for.  verification  and  publication,  §  3447. 
Petition  to  be  recorded.  §  3450. 
Petition  for,  what  to  state,  §  3446. 
Petition  for,  who  may  present,  §  3446. 
Power  to  sue  and  be  sued  arises  when,  §  3453. 
Reforming  where  boundaries  erroneous,  §  3449. 
Reorganization,  §  3489. 
Reorganization,    bonds   redeemed     by    trustee   may    be 

used  in  purchase  of  lands,  §  3480. 
Reorganization,  debts  and  creditor.s,  §  3489. 
Reorganization  of,  indebtedness  and   creditors,   §  3479. 
Reorganization  of,  manner  of,  S3489. 
Reorganization  of,  right  of.  §  3478. 
Reorganization  of,  trustees  redeeming  bonds  and  war- 
rants, right  of,   §  3480. 


RECLAMATION   DISTRICTS— RECORDER.  1293 

Statements   of   payments   to   be    given   by   register   to 

treasurer,    §   3477. 
Subsequent  purchasers,  right  of,  §  3470. 
Subsequent    purchaser     takes   subject   to    by-laws    and 

assessments,  §  3469. 
Supervisors   in   Sacramento   county  may  employ  clerk 

at  expense  of  district,  §  3484. 
Supervisors  may  let  contract  on  application  of  owners 

or  trustees,  §  3475. 
Supervisors    or    clerk    not    to     receive    compensation, 

§  3484. 
Swamp-land   fund,   distribution  of  balance,   §  3477. 
Trustees,    allowance,    §   3454. 
Trustees,  compensation  of,  §  3454. 
Trustees,  duties,  ofRce  and  records  of,  §  3453. 
Trustees,  election  and  term  of  office,  §  3453. 
Trustees,   forming  to  operate  without,   §§  3472,   3473. 
Trustees,  powers  of,  §  3454. 
Trustees,  reclamation  by  owners  without  intervention 

of  trustees.  §§  3472,  3473. 
Trustees  to  report  plans  and  expenses  to  supervisors, 

§  3455. 
Trustees,  vacancies,  supervisors  to  fill,  §§  3491,  3493. 
Warrants,  action  on,  effect  on,  §  3457. 
Warrants,  cancellation  of,  after  four  years,  §  3457. 
Warrants,  interest  on,  §  3457. 
Warrants  not  paid  to  be  registered  and  draw  interest, 

§   2457. 
Warrants,  presentment,  and  registration,  §  3457. 
Warrants,  time  on,  extension  of,  §  3457. 
Warrants,  statute  of  limitations  on,  §  3457. 
Warrants    to    be    presented    to     treasurer    of    county, 

§  3457. 
Work  to  be  done  under  direction  of  trustees,  §  3457. 
RECORDER,   assessor    to    furnish    certain    abstracts    to, 

§  3G78. 
Book    and    page    where    recorded    to   be     indorsed    on, 

§  4242. 
Books  for  records,  to  procure,  on  orders  trom  super- 
visors,   §    4234. 
Bonds  of,  §  4122. 
Certificates   of   births  and   marriages,    transmitting  to 

state  registrar,   §  3078. 
Certificates  of  marriages  and  births,  compensation  for, 

and  how  paid,  §  3079. 
Certificates  of  marriages  and  births,  incorrect,  deposi- 
tions, §  3081. 


RECORDER. 

Certificates  of  marriages  and  births,  incorrect,  duty  on 

receiving   depositions,    §   3081. 
Certificates  of  marriages  and  births,  recording,  manner 

of  and  duty  of  recorder,  §  3078. 
Certificates  of  sale,  records  of,  §  4237. 
Consolidating  offices  of  auditor  and  recorder,  §  4106. 
Consolidating  offices  of  county  clerk,  auditor  and  re- 
corder, §  4106. 
County   clerk   is   ex- officio   recorder   in  what   counties, 

§  4105. 
County  officer,   is,    §   4103. 

Custody  of  books,  records,  maps  and  papers,  §  4234. 
Destroying  contracts,   plans  and   specifications,   §  4247. 
Destroyed   records,   recording  copies  of,   §   4248. 
Duty  on  receipt  of  instrument  to  be  recorded,  §  4241. 
Fees  for  recording  births  and  marriages,  none,  §  3078. 
Fees   for    reporting    sales    of    certificate    of     purchase, 

§  3517. 
Fees,    not   required   to    record   instruments   until   pay- 
ment of,  §  4245. 
Indexes,  how  to  be  kept,  §  4240. 
Indexes,  what  to  be  kept  by,  §§  4236,  4237. 
Indorsements   to    be  made   on    recorded    instruments, 

§    4242. 
Inspection,  records  of  to  be  open  to,  §  4246. 
Judgments  or  decrees  partitioning  or  affecting  realty 

to  be  recorded,  §  4238. 
Lost  records,  recording  of  copies,  §  4248. 
Marks   and   brands,   duty    of   recorder   in    relation   to, 

§   3iC9. 
Name   of   person   at   whose   request   recorded   indorsed 

on,   §   4241. 
Neglect,  mistake,  or  misconduct,   liability  for,   §  4244. 
Oaths,  may  administer,   §  4118. 
Office  hours,  §  4116. 
Office  to  be  kept  at  county  seat,  §  4116. 
Partition,  decrees  partitioning  property  to  be  recorded, 

§  4238. 
Partition,  record  of  as  notice,  §  4239. 
Reside  at  county  seat,  §  4119. 

Returning  contracts,  plans  and  specifications,  §  4247. 
Searches  and  certificates,  duty  to  make,  §  4243. 
Supervisors  to  provide  additional  clerical  force  when, 

§   3678. 
Surety,  cannot  act  as,  §  955. 
Time    of    receipt    of    instrument    to    be     indorsed    on, 

§  4241. 
Time  of  recording  to  be  indorsed  on,  §  4242. 
What  Instruments  to  record,  §  4235. 


RECORDS— REGISTRATION.  Ii97 

RECORDS.     Destroyed     or     lost     records,     recording     of 
copies,  §  4248. 
Inspection,  attachment,  fact  of  issuing  not  to  be  made 

public,  §  1032. 
Inspection,  divorce  proceedings  not  open  to,  §  1032. 
Inspection,  records  open  to,   §  1032. 
Particular  records:  See  Particular  Title. 
Supervisors:   See  Supervisors. 
REDEMPTION.     Attorney-general     to     redeem     property 
when,  §  470. 
Of  property  sold  for  taxes:   See  Taxation,  IX,  10. 
REFEREES,   contest  over  salvage,  compensation   and   ex- 
penses of,  §  2414. 
REFUNDING  of  taxes:  See  Taxation,  IX,  5. 
REGENTS,  University    of    California,    of:   See    University 

of  California. 
REGIMENTS:   See   National   Guard,   XVII. 
REGISTER  OF   LAND  OFFICE:    See  Public  Lands,  III. 
Bond  of,  §  502. 
Deputy   surveyor-general    is    ex-officio    deputy    register 

of  state  land  office,  §§  350,  497. 
Duties  of,  where  prescribed,  §  498. 
Fees  of,  §  501. 

Fees  of,  how  disposed,  §  501. 
Salaries  of  clerks  of,  §  500. 
Surveyor-general   is   ex-officio,   §§    350,   497. 
REGISTRATION:   See  Elections,  III. 

Bureau  of  vital  statistics:    See  State  Board  of  Health. 
Certificates   of    births   and    marriages,    transmitting   to 

state  registrar  and  duty  of  registrar,  §  3078. 
Certificates  of  marriages  and  births,  compensation  for 

recording  and  how  paid,  §  3079. 
Certificates  of  marriages  and  births,  forms  and  instruc- 
tions, §  3080. 
Certificates  of  marriages    and    births,  incorrect,  depo- 
sitions, §  3081. 
Certificates  of  marriages  and  births,  incorrect,  duty  of 

recorder  on  receiving  depositions,  §  3081. 
Certificates  of  marriages  and  births,  neglect  or  refusal 

of  duty  a  misdemeanor,  §  3082. 
Certificates  of  marriages  and  births,  recording,  manner 

of  and  duty  of  recorder,  §  3078. 
Certificate  of  registry  of  birth,  filing  with  county  re- 
corder, §  3077. 
Certificate  of  registry  of  births,  form  and  contents  of, 
§  3077. 
Pol.  Code — 82 


1298  REGISTRATION— REPORTS  OF   SUPREME   COURT. 

Certificate  of  registry  of  marriage,  filing  with  county 

recorder,  §  3076. 
Certificate  of  registry  of  marriage,  form  and  contents 

Of,  §  3076. 
Fees,  none  to  be  charged  for  recording  certificates  of 

marriages  and  births,  §  3078. 
Health  officer  acts  as  local  registrar  in  cities  with  char- 
ters, §  3077. 
Statistics  of  births,  deaths  and  marriages,  state  board 

of  health  to  keep,  §§  2979,  3074. 
Violation   of   laws    relating   to    registration   of   births, 

•deaths  and  marriages,  report  of  to  state  board  of 

health,  §  2984 
REGULATIONS  of  National  Guard:   See  National  Guard, 

VI. 
RELEASE,  surety,  release  of,  how  accomplished,  §§  972- 

975. 
REMOVAL  from  county,  collection  of  taxes  in  cases  of: 

See  Taxation,  IX,  4. 
Officers:  See  Offices  and  Officers. 

REPEAL:   See  Statutes. 

Reports,  purchase  and  distribution  of  copies  by  secre- 
tary of  state,  §  781. 
Reports,  state  printer,  when  to  print  and  bind,  §  782. 
x^eports,  style  of,  §  777. 
Reports   to    be   published   under   supervision   of   court, 

§  774. 
Reports,  to  have  no  pecuniary  interest  in,  §  778. 
Sacramento,  to  reside  and  keep  offices  at,  §  852. 
Salary  of,  §  739. 

Supreme  court,  appoint  reporter  and  assistants,  §  767. 
REPORTS:   See  Offices  and  Officers. 

All  reports,  etc.,  of  officers  to  be  printed  at  state  print- 
ing office,  §  540. 
Distribution  of  to  colleges  and  universities,  §  2295. 
Governor  to  deliver  to  state  printer,  §  380. 
Particular  officers:   See  Particular  Office. 
Printed  at  expense  of  appropriation,  §  540. 
Special,  governor  may  require,  §  380. 
State  printer  to  render  bill  for  printing,  binding,  etc., 

§  540. 
Supreme    court    decisions:    See    Reporter    of    Supreme 
Court. 
REPORTS   OF   SUPREME   COURT:   See  Reporter  of  Su- 
preme Court. 


REPRESENTATIVES   IN    CONGRESS— REPORTER,    ETC.       1299 

REPRESENTATIVES  IN   CONGRESS,  certificates  of  elec- 
tion, governor  to  issue,  §  1347. 

Election  of:  See  Elections. 

Returns,  clerk  to  make  certified  abstract  of  vote,  §  1344. 

Returns,  clerk  to  seal,  indorse  and  transmit,  §  1345. 

Returns,  duty  of  secretary  of  state  relative  to,  §  1346. 

Returns,  how  made,  §  1344. 

Returns,  how  transmitted,  §  1345. 

When  held,  §  1343. 
RESCUE,  no  action  for  after  return  or  recapture  of  pris- 
oner, §  4184. 

Person    arrested    in    civil    action,    liability    of    sheriff, 
§  4183. 
RESIDENCE,  allegiance  may  be  renounced  by  change  of, 
§  56. 

Change  of,  vacates  office  when,  §  996. 

County  officers,  restrictions  upon,  §  855. 

Definition  of,  §  52. 

Every  one  has,  §  52. 
REPORTER  OF  DECISIONS  OF  SUPREME  COURT  AND 
DISTRICT     COURT     OF     APPEALS.      Appoint- 
ment and  term  of  office,  §  767. 

Assistants,  number  of,  §  739. 

Assistants,  salaries  of,  §  739. 

Duties  of,  §§  771,  772. 

Original  opinions  and  papers,  right  to  take,  §  776. 

Reporter  and  assistants  hold   at  pleasure  of  supreme 
court,  §  767. 

Reports,  contract  for  publication  of,  §  778. 

Reports,   contract  for  publishing,  advertising  for  pro- 
posals and  awarding  contract,  §  779. 

Reports,  contract   for  publishing,   bond   of  contractor, 
§  780. 

Reports,  contract  for  publishing,  duty  of  secretary  of 
state  where  no  proposals,  §  782. 

Reports,    contract    for    publishing,    what    to     require, 
§  780. 

Reports,  contract,  to  be  published  by,  §  778. 

Reports,  how  distributed,  §  410. 

Reports,  manner  and  form  of  making,  §  773. 

Reports,  printing  and  binding,  §  777. 

Reports,  proof  sheets,  correction  and  return  of,  §  775. 

Reports,  proof  sheets  to  be  furnished  justices,  §  774. 

How  only  changed,  §  52. 

Judges,  restrictions  upon  residence  of,  §  854. 

Married  woman,  of,  §  52. 

Minor  child,  of.  §  52. 


1300  REPORTER   OF   SUPREME   COURT,    ETC.— RIOTS. 

Minor,   unmarried,   lesidence   of,   who   cannot   change, 

§  52. 
Notaries,  of,  §  792. 
Officers:   See  Offices  and  Officers. 
Proceedings  on  challenge  of  voter  for  non-residence  in 

state,  §  1232. 
Reading  rules  governing  before  administering  oath  as 

to,  §  1241. 
Removal,    cancellation   of   entry   in   great  register   on, 

§  1106. 
Removal  from  county,  collection  of  taxes:    See  Taxa- 
tion, IX,  4. 
Rules  for  determining,  §§  52,  1239. 
Sacramento,  what  officers  to  reside  and  keep  offices  at, 

§  852. 
Term  of,  how  computed,  §  1240. 
RESIGNATION,   office   becomes   vacant  on,  of  incumbent, 
§  996. 
Officers:   See  Offices  and  Officers. 
Of  officers,  to  whom,  §  995. 
Of  military  officers,  §§  1926,  1928. 
Of  notaries  public,  §  796. 
RESOLUTIONS,  joint  time  to  taking  effect,  §  324. 

See  Legislature. 
RETIREMENT  from  militia:   See  National  Guard,  XXXVI. 
RETROACTIVE,  code  is  not,  §  3. 
RETURN:   See  Sheriffs. 

Election:   See  Election,  IX. 
REVENUE:   See  Taxation. 

Violation  of  revenue  laws,  proceedings  on:   See  Taxa- 
tion, XII. 
REWARDS,  governor's  election    proclamation  to    contain 
offer  of.   §  1054. 
Governor,  power  of  to  offer,  §  380. 

RIFLE  PRACTICE:   See  National  Guard,  XXXIII. 
RIOTS,  action  to  be  brought  within  year,  §  4454. 

contributory  negligence  defeats  action  for  injury  from 

§  4466. 

l<'lring  upon  mob  by  militia,  §  1921. 
Jurisdiction  of  police  court,  §  4426. 
Levees  or  other  reclamation  works,  injuries  to,  §  4457. 
Liability  ol  city  for  injuries  to,  §  4452. 
Venue  of  action  for  injuries  from,  §  4453. 
Warrants  and  tax  to  pay  judgment  for  injuries  from, 
§    4455. 


RIVERS— SALARY.  130X 

RIVERS:  See  Watercourses. 

RIVERSIDE    COUNTY,   legal    distance   from   county   seat 

of  to  Sacramento,  §  182. 
ROADS:   See  Highways;  Streets. 

Road  taxes:   See  Taxation,  XIII. 
RODEOS,  acts  relating  to  continued  in  force,  §  19. 
RULES,  National  Guard,  of:  See  National  Guard,  VI. 

SACRAMENTO  CITY,  auction  sales  in  to  be  in  day-time 
except   in   certain   cases,    §    3308. 

Binding,  folding,  etc.,  for  state  printer  to  be  done  in, 
§   533. 

Board  of  health:  See  Health. 

Health,  board  of,  law  governing  appointment  and  hold- 
ing of  office,   §  361. 

Health,    regulations   of:   See   Health. 

Seat  of  government  is  at  Sacramento,  §  145. 

State  board  of  health,  secretary  of  to  reside  at,  §  2981. 

State  board  of  health,  two  members  to  be  residents  of, 
§   2978. 

What  officers  to  reside  at  and  keep  offices,  §  852. 
SACRAMENTO    COUNTY,    boundaries    and    county    seat, 
§   3928. 

Courts  of,  have  jurisdiction  over  suits  arising  out  of 
delinquencies  relating  to  revenue,  funds,  etc., 
§  433,  subd.  16u 

Legal  distance  from  county  seat  to  state  capitol,  §  183. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §   4330. 

Supervisors  may  employ  clerk  at  expense  of  reclama- 
tion   district,    §    3484. 

Treasurer,  when  to  setle  with  controller,  §  3866. 
SACRAMENTO   RIVER,  a  navigable  stream,  §  2349. 

Rafts   of   timber   on,    lights    on,    §    2370. 

Steamboats  on  to  carry  spark-catchers,   §  2374. 

Toll  bridge  not  permitted  over,  §  2872 
SAILORS  exempt  from  license  tax,  §  3C66. 
SALARY,  acts  relating  to  continued  in  force,  §  4331. 

Adjutant-general,    §   2086. 

Adjutant-genei-al,  clerks  and  employees  of,  §  2086. 

Assistant    adjutant-general,    §    2086. 

Assistant   attorney-general,    §   472 

Assistant  physician  of  state  hospitals,   §  2154. 

42 


1302 


Assistants    to    city    and    county    attorneys    in    certain 

cities  and  counties,   p.   1042,   Stat. 
Assistants  to   reporter   of  decisions   of  supreme   court 

and  district  court  of  appeals,  §  739. 
Assistant  to  secretary  of  board  of  examiners,  §  684. 
Assistants  to  secretary  of  state,  §  420. 
Attorney-general,   §   471. 
Bailiff  of  district  courts  of  appeals,   "  758. 
Bailiffs  of  supreme  court,  §  739. 
Bookkeeper  for  controller,  §  440. 
Bookkeeper  of  secretary  of  state,   §   419. 
Bookkeeper  of  treasurer,   §  456. 
Chief  deputy  supreme  clerk,  §  756. 
Clerk    for    controller,    §    440. 
Clerk   of  attorney-general,    §   475. 
Clerk   of   board   of  election   commissioners,   how   paid, 

§    1077. 
Clerks  of   district   courts   of   appeals,    §   758. 
Clerk  of  register  of  land  office,  §  500. 
Clerk  of  state  board  of  equalization,  §§  3700,  3701. 
Clerk  of  state  treasurer,   §   515. 

Clerk  of  superintendent  of  public  instruction,  §  514. 
Clerk  of  supreme  court,   §  755. 
Clerk    of    surveyor-general,    §    485. 
Clerks  to  secretary  of  board  of  examiners,   §  685. 
Commissioner  of  highways,  salary  of  paid  at  close  of 

each  quarter,  §  4344. 
Contest  of  office,  payment  of  salary,  §§  936,  937. 
Controller,    §    438. 
Controller,   clerks  of,   §   440. 
Controller,  deputy,  salary  of,  §   440. 
Controller,   expert  to,   §  440. 
Controller,   porter  of,   §  441. 
County  judges,    §§    4328,    4329. 
Deputy  controller,  §  439. 
Deputy  immigration  commissioner,  §  2969. 
Deputy    insurance  commissioner,   §   629. 
Deputy  of  attorney-general,   §   472. 
Deputy   of   attorney-general,   how    paid,    §   472. 
Deputy  of  board  of  election  commissioners,  how  paid, 

§    1077. 
Deputy   school    superintendent,    §§    1549,   1550. 
Deputy  secretary  of  state,  §  418. 
Deputy   state   librarian,   §   2303. 
Deputy  state  printer,   §   534. 


Deputy  superintendent  of  schools,  §  514. 

Deputy  supreme  clerk,    §   756. 

Deputy  surveyor-general,  of,  §  485. 

Deputy  treasurer,  §  456. 

District  attorneys,  §§  4328,  4330. 

District  court  of  appeals,  salaries  of,  §  736. 

Election  commissioners,  §  1075. 

Executive  secretary  of  governor,  §  386. 

Fish  and  gave  w^arden,  p.  1089,  Stats. 

General  superintendent  of  state  hospitals  for  insane, 
§    2137. 

Geologist,   state,   assistants   to,    §    552. 

Governor,  §  384. 

Harbor  commission  of  Eureka,  of  civil  engineer,  §  2572. 

Harbor  commission  of  Eureka,  of  commissioners, 
§   2572. 

Harbor    commission    of    Eureka,    of    secretary,    §    2572. 

Harbor  commission  of  San  Diego,  of  officers  and  em- 
ployees, §§  2606,  260 K 

Harbor  commission  of  San  Francisco,  salaries  of  offi- 
cers and  employees,  §  2552. 

Health  board  in  San  Francisco,  employees  of,  §§  3010, 
3012. 

How    paid,    §    1029. 

Insane,  salaries  of  officers  of  state  hospitals  for,  §  2141. 

Insurance  commissioner,  §  628. 

Internes  of  state  hospitals,  §  2154. 

Legislators,    §§    266,    267. 

Librarian  of  supreme  court,  §§  739,  2314. 

Lieutenant-governor,  §  397. 

Medical  superintendent  of  state  asylums,  §  2154. 

Officers   and   employees  of  legislature,   §§   268,  269. 

Officers  of  election,  §  1072. 

Phonographic    reporter    of    attorney-general,    §    475. 

Phonographic  reporters  of  supreme  court,  §  739. 

Pilot  commissioners  of   Humboldt  Bay,    §   2483. 

Police  department  officers,  of,  in  cities  of  first  class, 
p.  1108,  Stats. 

Porter  of  state  treasurer,  §  460. 

Principal  teacher  of  deaf,  dumb  and  blind  asylum. 
§   2269. 

Printing   expert,    §   679. 

Private  secretary  of  governor,   §  385. 

Recording  clerk  of  secretary  of  state,  §  420. 

Reporter  of  supreme  court  and  district  courts  of  ap- 
peal, §  739. 


1304  SALARY— SALES. 

Secretary  of  board  of  election  commissioners  in  cities 
and  counties  over  150,000,  §  1077. 

Secretary  of  board  of  examiners,  §  654. 

Secretary  of  pilot  commission  of  San  Francisco.  §  2445. 

Secretary   of   state,    §   417. 

Secretary   of   state,   assistant  to,   §   420. 

Secretary  of  state  board  of  health,  §  2982. 

Secretary  of  state  text-book  committee,  §  1874a. 

Secretary  of  supreme  court,  §  739. 
•  Secretary  of  trustees  of  state  normal   school,   §   1489. 

Special  police  for  state  capitol,   §  425. 

State  board  of  equalization,  of  members  of,  §  3700. 

State  geologist,    §    551. 

State  librarian,   §   2302. 

State    printer,    §    534. 

Statistician    to    state    board    of    health,    §    3075. 

Stenographer  of  clerk  of  supreme  court,   §  751 1/^. 

Stenographer  of  district  court  of  appeals,  §  758. 

Stenographer  to  state  treasurer,   §   515. 

Stenographer   of   governor,   p.    1092,   Stats. 

Superintendent    of    city    cemetery     of    San    Francisco, 
§    3035. 

Superintendent  of  home  for  dipsomaniacs,  §  3022%. 

Superintendent  of  public  instruction,  §  513; 

Superior  judges,  §§  737,  738. 

Supreme  judge,  §  736. 

Surveyor-general    of,    §    484. 

Text-book  clerk  to  the  superintendent  of  public  instruc- 
tion, §  515. 

To  be  full  compensation  for  all  services,   §   1033. 

Treasurer,   §   455. 

Treasurer,    deputies   and    clerks   in   certain    cities   and 
counties,   p.   1114,    Stats. 

Treasurer  of  deaf,  dumb  and  blind  asylum,  §  2281. 

Watchmen  for  state  capitol   and   governor's  mansion, 
§    421. 

"Watchmen   for   treasurer,    §    457. 

SALES,  contracts  where  officers  interested  voidable,  §  922. 
Officers  not  to  be  purchasers  at  their  own  sales,  §  921. 
Officers  not  to  be  vendors  on  their  own  purchases,  § 

921. 
Taxes,    sale   of   land   sold   to   state   for:  See   Taxation. 
IX,  9. 
Tax  sales:  See  Taxation,  IX,  8. 


SAL,MON— SAN    FRANCISCO.  1306 

SALMON.     Act  to  regulate  salmon  fisheries  in  Humboldt 
continued  in  force,   §  19. 

SALT  MARSH  LANDS:   See  Public  Lands,  XI. 

SALVAGE:   See  Wrecks. 

SAN   BENITO  COUNTY,  legal  distance  from  county  seat 
of    to    Sacramento,    §    184. 

SAN     BERNARDINO    COUNTY,    boundaries    and    county 

seat,  §  3943. 
Legal   distance   from    county   seat    of    to   Sa.  ramento, 

§  185. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SAN  DIEGO  CITY,  harbor  commissioners  of:   See    Harbor 

Commissioners. 
Mayor    of,    ex-officio    member    of   harbor   commission, 

§  2587. 
Normal  school,  act  establishing  in,  p.  1102. 
Police  commission  to  appoint  what  employees  of  har- 
bor commission  as  special  police,  §  2603. 
Police  court  of  has  jurisdiction  of  offenses  in  harbor, 

§  2597. 
Streets    and    sewers,    extending    along    waterfront    of, 

§  2580. 
SAN  DIEGO  COUNTY,  boundaries  and  county  seat,  §  3944. 
Legal    distance    from    county    seat    of   to    Sacramento, 

§  186. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SAN    FRANCISCO.     Auction    sales    in   to    be    in    day-time 

except  in  certain  cases,  §  3308. 
Auction  sales,  notice  of,  in,  §  3307. 
Board   of  health   of,   law   governing  appointment   and 

holding  of  office,  §  360. 
Board  of  health  of  San  Francisco:  See  Health. 
Bond  of  immigration  commissioner  of,  §  2968. 
Boundaries,  §  3950. 
Burial    in:    See    Burial. 

Canvass  of  votes,  how  commenced  in,  §  1253. 
Code  provisions  relating  to  supervisors  'do  not  apply 

to,  §  4087. 
Delivery    of   packages   containing   election   returns   in, 

§  1264. 
Election,  failure  to  designate  place  of  holding,  proceed- 
ings on,  §  1132. 


1306  SAN     FRANCISCO— SAN     JOAQUIN     COUNTY. 

Election,    posting    copies    of    precinct    register    before 

holding,   §§  n49,  1150. 
Election,   sealing   and    delivering   packages   containing 

returns,  §  1264. 
Failure  of   tax    collector   to   prepare   military   roll   in, 

penalty,  §  1898. 
Farallone  Islands  part  of,  §  3950. 
Free  market,  act  authorizing  harbor  commissioners  to 

establish,  p.  1096. 
Gas  meters,  inspector  of,  to  reside  in,  §  583. 
Harbor  commissioners  of:  See  Harbor  Commissioners. 
Health  board  and  officers:   See  Health. 
Home  for  inebriates  and  dipsomaniacs,  §  3022%. 
Home  of  inebriates  in  San  Francisco,  act  relating  to 

continued  in  force,  §  19. 
Insurance  commissioner  to  keep  office  in,  §  631. 
Legal   distance  from   county  seat    of    to    Sacramento, 

§  187. 
Maps  of  changes  in  streets  on  waterfront,  §  2538. 
Mayor  of  is  ex-officio   member  of  harbor  commission, 

§  2531. 
Mechanics'  institute:    See  Mechanics'  Institute. 
Normal  school  in,  act  establishing,  p.  1101. 
Notaries,  number  of.  in,  §  791. 
Notary,  additional  for,  to  reside  at  Presidio,  p.  1108, 

Stats. 
Notary  for  to  reside  at  Goat  Island,  p.  1109,  Stats. 
Pilotage:  See  Pilotage. 

Pilot  commissioners:    See  Pilot  Commissioners. 
Pilots  for:   See  Pilots. 
Police  commission  to  appoint  certain  officers  of  harbor 

commission  as  special  police,  §  2550. 
Port  wardens  in:   See  Port  Wardens. 
Proceedings  where  in  canvassing  votes  there  are  too 

many  ballots,  §  1256. 
Quarantine:    See  Quarantine. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
Streets  and  sewers  alon'g  waterfront  in,  §  2525. 
Swamp   and    overflowed   lands   within   five   miles,   law 

governing,  §  3488. 
Tax  collector  to  prepare  military  roll  in,  §  1897. 
Wharves  in,  §  2920. 
Yerba  Buena  Island  part  of,   §   3953. 
SANITARY  CORPS:  See  National  Guard,  XXIV. 
SAN    JOAQUIN    COUNTY,    boundaries    and    county    seat, 

§  3932. 


SAN    JOAQUIN    COUNTY— SCHOOL    FUNDS.  1307 

Legal  distance  from  county  seat    of    to    Sacramento, 

§  188. 
Salary  of  county  judge,  §  4329. 
Salary  of  -district  attorney,  §  4330. 
SAN  JOAQUIN  RIVER,  a  navigable  stream,  §  2349. 
Rafts  of  timber  on,  lights  on,  §  2370. 
Steamboats  on  to  carry  spark-catchers,  §  2374. 
Toll  bridge  not  permitted  over,  §  2872. 
SAN  JOSE,  normal  schools  In,  act  relating  to,  p.  1102. 
SAN  LUIS  OBISPO  COUNTY,  boundaries  and  county  seat, 
§  3947. 
Legal   distance  from  county    seat    of    to    Sacramento, 

§  189. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SAN  MATEO  COUNTY,  boundaries  and  county  aeat,  §  3951. 
Legal    distance   from   county    seat   of   to    Sacramento, 

§  190. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SAN    QUENTIN,   swamp   and   overflowed   lands   near,   ex- 
cepted from  chapter  on  public  lands,  §  3488. 
SANTA  BARBARA  COUNTY,  boundaries  and  county  seat, 
§  3946. 
Legal   'distance    from    county    seat    of   to    Sacramento, 

§  191. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SANTA  CLARA  COUNTY,  boundaries  and  county  seat  of, 
§  3952. 
Firemen,  act  authorizing  supervisors   to   exempt  from 

poll  tax,  p.  1086. 
Legal    distance    from   county    seat    of   to    Sacramento, 

§  192. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SANTA    CRUZ    COUNTY,    boundaries    and    county    seat, 
§  3949. 
Legal   distance    from    county    seat    of   to    Sacramento, 

§   193. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SCHOOL  BONDS:   See  Schools,  XXVI. 
SCHOOL  DISTRICTS:   See  Schools,  XVIl. 
SCHOOL  FUNDS:   See  Schools,  XXV. 


1308 


SCHOOL.   LAW— SCHOOLS,    I. 


SCHOOL  LAW,  offenses  against:   See  Schools,  XXX. 
SCHOOL    LIBRARIES:    See  Schools,  XX. 
SCHOOL  LANDS:    See  Public  Lands,  X. 
SCHOOLS. 

I.     State  superintendent  of  public  instruction. 
II.     County  superintendent. 

III.  City  superintendent. 

IV.  Boards  of  education. 
V.     Trustees. 

VI.     Officers. 
VII.     Census  marshal. 
VIII.     Boards  of  examination. 
IX.     Teachers. 
X.     Certificates. 
Xl.     Diplomas. 
XII.     Institutes. 

XIII.  Grading. 

XIV.  Normal  schools. 
XV.     High  schools. 

.XVI.     Kindergarten. 
XVII.     School  districts. 
XVIII.     Union  school   districts;    joint  union  school  dis- 
tricts. 
XIX.     Text-books. 

XX.     Libraries. 
XXI.     Binding;   printing;   contracts. 

XXII.  Pupils;    deaf  children. 

XXIII.  Studies    and    instructions;    daily    sessions;    ex- 
hibitions. 

XXIV.  School  month  and  year;  time  to  be  kept  open. 
XXV.     Funds. 

XXVI.     Bonds. 
XXVII.     Taxes. 
XXVIII.     Official  journal. 
XXIX.     Buildings,  ventilation,  heating. 
XXX.     Offenses  against  school   law. 
XXXI.     Lost   or   destroyed    records   and   certificates. 
Women  eligible  to  educational  offices,  p.  1103,  Stats. 
I.     State  superintendent  of  public   instruction. 
Apportionment  of  school  funds,  rules  governing,  §  1858. 
Apportionment,  district  not  entitled  to  unless  teachers 
have  legal  certiflcates,  §  ISGO. 


SCHOOLS,    I,    II.  1309 

Apportionment,   district   not   maintaining  scliool   wlien 

and  when  not  entitled  to,  §  1859. 
Assistants  are  civil  executive  officers,  §  515. 
Assistants,  what  may  appoint,   §  515. 
General  duties  of  enumerated,  §  1532. 
Bond  of,  §  517. 
Clerk  of,  salary  of,  §  514. 

Convention  of  school  superintendents,  may  call,  §  1533. 
Convention    of     superintendents,    expenses,     allowance 

any  payment,  §  1533. 
Deputy,  salary  of,  §  514. 
Duties  of,  §  1532. 
Duties,   where  prescribed,    §   512. 
Ex-oliicio  regent  of  university,  §  353. 
Ex-officio   secretary  of  joint  boards  of  normal  school 

trustees,  §  1492. 
Ex-officio  trustee  of  state  normal  schools,  §  354. 
General  powers  and  duties  of,  enumeration  of,  §  1532. 
Member  of  state  board  of  education,  §§  1517,  1518. 
Mode  of  election  prescribed  by  constitution,  §  348. 
Report,  number  of  copies  of,   §  334. 
Report,   when  to  make,   §  332. 
Salary  of,  §  513. 

School  fund,  how  apportioned,  §  1532. 
Secretary  of  state  board  of  education,  §  1518. 
To  reside  and  keep  offices  at  Sacramento,  §  852. 
To  visit  normal   school,   §  1505. 
Traveling  expenses  of,  §§  516,  1532,  subd.  9. 
Vacancy  in  office,  governor  to  fill,  §  1002. 

II.     County    superintendent. 

A  county  officer,  §  4103. 

Bond  of,    §   4122. 

Boundaries  of  school  districts,  duties  in  relation  to, 
§   1551. 

Clerk  of  district,  to  appoint  on  failure  of  trustees  to 
elect,   §   1649. 

Convention  of  superintendents,  expenses,  allowance, 
and   payment,    §   1533. 

Convention  of  superintendents,  superintedent  of  pub- 
lic instruction  may  call.  §  1533. 

Deputy,  appointment  and  salary,  §§  1549,  1550. 

Deputies,  may  appoint,   §  1549. 

Deputy,  compensation  of,  §§  1549,  1550. 

Duties  of  generally,    §§   1543,  4302. 

Expenses,  requisitions  for.  §  1548. 

Expenses,  traveling,  allowance  and  payment  of,  §  1552. 

Expenses,  what  allowed-  to,  §  1548. 


!10  SCHOOLS.     II-IV. 

Forfeiture  for  failure  to  make  report,  §  1544. 

Joint  union  school  district,  powers  and  duties  In  rela- 
tion to:  See  Post,  XVIII. 

May  appoint  teachers  and  open  schools,  when,  §  1545. 

May  require  trustees  to  abate  nuisances,  §  154(5. 

May  require  trustees  to  furnish  outhouses  and  orna- 
mental trees,  etc.,  §  1546. 

May  require  trustees  to  repair  school  buildings  and 
property,  §  1546. 

Oath,  may  administer,  §  4118. 

Orders,  making,  approving  and  allowing  of,  §  1548. 

Petition  to  change  school  district,   §§  1577,  1578. 

Powers   and    duties,   enumeration   of,   §   1543. 

Powers  of  where  census  incorrect,  §  1636. 

Report  of  children  of  school  age,  §  1551. 

Requisitions  for  expenses,  §  1543. 

Requisitions  drawn  by.  §  1548. 

Secretary  of  county  board  of  education,  ex-offlclo, 
§  1768. 

Teachers'  institutes,  to  hold,  §§  1560,  1561. 

Teachers'  library,  to  take  charge  of  and  catalogue, 
§   1565. 

Text-books,  duty  to  purchase,  §  1874. 

To  estimate  school  fund  required,  §  1817. 

To  fill  vacancies  in  board  of  trustees,  §  1593. 

Union  school  district,  powers  and  duties  in  relation 
to:  See  post,  XVIII. 

When  cannot  teach.  §  1553. 

III.  City  superintendent. 

Chairman  of  city  board  of  examination,  §  1789. 
Purchase  of  text-books  for  school  libraries,  §  1874. 
School  census,  how  determined  in  case  of  public  calam- 
ity,  §   1636. 
Term  of,  §  1793. 

IV.  Boards  of  education. 

Generally. 
Assistant  secretary  may  administer  oaths,  §  1873. 
Bribe,  giving  or  receiving  a  misdemeanor,  §  1879. 
Bribery,  who  may  be  compelled  to  testify,  §  1879. 
Member  not  to  be  interested  in  contract,  §  1876. 
Secretary  of  may  administer  oaths,  §  1873. 
Soliciting  candidate  for,  punishment  of,  p.  1102,  Stats. 

State  board  of  education. 
Certificates,  granting  to  graduates  of  state  university, 

§  1775. 
Concurrence  of  majority  necessary  to  validity  of  acts, 
§   1619. 


SCHOOLS,     IV.  1311 

Designation  of  official  journal,  §  1521. 

Diplomas,    application    for,    how    made    and     what    to 

contain,  §  1521. 
Diplomas,  what  to  grant,  §  1521. 
Governor  is  president  of,  §  1518. 
How   constituted,    §    1517. 

Majority  necessary  to  validity  of  acts,  §  1519. 
Meetings   of,    §    1519. 
Meets  at  call  of  secretary,  §  1520. 

Members,  appointment  and  terms  of  office  where  pro- 
vided  for,    §   355. 
Of  whom  consists,  §  1517. 
Organization,    §   1518. 

Powers  and  duties  of,  enumeration  of,  §  1521. 
Po"v/ers  and  duties,  where  prescribed,  §  708. 
Superintendent  is  secretary  of,  §  1518. 
Traveling  expenses,  how  audited  and  paid,  §  1522. 

County  boards  of  education. 
Appointment,    superintendent    to    make    on    failure    of 

supervisors,  §  1768. 
Appointment,  supervisors  appoint  members  of,  §  1768. 
Certificates,  examination,  §  1772. 

Certificates,  examination  for,  how  conducted,  §  1773. 
Certificates,    examination    for,    granting   or     renewing, 

§  1770. 
Certificates,  granting  by,  §  1771. 
Certificates,  how  issued,  §  1775. 
Certificate,    issuance,     renewal    or   revocation   of,   vote 

necessary,    §   1768. 
Certificates,  renewal  of  and  rights  under,  §  1775. 
Certificates,  revocation  or  suspension  of,  §  1771. 
Certificates,   special,  may   be  issued,  when,  §  1775. 
Certificates,  standing  to   be  indorsed  on,  §  1774. 
Certificates     without     examination     may    be    granted, 

when,   §  1775. 
Compensation  and  mileage,  §  1770. 
Diplomas,  issuance  of,  §  1771. 

General  powers  and  duties,  enumeration  of,  §  1771. 
Meetings,   §  1770. 
Members   not   to   prepare    teachers    for    examination, 

§  1776. 
Of  whom   composed,   §   1768. 
Organization,    §    1768. 

Printing  and  incidental  expenses,   how  met,   §  1770. 
Qualifications  of  members,   §  1768. 
Qualifying,    §   1768. 
Quorum.  §  1768. 
Secretary,  compensation  of,  §  1770. 


1312  SCHOOLS,    IV,    V. 

Superintendent,   ex-ofllcio  secretary,   §   1768. 

Vote,  ayes  and  nayes,  §  1768. 
City  boards  of  education. 

Certificates,  examinations  for  and  issuance  of    §  1791. 

Election  of,   §   1616. 

Funds,  duties  as  regarding,   §  1621. 

Funds,  for  what  purposes  may  be  used,  §  1622. 

Liable  for  losses  for  failure  to  appoint  census  mar- 
shals, §  1624. 

Members  not  to  prepare  teachers  for  examination, 
§    1776. 

Powers  and  duties  of,  §§  1616,  1617. 

Powers  in  admission  and  rejection  of  pupils,  §  1662. 

Salaries  of  employees,  may  fix,  §  1793. 

Schools  to  be  established  for  equal  length  of  time, 
§  1619. 

Supplies,   duties   to  furnish,   §   1620. 

Supplies,  how  audited  and  paid,  §  1620. 

V.     Trustees. 

Appointment  of  and  filling  vacancies,  §  1543. 

Bribe,  giving  to  or  receiving  a  misdemeanor,  §  1879. 

Bribery,  who  may  be  compelled  to  testify,  §  1879. 

Clerk,  to  elect,  §  1649. 

Clerk,  on  failure  to  elect  superintendent  to  appoint, 
§  1649. 

District,  appointment,  election  and  term  of  office, 
§  1615. 

Election,   challenge  of  voter,   §  1600. 

Election,  officers,  procedure  where  none  appointed, 
§  1596. 

Election,  one  inspector  and  two  judges  in  each  pre- 
cinct, §  1596. 

Election,  officers,  procedure  where  they  fail  to  attend, 
§   1596. 

Election,  precincts,  changing  and  altering,  §  1596. 

Election,  precincts,   division  of  district  into,   §  1596. 

Election,  canvass  of  returns,§  1602. 

Election,  certificates  of  election,   §   1602. 

Elections  in   new   districts,   §   1593. 

Election,   notices  of,   §   1595. 

Election,  opening  and  closing  of  polls,  §  1597. 

Election,  poll   and  tally  list,   §   1601. 

Election,   qualified   electors,   who   are,    §   1598. 

Election,  voter,  challenge  and  oath  of,  §  1600. 

Election,    voting,    how    conducted,    §    1599. 

Election,  when  and  where  held,  §  1593. 


SCHOOLS,     V-VII.  1313 

Election,  who  may  vote,   §  1598. 

Eligibility   of,   §   1593. 

Every  district  under  control  of,   §   1611. 

Failure  to   elect,   §   1614. 

Funds,    duties    as   regarding,    §    1621. 

Funds,  for  Tvhat  purposes  may  be  used,  §  1622. 

Joint    district,     appointment,     election     and     term     of 

office,   §   1615. 
Joint    district,    number,    election    and    term    of    office, 

§  1615. 
Joint  district,  terms  cease  on  formation  of,  §  1615. 
Joint   union   school    districts,    trustees    of:   See    post, 

XVIII. 
Liable    for   losses   through   failure    to    appoint    census 

marshal,    §    1624. 
Liable  for  what  debts  and  judgments,  §  1623. 
May  hold  and  convey  in  name  of  district,  §  1575. 
May  sue  and  be  sued  in  name  of  district,  §  1575. 
New  district,  who  to  act  as,  §  1615. 
Not  to  be  interested  in  contract,  §  1876. 
Number  of,   §§   1593,   1611. 

Powers  and  duties  of,  enumeration  of,  §  1617. 
Power  and  responsibility  as  to  libraries,  §  1717. 
Powers    in    relation    to    admission    and    rejection    of 

pupils,  §  1662. 
Resignation    to    be    sent    to     county     superintendent, 

§   1614. 
Schools   to   be    established   for   equal   length   of   time, 

§  1619. 
Soliciting  candidate  for,  punishment  of,  §  p.  1102,  Stats. 
Supplies,  duties  to  furnish,  §  1620. 
Supplies,  how  audited  and  paid,  §  1620. 
Term  of  office,  §  1613. 

Terms  of  office  of  in  new   districts,   §   1593. 
Union  school  districts,  trustees  of:   See  post,  XVIII. 
Vacancies,  how  filled  and  term  of  appointee,  §  1593. 
Vacancies,  superintendent  to  fill,  §  1543. 
Vacancies,  what  create,  §   1613. 

VI.  Officors. 

Officers  not  to  act  as  agent  for  supplies,  §  1870. 
Officers  of   department  may  administer  oaths,   §   1873. 

VII.  Census  marshal. 
Appointment  of,   §  1617. 

Board    of   education    and    trustees     liable    for     losses 
through   failure  to   appoint,   §   1624. 

Pol.    Code — 83 


il4  SCHOOLS.    VIII-IX. 

Census  children,  who  are,  §  1858,  subd.  4. 

Census,  how  determined  in  ca.se  of  public  calamity, 
§   1636. 

Compensation,   amount  of,   §   1639. 

Compensation,  how  audited  and  paid,  §  1639. 

Compensation,  how  paid  on  refusal  of  board  to  audit, 
§    1636. 

Compensation  not  paid  unless  superintendent  ap- 
prove   report,    §    1640. 

Compensation  not  to  be  paid  until  report  filed,  §  1639. 

Duties  of,  enumeration  of,  §  1634. 

Must  qualify  and  take  oath,  §  1634. 

Oaths,  may  administer,   §   1636. 

Report,  how  made,   §  1636. 

Report,   neglect  or   refusal  to  report,   §   1640. 

Report  of,   §§   1634-1638. 

Report,  what  to  show  and  include,  §§  1636,  1637,  1638. 

Report,  when  to  file,  §  1634. 

Report,  where  district  in  two  counties,  §  1635. 

Superintendent  may  appoint  to  take  new  census,  when, 
§  1636. 

VIII.  Boards  of  examination. 
Certificates,    revocation    of,    §    1791. 
Certificates,    what   may    issue,    §    1791. 
Certificates,  when  granted  without  examination,  §  1792. 
City  superintendent  of  schools  chairman  of,  §  1789. 
Compensation,  §  1794. 

Elected  by  city  board  of  education,  §  1788. 
Examinations  for  certificates,  when  held,  §  1790. 
General  powers  and  duties  of,  enumeration  of,  §  1791. 
May  be  had  in  what  cities  or  cities  and  counties,   § 

1787. 
Meetings,  §  1790. 

Member  not  to  prepare  teacher  for  examination,  §  1776. 
Of  whom   consists,   §   1788. 
Qualifications   of   members,    §   1788. 
Term  of  office,  §  1788. 

IX,  Teachers. 

Abusing  in  presence  of  class,  a  misdemeanor,  §   1867. 
Beginners,  salaries  of  teachers  for,  §  1687. 
Certificate,  duty  to  file,  §  1696. 
Dimissal    of    and    appeal    to    superintendent,    §§    1698, 

1699. 
Dismissal,  teacher  holding  city  certificates  when  only 

can  be  dismissed,  §  1793. 
Duties   of  generally,   enumeration   of,   §   1696. 


SCHOOLS.    IX.  law 

Holding  certificate  below  grade  not  to  be  employed, 

§   1543. 
Holding  city  certificates,  in  what  schools  may  teach, 

§  1793. 
Holding    primary    certificate,    in    what    schools    may 

teach,  §  1663. 
Kindergarten:   See  post,  XVI,  Kindergarten. 
Leaving  before  expiration  of  time,  §  1699. 
Members  of  boards  of  education  not  to  prepare  teachers 

for  examination,  §  1776. 
Must  be  eighteen  years  of  age,  §  1704. 
Not  to  act  as  agent  for  supplies,  §  1870. 
Not  to  teach  in  school  of  higher  grade  than  certificate, 

§   1663. 
Opening  and  closing  schools,  notice  of,  §  1696. 
Principal  of  county  high  school  may  act  as  principal 

of  grammar  schools,   §  1671. 
Rules   for  examination,  county  board  of  education  to 

prescribe,    §    1771. 
Salaries,   allowance  of,   when   enjoined.    §   1818. 
Salaries,  special  fund  for  payment  for,   §§  1818  1818a. 
Salaries,   special  fund,  deficiencies  or  surplus  in.   pro- 
ceedings in  case  of,  §  1818. 
Salaries,  special  fund  for,  illegal  allowance  of  demand 

against,   penalty,    §   1818. 
Salaries,   special  fund  for,  statement  of  money  used, 

§  1818. 
Specific  city  certificates,  eligibility  of  holders  to  teach, 

§  1793. 
Special  fund  for  salaries  of,  §  1818. 
State  normal  school,  admission  of  to,  §  1495. 
State   normal   schools,   appointment   may   be  fixed   at 

four  years,  when,  §  1489. 
State  normal  school,  revocation  of  diploma,    grounds 

for,   §  1489. 
State  normal  school,  revocation  of  diploma,  notice  of, 

§  1489. 
Suspension  of,  grounds  for  and  proceedings  on,  §  1699. 
To  instruct  on  morals,  habits  and  citizenship,  §  1702. 
Warrant  for  not  to  be  drawn  unless  duty  performed, 

§   1700. 
Warrant  for,  not  to  be  drawn  unless  employed,  §  1701. 
Warrant    for,    not    to    be    drawn    unless    teacher    has 

certificate,  §  1701. 


1316  SCHOOLS,     X. 

X.     Certificates. 

Certificates  granted  before  passage  of  statute,  effect  of, 
§  1775,  sub.  3. 

Certificate,  permanent,  state  board  to  grant  to  holder 
of  diploma  from  university,  when,  §  1775. 

Certificates,   temporary,   issuance  of,   §   1543. 

City,  grammar,  how  long  valid  and  rights  under,  §  1791. 

City,   granted  without  examination,   when,   §   1792. 

City,  high  school,  how  long  valid  and  rights  under, 
§   1791. 

City,  holders  of,  eligibility  of  and  when  only  can  be 
dismissed,  §  1793. 

City,  primary,  how  long  valid  and  rights  under,  §  1791. 

City,  special,  eligibility  of  holders  to  teach,   §  1793. 

City,  special,  issuance  of,  §  1791. 

City,  revocation  of,  §  1791. 

County,  board  may  require  examination  of  holder, 
when,    §   1775. 

County,   examination,   granted   without,   when,   §   1775. 

County,  examinations,  how  conducted,   §  1773. 

County,  examination  is  had  in  what  studies,  §  1772. 

County,  grammar,  how  long  valid  and  rights  under, 
§  1771. 

County,  grammar,  to  whom  granted,  §  1775,  subd.  1. 

County,  grammar,  to  Wxiom  granted  without  examina- 
tion, §  1775,  subd.  1. 

County,  granting  to  graduates  of  state  university 
§    1775. 

County,  high  school,  how  long  valid  and  rights  under, 
§  1771. 

County  certificates,  high  school,  to  whom  granted  with- 
out examination,   §  1775. 

County,  how  issued,  §  1775. 

County,  issued  only  to  those  passing  satisfactory  ex- 
amination,   §    1772. 

County,  kindergarten  primary  certificate,  to  whom 
granted  without  examination,  §  1775,  subd.  1. 

County,  permanent,  power  to  grant  and  effect  of,  § 
1775,  subd.  4. 

County,  power  to  renew,  §  1775,  sub.  3. 

County,  primary,  how  long  valid  and  rights  under, 
§  1771. 

County,  renewal  of  and  rights  under,  §  1775,  subds.  3 
and   4. 

County,  revocation  or  suspension,  §  1771. 


SCHOOLS,    X,    XI.  131T 

bounty,  special  may  be  issued,  when,  §  1775. 
County,  standing  to  be  indorsed  on,  §  1774. 
Credentials,   certificates  on,  county  boards   may   ?rant 

at  any  time.  §  1770. 
Destroyed,  restoration  of,  §  1892. 
District    not   entitled    to    funds    unless    teachers    have 

legal  certificates,  §  18G0. 
Examinations  for  by  county  boards,  when  held,  §  1770. 
Examinations  for  by  city  boards,  when  held,  §  1790. 
Examination,  members  of  boards  of  education  cannot 

prepare  teachers  for,  §  1776. 
Fee  for  issuing  or  renewing,  §  1565. 
Granting  to  graduates  of  university  without  examina- 
tion, §  1892. 
High  school,  diploma  from  normal  school  with  univer- 
sity document  entitle  holder  to,  §  1503. 
Issuance,   renewal   or   revocation   by   county   board   of 

education,  vote  necessary,  §  1768. 
Issuing  without  authority    of  statute,  a  misdemeanor, 

§  1869. 
Joint  district  teacher  does  not  have  to  have  for  each 

county,  §  1583. 
Lost,  restoration  of,   §  1892. 
Restoration  of  lost  or  destroyed  §  1892. 
Renewal,  county  board  may  grant  at  any  time,  §  1770. 
State  university,  granting  to  graduates  of,  §  1775. 
Temporary,  superintendent  may  issue,  §  1543. 
To  be  issued  to  persons  of  good  moral  character  only, 

§  1871. 

XI.     Diplomas. 

Application  for  to  state  board  of  education,  how  made 

and  what  to  contain,  §  1521. 
County,  issuance  of,  §  1771. 
Grammar  school,  granting  by  state  board  of  education, 

§  1521. 
Granted  before  passage  of  act,  effect  of,  §  1775,  subd.  3. 
High    school,    granting   by   state   board    of   education, 

§  1521. 
Issuing  without  authority  of  statute,  a  misdemeanor, 

§  1869. 
Life    diploma,   application    for,   how   made   and    what 

to  contain,  §  1521. 
Normal  school:   See  Normal  Schools,  ante,  XIV. 
Power  of  state  board  of  education  to  grant,  §  1521. 
Provision  for  conferring  of,  §  1663. 
Revocation  of  by  state  board  of  education,  §  1521. 


1318  SCHOOLS,    XI-XIV. 

State  normal  school,  §  1503. 
Unlawful  issue  of,  §  1869. 

XII.     Institutes. 

City,  expenses  of,  how  paid,  §  1560. 

City,  in  cities  with  more  then  seventy  teachers,  §  1560. 

City,  sessions  of,  §  1560. 

City,  teacher  attending  need  not  attend  county,  §  1560. 

Counties  under  twenty  teachers,  when  held,  §  1501. 

County,  how  often  to  be  held,  §  1560. 

County,  teachers  to  attend  and  participate,  §  1560. 

Expenses  of,  how  kept  and  paid,  §§  1560,  1561,  1564. 

Institute  and  library  fund,  what  to  constitute  and 
how  drawn  upon,  §  1565. 

Instructors  at,  payment  of,  §  1565. 

Joint  apportionment  and  payment  of  expenses,  §  1560. 

Joint,  expenses,  limit  on,  §  1564. 

Joint,  holding  of,  §  1560. 

One  to  be  held  each  year,  §  1560. 

Sessions  of,  §  1562. 

Superintendent  of  schools  to  preside  over,  §  1543. 

Teacher  attending  city  need  not  attend  county,  §  1560. 

Teachers'  pay  not  diminished  by  reason  of  attend- 
ance.   §    1563. 

Trustees  of  state  normal  school  may  permit  teachers 
or  principal  to  attend,  §  1502. 

Xlil.     Grading. 

Schools,  how  classified,  §  1663. 
XIV.     Normal    schools. 

Appropriations  for,  acts  making,  pp.  1101,  1102. 

Board  of  trustees,  general  powers  and  duties  enumer- 
ated, §  1489. 

Board  of  trustees,  secretary,  election  and  salary  of,  § 
1489. 

Branches,  acts  establishing  various,  p.  1101. 

Diploma  and  accompanying  recommendation,  rights 
under,  §  1503. 

Diploma  and  university  document  entitle  holder  to  high 
school  certificate,  §  1503. 

Diplomas,  entitled  holder  to  what  certificates,  §  1503. 

Diplomas,  recommendations  from  city  or  county  boards 
of  education  to  holder  of,  §  1503. 

Diploma,  revocation  of,  §  1489. 

Diplomas  when  issued,  §  1503. 

Object  of,  §  1487. 

Orders  on  controller,  how  drawn  and  paid,  §  1507. 


SCHOOLS,    XIV,    XV.  1819 

President  may  be  elected  for  four  years  when,  §  1489. 
President,  report  of,  what  to  state,  §  1501. 
President  to  make  annual  report,  §  1501. 
Principals   are   members   of  state   board   of   education, 

§  1517. 
Pupils,  declarations  to  be  filed  by,  §  1497. 
Pupils,  qualifications  of,  §  1494. 
Pupils,  teachers  with  certificates  may  be  admitted  as, 

§  1495. 
Teacher,  appointment  may  be  fixed  at  four  years,  when, 

§  1489. 
Teachers,  revocation  of  diploma  of,  §  1489. 
Trustees,  appointment  and  terms  of  ofiice,  §  354. 
Trustees,   general   powers  and  duties,   enumeration  of, 

§  1489. 
Trustees,  governor  is  ex-officio  member,  §  354. 
Trustees,  how  constituted,  §§  354,  1488. 
Trustees,  joint  boards,  meetings  of,  §  1492. 
Trustees,  joint  boards,    meetings  of,  mileage  of  mem- 
bers, §  1492. 
Trustees,  joint  boards,  of  whom  composed,  §  1492. 
Trustees,  joint  boards,  powei's  and  duties  of,  §  1492. 
Trustees,  joint  boards,  secretary  of,  duties  of,  §  1492. 
Trustees,  joint  boards,  secretary  of,  superintendent  is, 

§  1492. 
Trustees  may  grant  right  to  attend  institute,  §  1502. 
Trustees,    meetings,    regular    expenses    of     attendance 

allowed,  §  1491. 
Trustees,  meetings,  regular,  how  often  held,  §  1490. 
Trustees,  meetings,  regular,  time,  place  and  notice  of, 

§  1491. 
Trustees,  meetings,  special,  when  held,  §  1490. 
Trustees,  powers  and  duties,   where  prescribed,  §  709. 
Trustees,  report  of,  §  1489. 
Trustees,  salary  of  secretary,  §  1489. 
Trustees,  superintendent  of  public  instruction  ex-officio 

member,  §  354. 
Trustees,  under  control  of,  §  1488. 
Trustees,  vacancies,  governor  to  fill,  §  354. 
What  schools  are,  §  354. 

XV.     High    schools. 

Admission  of  non-resident  pupils  on  tuition,   §  1G70. 
Admission    of    pupils    where    school    more    convenient 

than  their  own,  §  1670. 
Admission  or  withdrawal  of  school  district,  §  1670. 
Admission   to,   qualifications  for,   §   1670. 


1320  SCHOOLS,    XV. 

Admission    to,    who    admitted    without     examination, 

§   1670. 
Board,  meetings  of.  §  1070. 
Board,  powers  of,  §  1670. 
Board,  who  to  constitute,  §  1670. 
Bonds,  §  1670. 

County  high  schools,  additional,  §  1071. 
County  high  schools,  county  board  of  education,  duties 

of,  §  1671. 
County  high  schools,  course  of  study,  §  1671. 
County  high  schools,  elections  for  and  how  conducted, 

§  1671. 
County  high  schools,  election  for,  ballots,  §  1671. 
County    high    schools,    establishment    of     authorized, 

§  1571. 
County  high  schools,  establishment  of,  majority  of  votes 

requisite  to,  §  1671. 
County  high  schools,  estimate  of  cost  of  lot,  building 

and  furniture,  §  1671. 
County  high  schools,  fund,  orders,  etc.,  how  drawn  on, 

§  1671. 
County  high  schools,  fund,  what  constitutes,  §  1671. 
County  high  schools,  location  of,  §  1671. 
County  high  schools,  petition  for,  §  1671. 
County  high  schools,  principal  may  act  as  principal  of 

grammar  school,  §  1671. 
County  high  schools,  renting  rooms,  §  1671. 
County   high    schools,    supervisors   to    deed    to    county 

board  of  education,  §  1671. 
County  high  schools,  tax  for  maintenance,  §  1671. 
County  high  schools,  tax,  special,  on    establishment,  § 

1671. 
County  high  schools,  who  entitled  to  admission,  §  1671. 
Course  of  study  in,  §  1670. 
Disincorporation  of,  §  1670. 
Election  for,  when  called,  §  1670. 
Election,  time  and  manner  of  holding,  §  1670. 
How  and  where  may  be  established,  §  1670. 
How  established  and   maintained,  §  1669. 
Proceedings  for  formation  validated,  §  1671. 
Proceedings  for  establishment  of,  validated,  §  1671. 
Site  and  buildings,-  proceedings  to  procure,  §  1670. 
Site  and  buildings,  tax  levy,  §  1670. 
Suspension  of,  §  1670. 
Text-book,  §§  1670,  1874. 
Union,  board,  meetings  of,  §  1670. 
Union  boards,  powers  of,  §  1670. 
Union,  bonds,  §  1670. 


SCHOOLS,     XV-XVII.  1321 

Union,  disincorporation  of,  §  1670. 

Union,  election  for  when  called,  §  1670. 

Union,   election   in   favoi-   of,    fluty   of   superintendent, 

§  1670. 
Union,  election,  manner  of  conducting,  §  1670. 
Union,     election,    superintendent    to      declare    result, 

§  1670. 
Union,    established    before    passage    of    statute,    valid, 

§  1671. 
Union,  executive  committee,  §  1670. 
Union,  joint  union  high  schools,  §  1670. 
Union,  location  and  name  of  school,  §  j.o70. 
Union,    president   and    clerk,    §    1670. 
Union,    site    and    buildings,    proceedings,    to     procure, 

§    1670. 
Union,  site  and  buildings,  tax  levy,   §   1670. 
Union,  trustees  of,  §  1670. 

XVI.  Kindergarten. 

Children  admitted  to  at  four  years  of  age,  §  1662. 
Children  under  six  may  be  admitted  to,  §  1617. 
Holder  of  certificate  as  teacher  in,  right  of,  §  1663. 

XVII.  School  districts. 

Attending  school  out  of,   §   1617. 

Boundaries,    duty    of    superintendent    in    relation    to, 

§   1551. 
Boundaries,  right  to  attend  school  on  change  of,  §  1577. 
Boundaries,  when  only  changed,  §  1577. 
Changed,  new   school  to  be  opened   within  what  time, 

§    1581. 
Change,  notice  of,  sending  and  posting,  §  1578. 
Change,   petition  for,   duty   of  supervisors   in   relation 

to,  §  1579. 
Change,  superintendent  to  send  petition  to  supervisors 

with  approval  or  disapproval,  §  1578. 
City   as,    governed   by    board   of   education   or   trustees 

of  city,  §  1576. 
City,  constitutes  separate,  §  1576. 
City,  funds  where  district  united,  §  1577. 
City,  supervisors  may  annex  territory,  when,  §  1576. 
City,   territory   annexed    to,   how    deemed   and   treated, 

§   1576. 
Clerk    of,    board,     failure    to     elect     superintendent   to 

appoint,    §    1649. 
Clerk  of,  board  to  elect,  §  1649. 
Clerk  of,   duties  of,   enumeration  of,   §§   1650,   1651. 


SCHOOLS,     XVII. 

Clerk,  term  of  oflBce  and  salary,  §  1576a. 

Clerk  of,  to  exercise  general  supervision  over  school 
premises  and  property,  §  1651. 

Clerk  of,  to  provide  school  supplies,  §  1651. 

Clerk,  Mrhen  may  be  appointed,  §   1576a. 

Electors,  meetings,   how   called,   §   1617. 

Electors,    meetings    of,    adjournment,    §    1617. 

Electors,  meetings  of,  votes  how  taken,  §  1617. 

Electors,  meetings  of,  when  may  be  called,  §  1617. 

Funds,  transfer  of  where  joinder  of,  §  1577. 

High   school    district,   admission   into,    §    1670. 

High  school  district,  partly  within,  §  1670. 

High  school  district,  withdrawal  from,  §  1670. 

Joint  apportionment,   §   1583. 

Joint  certificates  in,  §  1583. 

Joint,  between  what  dates  may  be  formed,  §  1577. 

Joint,  concurrent  action  of  supervisors  and  super- 
intendents,   §   1577. 

Joint  district,  contiguous  school  district,  formation  of 
into,    §    1577. 

Joint,  petition  for,   §  1577. 

Joint,    property   of,   §    Ibil. 

Joint,  right  of  children  to  attend,  §  1577. 

Joint,  rules  in,  §  1583. 

Joint,  teacher  does  not  have  to  have  certificate  for 
each  county,   §   1583. 

Joint,  text-books  and  rules  governing  in,  §  1583. 

Joint,  trustees  and  teachers  in,  reports  of,  §  1583. 

Joint  union  school  districts:   See  post,  XVHI. 

Joint,  what  are,   §  1577. 

Joint,  what  districts  may  be  formed  into,  §  1577. 

Joint,  when  may  be  formed,  §  1577. 

Lapse   of,   proceedings  in  case   of,   §   1543. 

Lapse  when,   §   1543. 

Name  of,  §  1575. 

Name  of,   number  not  to   be  used   as,   §   1575. 

New,  election  of  trustees  in,  §  1593. 

New,  new  school  to  be  opened  within  what  time,  §  1581. 

New,  right  of  children  to  r.ttend,   §  1577. 

New,  terms  of  office  of  trustees  in,  §  1593. 

New,  trustees  in,  §  1615. 

When  and  how  may  be  formed,  §  1577. 

Not  entitled  to  funds  unless  teachers  have  legal  cer- 
tificate, §  1860. 

Not  maintaining  school,  when  and  when  not  entitled 
to  funds,  §  1859. 


SCHOOLS,    XVII.    XVIII.  1323 

Suspension  of,  §  1543. 

Trustees  of:   See  Trustee,  ante,  V. 

Union  school  districts:  See  post,  XVIII. 

United,  funds,  disposition  of,  §  1577. 

United,  right  of  children  to  attend,  §  1577. 

United,  when  may  be,  §  1577. 

When  and  how  may  be  formed,  §  1577. 

XVIII.     Union  school   districts;   joint  union    school    dis- 
tricts, 
a.  Union  school  districts. 

Admission  to  proceedings,  when  may  be  begun,  §  1674. 

Admission  or  annexation  of  other  school  districts  into, 
§  1674. 

Admission  or  annexation  of  portion  of  school  district 
into,  §  1674. 

Admission  or  annexation  of  portion  of  district  in  dif- 
ferent county  into,  §  1674. 

Buildings,  erection  or  lease  of,  §  1674. 

Census  in,  §  1674. 

Classes,  division  of  into,  §  1674. 

Dissolution  of,  §  1674. 

Election  for,   §   1674. 

Executive  committee  to  attend  to  routine  work,  ap- 
pointment of,  §  1674. 

Formation  of  or  admission  to,  effect  on  control  of 
schools  and  powers  of  trustees,  §  1674. 

Formation  of,  proceedings  for,  when  may  be  begun, 
§  1674. 

Funds,  apportionment  of,  §  1674. 

Funds,  transfer  of,  to,  §  1674. 

How  formed,   §   1674. 

Lease  of  buildings  for  schools,  §  1674. 

Location  of  schools.  §  1674. 

Location  of  schools,  change  of,  when  and  how  made, 
§  1674. 

May  be  formed,  §  1674. 

Meetings  of  qualified  electors,  §  1674. 

Meetings,  regular,  §  1674. 

Meetings,  special,  §  1674.  ' 

Name  of,  §  1674. 

Petition  for   formation   of,   §   1674. 

Pupils,  transportation  of,   §   1674. 

Representatives,   powers   and   duties  of,   §   1674. 

Representatives,   selection  of  by  electors,   §   1674. 

Sale  of  property,  proceeds  how  applied,  §  1674. 


SCHOOLS.    XVIII. 

Study,  course  of,  §  1674. 

Superintendent,  duty  in  relation  to  union  school  dis- 
tricts, §  1674.  . 

Superintendent,  powers  and  duties  of,  §  1674. 

Superintendent  to  direct  trustees  to  call  meetings  of 
electors,  §  1674. 

Supervising  principal,  appointment,  duties  and  com- 
pensation,  §   1674. 

Text-books,  §  1674. 

Trustees,  formation  of,  effect  on  powers  of,  §  1674. 

Trustees  of,  §  1674. 

Trustees,  election  and  term  of  office,  §  1674. 

Trustees,    how    composed,    §    1674. 

Trustees,  powers  of,  §  1674. 

Trustees,  vacancy,  how  filled  and  term  of  appointee, 
§  1674. 

Withdrawal  of  school  district,  §  1674. 

h.  Joint  union  school  districts. 

Admission,  proceedings,  when  may  be  begun,  §  1674. 

Admission  or  annexation  of  other-  school  districts  into, 
§  1674. 

Admission  or  annexation  of  portion  of  school  district 
into,  §  1674. 

Admission  or  annexation  of  portion  of  district  in  dif- 
ferent county,   §   1674. 

Buildings,  erection  or  lease  of,  §  1674. 

Census  in,  §  1674. 

Classes,  division  of  into,  §  1674. 

Dissolution  of,   §   1674. 

Election  for,  §  1674. 

Election  and  term  of  office,  §  1674. 

Executive  committee  to  attend  to  routine  work,  ap- 
pointment of,  §  1674. 

Funds,    apportionment    of,    §    1674. 

Funds,   transfer  of,  to,   §   1674. 

Formation  of,  proceedings,  when  may  be  begun,  §  1674. 

Formed,  how,  §  1674. 

Location  of,  §  1674. 

Location  of  schools,  when  and  how  made,  §  1674. 

Meetings  of  qualified  electors,  §  1674. 

Meetings,   regular,  §  1674. 

Name  of,  §  1674. 

Petition  for,  1674. 

Pupils,  transportation  of,   §  1674. 

Representatives,    powers   of,    §    1674. 


SCHOOLS,    XVIII,    XIX.  U26 

Representatives,    selection   of,    §    1674. 

Sale  of  property,  proceeds,  how  applied,  §  1674, 

Special,  §  1674. 

Study,    course   of,    §    1674. 

Superintendent,  powers  and  duties  of,  §  1674. 

Supervising  principal,  appointment,  duties  and  com- 
pensation, §  1674. 

Text-books,  §  1674. 

Trustees,  effect  of  on  control  of  school  and  powers  of, 
8  1674. 

Trustees,    how    composed,    §    1674. 

Trustees  of,  powers  of,  §  1674. 

Trustees,  vacancy,  how  filled  and  term  of  appointee, 
§  1674. 

Withdrawal  of  school  district,  §  1674. 

What  is,  §  1674. 

XIX.     Text-books. 

Adoption  of  uniform  series  of,  §  1874. 
Appropriation  for  and  claims  against,  §  1874. 
Committee     on     school     text-books,     appointment     of, 

§  1874. 
Committee   on   school  text-books,  composed  of  whom, 

§  1874. 
Committee   on   school   text-books,   powers    and    duties 

of,  §  1874. 
Committee    on    school    text-books,    secretary,    appoint- 
ment, qualifications,  duties  and  salary,  §  1874. 
Compiling,  printing  and  distributing,  §  1874. 
Copyrights  for,  §  1874. 
Experts  to  pass  on,  employment  and  compensation  of, 

§  1874. 
Joint  districts,  in,  §  1583. 

Instruction  to  be  given  in  what  studies,  §  1874. 
Penalty  for  failure  to  use  state  series  of,  §§  1874,  1875. 
Price  of,  §  1874. 

Remain  in  force  how  long,  §  1874. 
Royalty,  §  1874. 

Sectarian  publications  not  to  be  used,  §  1672. 
State  printer  to  have  supervision  of  mechanical  work, 

§  1874. 
State  school-book  fund,  claims  against,  §  1874. 
State  school-book  fund,  what  constitutes,  §  1874. 
State  series  of,  adoption,  printing  and  distribution  of, 

§  1874. 


1326  SCHOOLS,    XIX-XXII. 

State  text-book  committee,  office  and  duties,  §  1874a. 
State    text-book    committee,    secretary,    appointment, 

term  and  salary,  §  1874a. 
Superintendent   of   schools  to   purchase  text-books  for 

libraries,  §  1874. 
When  to  take  effect,  §  1874. 

XX.  Libraries. 

Appointment  of  librarian,  §  1617. 

Control  of,  §  1715. 

Funds,  apportionment  of,  §  1714. 

Fund,  for  what  expended,  §  1704. 

Fund,  how  drawn  upon,  §  1712. 

Funds,  of  what  consist,  §§  1713,  1714. 

Management  of,   §   1G17. 

Orders  for  books,  submission  of,  §  1712. 

Sectarian  books  not  to  be  put  in,  §  1672. 

Stamping  books,  §  1712. 

Teachers,  §  1565. 

Text-books,  purchase  of  for  school  libraries,  §  1874. 

Trustees,  powers  and  responsibilities  as  to,  §  1717. 

Where  kept,  §  1715. 

Who  may  use,  §  1716. 

XXI.  Binding;  printing;   contracts. 

Binding,   duty  of  state   printer,    §   1877. 

Contract  obtained  by  corrupt  means,  void,  §  1879. 

Contracts,   trustees   or   members   of   boards   not   to  be 

interested  in,  §  1876. 
Printing,  duty  of  state  printer,  §  1877. 
Text-books,  printing  and  binding  of,  §  1874. 

XXII.  Pupils;   deaf  children. 

Admission,  children  entitled  to,  §  1662. 

Admission,   children  under  six  not  to  be  admitted  to 

school,  §  1617. 
Admission  of  pupils,  order  of,  §  1683. 
Age  at  which  may  be  admitted  to  schools,  §  1662. 
Attending  school  out  of  district,  §  1617. 
Beginners,  teachers  for,  §  1687. 

Children  under  six  admitted  to  kindergartens,  §  1617. 
Deaf  children,  oral  system  of  teaching  for,  §  1618. 
Deaf  children,   separate   classes   for,   establishment  of. 

§  1618. 
Deaf  children,  saparate  schools  for,  age  of  admission, 

§  1662. 
Expulsion,  grounds  for,  §§  1685,  1686. 
Injuring  school  property,  liability  for,  §  1686. 


SCHOOLS,     XXII-XXV.  1327 

Must  comply  with  regulations,  §  1684. 
Physical  exercise,  §  1G68. 

Powers  of  board  in  admission  and  rejection,  §  1662. 
Right  of  to  drill  and  parade,  §  1942. 
Separate  schools  for  Indians  and  Chinese,  §  1662. 
Separate  schools  for  deaf  children,  §  1662. 
Suspension,  grounds  for,  §§  1685,  1686. 
Under   eight   not   to   be   kept   more   than    four   hours, 
§  1673. 

XXIII.  Studies  and    instruction;    daily   sessions;    exhibi- 

tions. 

Daily  sessions  not  to  exceed  six  hours,  §  1673. 
English  language,  schools  to  be  taught  in,  §  1664. 
Exhibition,  license  not  required,  §  3386. 
Instruction  to  be  given  in  manners  and  morals,  §  1667. 
Instruction  to  be  given  in  what  studies,  §  1874. 
Instruction  to  be  given  upon  nature  of  alcoholic  drinks 

and  narcotics,  §  1G67. 
Recitations,  restrictions  upon,  §  1665. 
Studies,  county  board  of  education  to  prescribe  course, 

§  1771. 
Studies,  instruction  may  be  authorized  in  what,  §  1666. 
Studies,  instruction  to    be    given    in    what    branches, 

§  1665. 
Studies,  sectarian  teaching  prohibited,  §  1672. 
Study,  amending  and  changing  course  of,  §  1663. 
Study,  course  of  in  high  schools,  §  1670. 
Study,  prescribing  course  of,  §  1663. 
Teacher  to  instruct  on  morals,  habits  and  citizenship, 

§  1702. 

XXIV.  School   month  and  year;   time  to  be  kept  open. 

School  month,  what  constitutes,  §  1697. 

School  time,  aggregate  of,  §  1619. 

School  year,  when  begins  an-d  ends,  §  1878. 

Schools   to    be   established   for   equal   length   of  time. 

§  1619. 
Schools  to  be  maintained  for  eight  months,  §  1621. 

XXV.  Funds. 

Amount  required,  how  estimated,  §  1817. 
Amount  to  be  raised,  §  1817. 
Apportionment  of,  manner  of,  §  1858. 
Apportionment  of  by  state  superintendent,  rules  gov- 
erning, §  1858. 
Apportionment  of  in  joint  districts,  §  1583. 


;8  SCHOOLS,    XXV,    XXVI. 

Apportionment  of,  manner  of,  §§  1532,  1858. 

Controller's  estimate  of  amount  necessary  to  raise 
seven   dollars   for   each   census   child,   §   443. 

Countv  superintendent  to  estimate  amount  required, 
§  1817. 

Deficiency,  retransfer  of  funds,  §  1858,  sub.  5. 

District  not  entitled  unless  teachers  have  legal  certifi- 
cates, §  1860. 

District  not  maintaining  school,  when  and  when  not 
entitled  to,  §  1859. 

For  what  purposes  may  be  used,  §  1622. 

Investment  of  funds  from  sale  of  school  lands,  §  680. 

No  fees  allowed  for  collection  of,  §  1857. 

Special  duties  of  controller  connected  with,  §  435. 

Special  fund  for  teachers'  salaries,  §  1818. 

Special  fund  for  teachers'  salaries,  deficiency  or  sur- 
plus in,  proceedings  in  case  of,  §  1818. 

Special  fund  for  teachers,  illegal  allowance  of  demand 
against,  penalty,   §   1818. 

Special  fund  for  teachers'  salaries,  statement  of  money 
used,  §  1818. 

State,  used  only  for  payment  of  what  salaries,  §  1861. 

Superintendent  of  public  instruction  to  apportion  state 
school  fund,  §  1532. 

Teachers'  salary  fund,  §  1818a. 

To  be  used  for  maintenance  of  eight  months'  school. 
§  1621. 

Unexpended  balance,  disposal  of,  §  1621. 

XXyi.     Bonds. 

Election  for,  ballots,  form  of,  §  1883. 

Election  for,  canvass  of  votes,  §  1883. 

Election  for,  certifving  favorable  result  to  supervisors, 

§  1884. 
Election  for,  how  conducted,  §  1883. 
Election  for,  issuance  by  school  district,  when  called, 

§  1880. 
Election  for,  notice  of,  posting  and  publishing,  §  1881. 
Election  for,  notice,  what  to  contain,  §  1882. 
Form  of,  §  1885. 
Interest  on,  §  1886. 
Limitation  on  amount  of,  §  1884. 
Notice  to  be  given   board  of  examiners  and  treasurer 

when  ready  to  be  soM,  §  681. 
Payment  and  cancellation  of,  manner  of,  §  1887. 
Proceedings,  validity  of,  §  1886. 


SCHOOLS,    XXVI,    XXVII.  1329 

Purchased   by   board   of   examiners,    deposit   with   and 

duty  of  treasurer,  §  682. 
Proceeds   of   sale  of  school   property   of  union   school 

district  to  be  applied,  §  1G74. 
Sale  of.  §  1886. 
Sale  of,  price,  §  1886. 
Supervisors,  when  to  issue,  §  1884. 

Tax,  failure  of  supervisors  to  levy,  proceedings,  §  1888. 
Tax,  proceeds  to  be  used  for  no  other  purpose,  §  1887. 
Tax,  rate  of,  §  1887. 
Tax,  when  to  be  levied,  §  1887. 

Unsold,    cancellation    of   and    proceedings   for,    §    1889. 
Validity  of,   §  1886. 
When    payable,    §    1885. 

XXVII.     Taxes. 

County  school  tax,   county  superintendent  to  estimate 

school  fund  required,  §  1817. 
County  school  tax,   duty  of  auditor  where  supervisors 

fail  to  make  levy,  §  1819. 
County  school  tax  fund,  how  computed,  §  1817. 
County  school  tax,  limit  on  rate  of  for  school  purposes, 

§    1817. 
County  school  tax,  maximum  and  minimum  rate,  §  1818. 
County  school  tax,  proceeds  of  to  be  paid  into  county 

school  fund,  §  1820. 
County  school  tax.  special  fund  of  payment  of  teachers' 

salaries,  §  1818a. 
County  school  tax,  supervisors  to  levy,  §  1818. 
District  school  tax,  election,  ballot,  form  of,  §  1834. 
District   school   tax,    election,    certificate   of   result    by 

officers,  §  1835. 
District   school    tax,    election    for     tax    for    additional 

school  facilities,  §  1830. 
District    school    tax,    election,    how    to    be     conducted, 

§  1833. 
District  school   tax,   election,   in  power  of  supervisors 

to  levy  tax,  §  1837. 
District  school  tax,  election,  notice  of,  posting  and  pub- 
lishing, §  1831. 
District   school  tax,   election,   notice  to   specify    what, 

§  1832. 
District  school  tax,   election,   trustees  to  report  result 

with  amount  to  supervisors,  §  1836. 
District  school  tax,  rate,  how  ascertained,  §  1837.  ■ 
District  school  tax,  rate,  maximum  and  minimum  rate, 

§  1839. 

Pol.   Code — 84 


1330    SCHOOLS.     XXVII-XXXI— SEALERS    OF    WEIGHTS.     ETC. 

District  school  tax,  return  of  money  where  school  not 

commenced,   §  1830. 
Poll  tax,  proceeds  of  paid  to  school  fund,  §  3861. 
Special  fund  for  teachers'  salaries,  §  1818. 
Tax:  See   Taxation,   XIV. 

XXVIII.  Official   journal. 
Official  journal  for,  §  1521. 

XXIX.  Buildings,  ventilation,  heating. 

Attention  to  be  given  to  temperature  and  ventilation 

of  schools,   §   1668. 
Buildings,    fire-escapes,     where    over    two     stories   in 

height,  §  1890. 
Houses,  location   and   change  of,   meeting  of  electors, 

§  1617. 
Schoolhouse,  superintendent  to  pass  upon  plans,  when, 

§  1543. 

XXX.  Offenses   against  school    law. 
Abusing  teacher  in  presence  of  class,  §  1867. 
Disturbing  public  school,  punishment  of,  §  1868. 
Disturbing    public     school    meeting,    punishment    of 

§  1868. 

XXXI.  Lost    or    destroyed    records    and    certificates. 

School  records,  restoration  of,  §  1696a. 
Teachers'  certificates,  restoration  of,  §  1892. 
SCHOOL  TRUSTEES:   See  Schools,  V. 
SCRIP,   officers   prohibited   from   purchasing,   §   923. 
SEAL.     Board  of  military  auditors,  seal  to  be  attached  to 
audited  account,  §  2093. 
Description  and  impression  to  be  filed  with  secretary 

of  state,  §  1026. 
Great  seal,  §  1027. 

Particular  officers:   See  Particular  Title. 
Secretary  of  State  to  affix  to  official  acts,  §  408. 
Secretary  of  State  to  file  descriptions  of  seals  of  state 

officers,  §  408. 
What  includes,   §   14. 
SEALERS  OF  WEIGHTS  AND  MEASURES,  county,  copies 
of  standards  to  be  compared,  sealed  and  marked, 
§  566, 
County,  county  clerks  are  ex-officio,  §  562. 
County,  fees  of,  §  567. 

County,   state    sealer   to   deposit    copies   of    standards 
with,  §  564. 


SEALERS  OF  WEIGHTS.    ETC.— SECRETARY  OF  STATE.    1331 

County,  to  keep  standards  of  weights  and  measures, 
§  563. 

State,  copies  of  standards  to  be  marked,  §  565. 

State,  device  inyjressed  on  copies  of  standards  to  be 
recorded,  §  565. 

State,  general  duties  of,  §  561, 

State,  Secretary  of  State  is  ex-officio  of  weigtits  and 
measures,  §  351. 

State,  to  deposit  copies  of  standards  with  county  seal- 
ers,   I    564. 

SECRETARY  OF  STATE,  additional  clerks  for,  §  422 1^. 

Appointments,  may  make  what,  §  415. 

Assistants,  what  may  appoint,  §  415. 

Attorney-general  to  give  opinion  in  writing  to,  §  470. 

Board  of  directors  of  state  prison,  member  of,  §  367. 

Board  of  examiners,  chairman  of.  in  absence  of  gov- 
ernor, §  654. 

Bonds  filed  with,  §  948. 

Bonds  to  be  filed  with  treasurer,  §  949. 

Bookkeeper,  salary  of,   §  419. 

Books  distributed  by,  ownership  of,  §  411. 

Books  distributed,  how  marked,  §  411. 

Bond  of,  §  423. 

Capitol,  superintendent  and  has  charge  of,  §  412. 

Clerks  and  assistants,  salaries  of,  §  420. 

Custody  has,  of  what  records,  §  407. 

Deputy,  Secretary  of  State,  salary,  §  418. 

Duties  of,  enumeration  of,  §  408. 

Duty  as  to  state  election  returns,  §  1290. 

Duty  of  relative  to  returns  for  representatives  in  Con- 
gress, §  1346. 

Election  of  mode  of  prescribed  by  constitution,  §  348. 

Elevator  attendant,  salary  of,  §  420. 

Engineer,  salary  of,  §  420. 

Ex-officio  state  sealer  of  weights  and  measures,  §  351. 

Expenses,  how  audited  and  paid,  §  414. 

Fees  not  to  be  charged  legislators  or  officers,  §  416. 

Fees  of,  §  416. 

Fees,  payment  into  state  treasury,  §  416. 

Fees,  portion  of  collected  by,  constitute  state  library 
fund,  §  416. 

Fireman,  salary  of,   §   420. 

Fuel,  light  and  stationery.  Secretary  of  State  to 
furnish  for  whom,  §  413. 

Fuel,  lights  and  stationery,  to  furnish  for  whom,  §  413. 

Janitor  and  janitor's  clerks,  salary  of,  §  420. 


SECRETARY    OF    STATE. 

Keeper  of  archives,  salary  of,  §  420. 

Legislative     laws,      journals     and     resolutions,      How 

distributed,  §  409. 
OflBcers,  what  may  appoint,  §  415. 
Must  be    notified    of   qualifications   of    notary   public, 

§  800. 
Must  supply  paper  on  application,  §  1196. 
Paper  for  election   tickets,   §   1188. 
Porter  of,  salary  of,  §  420. 
Porter  of  capitol  building,  salary  of,  §  420. 
Printed  bill,  signed  by  governor,  deposited  with,  §  528. 
Printed  copies  of  laws,  distribution  and  sale  of,  §  528. 
Printed  copies  of  laws  to  be  deposited  with,  §  528. 
Printing  and    distributing   constitutional    amendments, 

§  1195. 
Qualification    of   commissioners   of     deeds    filed    with, 

§  814. 
Recording  clerk  of,  salary  of.  §  420. 
Report  of,  §  408. 

Resignation,  to  whom  made,  §  995. 
Resignations,  certain  made  to,  §  995. 
Returns  of  presidential  electors,  §  1313. 
Returns  of  representatives,    §    1346. 
Sacramento,  to  reside  and  keep  offices  at,  §  852. 
Salary  of,   §    417. 
State    board   of    capitol    commissioners,    member   of, 

§  366. 
State  board  of  examiners,  member  of,  §  364. 
State  board  of  lunacy,  member  of,   §   2131. 
State  commission   in   lunacy,    to   furnish   offices   to   in 

state  capitol,  §  2138. 
State  printer  to   file  proposals,   contracts,  bonds,   etc., 

with,   §   526. 
Statistician,  salary  of,  §  420. 
Supreme  court  reports,  how  distributed,  §  410. 
Supreme  court   reports,   purchase  and   distribution   of, 

by,  §  781. 
To    transmit    to     commissioners    of    deeds   copies   of 

certain  laws,    §   817. 
Trade  mark,  fee  for  filing,  §  3198. 
Trade  mark,  filing  with,  §  3197. 
Trade  marks,  to  keep  public  record  of,  §  3198. 
Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
Watchman,  salary  of,  §  420. 
Watchmen  have  power  of  peace  officers,  §  421. 
Watchmen,  salaries  how  paid,  §  421. 


SECRETARY    OF    SUPREME     COURT— SHERIFF.  1333 

SECRETARY  OF  SUPREME  COURT,  salary  of,  §  739. 
SENATE:   See  Legislature. 

SENATORS,   UNITED  STATES,    election,    when  for    full 
term,   §   1332. 
Election  to  fill  vacancies.  §  1333. 
SEPULTURE:   See  Cemeteries. 
SERGEANT-AT-ARMS,  assistant,  duties,  §  260. 
Compensation,  §  268. 
How  elected,  §  247. 
May  arrest  witness,  §  303. 
Of  senate  and  assemly,  §  237. 
Of  senate  and  assembly,  duties,  §  259. 
To  serve  notice  when  election  contested,  §  290. 
SERVICE,   actual:   See   National   Guard,   XXXIV. 
Of  persons  may  be  required  by  state,  §  37. 
Notice  of  contested  election,  §  276. 
Process  on  foreign  corporations,  §  616. 
Process  by  sheriff,  §§  4176,  4187. 
Process  by  coroner,  §  4191. 
Process  by  elisor,  §  4192. 
Process  by  constable,  §  4314. 
SESSIONS,   school:   See   Schools,  XXIII,  XXIV. 
SEWERS  extending  along  water  front  of  San  Diego,  §  2580. 
Extension  of  sewers  across  street    along    water    front 
in  San  Francisco,  §  2525. 
SETTLEMENTS,    collection   of   taxes,   on:   See    Taxation, 

IX,  11. 
SHASTA  COUNTY  boundaries  and  county  seat,  §  3911. 
Fees  of  district  attorney  in,  p.  1043,  Stats. 
Legal   distance   from   county   seat  of  to   Sacramento, 

§  194. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SHERIFF.     Auctioneer,  sheriff  is  ex-officio  when,  §  3291. 
Badges  for   sheriffs   and    deputies,    supervisors   to   fur- 
nish, p.  1109,  Stats. 
Bonds  of,  §  4122. 
Compensation  and  expenses,    what    a    county    charge, 

§  4344. 
Compensation  for  conveying  prisoners  and  insane  pa- 
tients, p.  1109,  Stats. 
Consolidating  ofiices  of  sheriff  and  tax  collector,  §  4106. 
Coroner   when  to  act  as,  §  4290. 

43 


County  officer,  is,  §  4103. 

Courts  of  inquiry,  fees  for  service  of  process,  etc., 
§  2084. 

Courts  of  inquiry,  to  serve  orders,  process,  etc.,  §  2084. 

Crier  of  court,  duty  to  act  as,  §  4188. 

Damages  for  refusing  to  pay  over  money,  §  4181. 

Directions  to  do  not  exonerate  unless  written,  §  4185. 

Duties  of,  enumerated,  §  4176. 

Duties  required  by  law,  sheriff  to  perform,  §  4193. 

Election  of,  mode  of,  where  prescribed,  §  830. 

Elisor,  court  may  appoint  when,  §  4192. 

Escape,  no  action  for  after  return  or  recapture,  §  4184. 

Escape  of  person  arrested  in  civil  action,  liability, 
§  4182. 

Execution,  neglect  of  sheriff  to  levy  or  sell  under,  lia- 
bility, §  4180. 

Failure  to  pay  over  money,  office  becomes  vacant, 
when,  §  4186. 

Floating  lumber,  when  turned  over  to,  §  2391. 

Insane   persons,   delivering  to   asylum,    §   2172. 

Law,  cannot  have  partner  practicing,  §  4121. 

Law,  cannot  practice,  §  4121. 

Neglect  of  sheriff  to  pay  over  money,  damages,  §  4181. 

Notice,  defined,  §  4175. 

Notice,  how  returnable  to  another  county,  §  4177. 

Oaths,  may  administer,  §  4118. 

Office  hours,  §  4116. 

Office  to  be  kept  at  county  seat,  §  4116. 

Orders,  justification  of  sheriff  under,  §  4187. 

Orders  regular  on  their  face,  duty  to  execute,  §  4187. 

Posse  comitatus,  exemption  of  members  of  National 
Guard  from  service  on,  §  2098. 

Powers  and  duties  as  to  intrusion  on  public  land,  §  42. 

process  defined,  §  4175. 

Process,  duty  of  sheriff  to  exhibit,  §  4188. 

Process,  how  returnable  to  another  county,  §  4177. 

Process,  justification  of  sheriff  under,  §  4187. 

Process  regular  on  its  face,  duty  to  execute,  §  4187. 

Removal  of  intruders  on  public  lands  of  state,  §  42. 

Rescue,  no  action  for  after  return  or  recapture,  §  4184. 

Rescue  or  person  arrested  in  civil  action,  liability  for, 
§  4183.  ' 

Reside  at  county  seat,  §  4119. 

Return,  evidence,  §  4178. 


SHERIFF— SOLDIERS.  1335 

Return,  failure  of  sheriff  to  make  without  delay,  pen- 
alty,  §   4179. 
Return  of  prima  facie  evidence,  §  4178. 
Service  of  papers  on,  how  made,  §  4190. 
Service,  coroner  to  make  where  sheriff  a  party,  §  4191. 
Supervisors  may  require  services  of,  §  4047. 
Surety,  cannot  act  as,  §  955. 
Tax  collector,   sheriff  is  ex-officio    in    what    counties, 

§  4105. 
Wrecks   and   wrecked    property,    duty    in    regard    to, 

§  2403. 
Wrecked  property,  salvage  on,  §  2404. 
Wrecked  property,  possession  of,  §  2406. 
Wrecked  property,  notice  of,  §  2417. 
SHIPPING.    Vessel  includes  what,   §   17. 

Wrecks,   §§   2403-2418.     See  Wrecks. 
SHORTHAND    REPORTERS:   See    Supreme    Court. 
SIDEWALKS    on    highway,    subject   to   what   restrictions, 
§  2632. 
Trespass  on,  penalty,   §  2632. 
SIERRA  COUNTY  boundaries  and  county  seat,  §  3921. 
Legal  distance  from   county   seat    of    to    Sacramento, 

§  195! 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SIGNAL  CORPS:    See  National  Guard,  XXIII. 
SIGNATURE  includes  mark,  §  17. 

Of  ex-officio  officers,  §  1031. 
SINGULAR  includes  plural,  §  17. 

Plural  includes,  §  17. 
SISKIYOU   COUNTY.    Act  concerning  marks  and  brands 
in  Siskiyou  County  continued  in  force,  §  19. 
Act  concerning  trout  in  Siskiyou  County  continued  in 

force,  §  19. 
Boundaries  and  county  seat,  §  3913. 
Legal  distance   from   county   seat    of    to    Sacramento, 
§  196. 
SOLANO  COUNTY  boundaries  and  county  seat,  §  3956. 
Legal   distance  from   county   seat    of    to    Sacramento, 

§  197. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SOLDIERS  exempt  from  license  tax,  §  3366. 


1336        '  SONOMA    COUNTY— STANISLAUS    COUNTY. 

SONOMA  COUNTY  boundaries  and  county  seat,  §  3955. 
Legal    distance    from    county    seat   of   to    Sacramento, 

§  198. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SONOMA   CREEK.     Act  to  prevent  destruction  of  fish  in 
Sonoma  Creek  continued  in  force,  §  19. 
Toll  bridge  not  permitted  over,  §  2872. 

SOVEREIGNTY.    All  property  without  owner  belongs   to 
people,   §   41. 
Resides  in  people,  §  30. 

Rights  of  state  over  persons  enumerated,  §  37. 
State,  of,  none  over  places  ceded  to  United  States,  §  33. 
State,  of,  territorial  extent  of,  §  33. 
SPEAKER  OF  ASSEMBLY,  compensation,  §  267. 
Ex-officio  regent  of  university,  §  353. 
How  elected,  §  247. 
Legislative  bills  indorsed  by,  §  311. 
May  administer  oaths,  §  252. 
May  issue  subpoena,  §  300. 
Pro  tem.,  how  elected,  §  247. 
SPECIAL  COUNSEL,  attorney-general  may  appoint  where 
district  attorney  disqualified,  §  472. 
Escheat   proceedings,    employment,   powers    and    com- 
pensation, §  474. 
Limitation  on  power    of    attorney-general    to    appoint, 

§  472. 
No  payments  to  be  made  to,  §  472. 
State  officers  cannot  employ,  §  472. 
SPECIAL   ELECTIONS:   See  Elections,  XIV. 
SPECIFIC   PERFORMANCE,    Enforcement  of  contract  to 
sell  realty,  affected  by  lien  of  judgment  on  bond, 
§  987. 
STAFF,  officers  of:     See  National  Guard,  XIV. 
STANFORD   UNIVERSITY,    state    librarian    to    distribute 

state  publications  to,  §  2295. 
STANISLAUS    COUNTY,    boundaries    and    county    seat, 
§  3933. 
Legal    distance    from    county    seat  of  to  Sacramento, 

§  199. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 


STATE— STATE    BOARD    OF    EXAMINERS.  1237 

STATE:   See  Jurisdiction. 

Absence  from  vacates  office,  when,  §  996. 

Absence  of  county  office  from  state,  §  4120. 

Absence  of  officer  from:  See  Offices  and  Officers. 

Acts  funding  debt  of  preserved,  §  19. 

Acts  relating  to  suits  against,  p.  1110. 

Allegiance,  definition  of,  §  55. 

Allegiance  may  be  renounced  by  change  of  residence. 
§  56. 

All  persons  within,  entitled  to  protection,  §  54. 

All  persons  within,  subject  to  jurisdiction  of,  §  54. 

All  property  without  owner  belongs  to  people,  §  41. 

Bonds  of  board  of  examiners  may  purchase  at  sale  of, 
§  683. 

Citizens  of,  who  are,  §  51. 

Claims  against  by  counties,  act  authorizing  settlement 
of,  p.  1110. 

Claims  against  under  act  relating  to  drainage,  p.  1111, 
Stats. 

Claims  against:    See  Board  of  Examiners. 

Conveyances    to,    secretary    of   state    to    keep    register 
of,  §  408. 

Counties,  division  of  state  into,  §  3902. 

Ceasing  to  be  inhabitant,  of  vacates  office,  §  996, 

Divided  into  counties,   §  75. 

Escheat:  See  Escheat. 

Gift,   bequest  or   devise,    may   take  by   for  university, 
§  1415. 

Includes  what,  §  17. 

Persons  in  not  citizens,  of  whom  composed,  §  57. 

Power  of  officers  to  absent  themselves  from,  §  853. 

Preference  given  to  goods  of  local  manufacture,  §  3247. 

Property,  original  and  ultimate  title  to,  is  in,  §  40. 

Rights  of  over  persons  enumerated,  §  37. 

Seat  of  government  is  at  Sacramento,  §  145. 

Sovereignty  resides  in  people,  §  80. 

Taxation,  may  acquire  property  by,  §  43. 
STATE  ANALYST,   appointment,    powers  and    duties    of, 

p.  1111,  Stats. 
STATE   BOARD  OF  AGRICULTURE:   See  Agriculture. 
STATE  BOARD  OF  EDUCATION:   See  Schools. 
STATE  BOARD  OF  EQUALIZATION:  See  Taxation,  VI,  1. 
STATE   BOARD  OF  EXAMINERS:   See    Board  of    Exam- 
iners. 


1338  STATE    BOARD    OF    HEALTH— STATE    LIBRARY. 

STATE  BOARD  OF  HEALTH:    See  Health. 
STATE  BURYING  GROUNDS:    See  Burying  Grounds. 
Governor  appoints  directors  of,  §  368. 
Title  to  is  in  people  of  state,  §  3596. 
Trustees  of,  duties  of,  where  prescribed,  §  714. 
Trustees  of,  powers  of,  §  3597. 
Trustees  of,  term  of  office,  §  369. 
Who  may  be  interred  in,  §  3596. 
STATE  CAPITOL:    See  Capitol. 
STATE   CONTROLLER:   See  Controller. 
STATE  DEBT:    See  Public  Debt, 
STATE  GEOLOGIST:    See  Geologist. 
STATE  HOSPITALS:   See  Insane  Asylums, 
STATE  LANDS:    See  Public  Lands. 

STATE  LIBRARY  books,  duty  of  controller  and  librarian 
when  books  not  returned,  §  2298. 
Books,  injuries  to  or  failure  to  return,  liability,  §  2299. 
Books,  legislators  and  state  officers  may  take,  §  2296. 
Books   taken    by    legislators,   when    to    be    returned, 

§  2297. 
Books  taken    by    legislators,  withholding    salary  until 

return  of,  §  2297. 
Fees   collected   by   secretary   of   state   constitute  fund, 

§  416. 
.Fuel,  lights  and  stationery,  secretary  of  state  to  fur- 
nish for,  §  413. 
Fund,  fees  for  filing  trade  marks  to  be  paid  to,  §  3198. 
Fund,  of  what  consists,  §  2300. 

Librarian  and  deputies,  code  provisions  governing  ap- 
pointment, §  356. 
Librarian,  appointment  of,  §  2294. 
Librarian,  bond  of,  §  2304. 
Librarian,  deputy,  salary  of,  §  2303. 
Librarian,  duties  of,  §  2295. 
Librarian,     powers     and     duties,    where     prescribed, 

§  710. 
Librarian,  salary  of,  §  2302. 
Librarian,  term  of  office,  §  2294. 
Time  to  be  kept  open,  §  2301. 
Trustees,  appointment  and  term  of  office,  §  2292. 
Trustees,   appointment   of,   code   provisions   governing, 

§  356. 
Trustees,  number  of,  §  2292. 
•  Trustees,  powers  and  duties  of,  §  2293, 


STATE    LIBRARY— STATE    PRINTER.  1339 

Trustees,  powers  and  duties,  where  prescribed,  §  710. 

Trustees,  report  of,  §  2293. 

Trustees,  under  control  of  board  of,  §  2292. 

Trustees,     vacancies,    appointments     to    fill,   term     of, 

§  2292. 
STATE   PRINTER.     Account  of  moneys  expended  out  of 

continsrent  fund,  §  536. 
All  reports,  etc.,  by  officers  to  be  printed,  §  540. 
All  state  printing  to  be  done  by,  §§  538,  540. 
Appropriation  for  contingent  expenses,  .§  536. 
Appropriation  for  repairing  and  purchasing  machinery, 

§  535. 
Binding,  folding  and  printing  to  be  done  in  Sacramento, 

§  533. 
Binding,   folding  and  stitching,  advertising    bids    and 

contracts  for,  §  533. 
Binding,  ruling,  folding  and  stitching  to  be  under  su- 
perintendence of,  §  533. 
Binding,  ruling,  etc.,  price  of,  to  fix.  §  540. 
Binding  and  printing  for  state,  duty  as  to,  §  1877. 
Bond  of,  §  530. 

Charts,  maps,  diagrams,  etc.,  §  538. 
Compensation  of  employees,  §  531. 
Deputy,  may  appoint,  §  534. 
Deputy,  salary  of.  §  534. 
Election,  place  and  manner  of,  §  530. 
Election,  time  of,  §§  349,  530. 
Engraving  and  lithographing,  §  538. 
Engross  bills,  state  printer  to,  §  539. 
Enroll  bills,  to,  §  539. 
Fund,  all  expenses  to  be  paid  from,  §  540. 
Fund,  state  printing,  of  what  consists,  §  540. 
Funds,  unexpended,  how  appropriated,  §  537. 
General  duties  of,  enumeration  of,  §  526. 
General  powers,  duties  and  liabilities,  §  531. 
Journals   and   appendixes,   indexing    and    binding    of, 

§  528. 
Journals  and  appendixes,  printing  of,  §  528. 
Laws,  indexing  and  binding  of,  §  528. 
Laws,  printing  and  distribution  of,  §  528. 
Manner    of    printing    laws,    journals,    messages,    etc., 

§  529. 
Notice  that  law  signed  sent  to,  §  528. 
Numljer  of  documents  printed,  §  527. 
Paper,  bids  and  contracts  for,  §  532. 


1340  STATE    PRINTER— STATUTES. 

Paper,  how  supplied,  §  532. 

Price  of  printing,  to  determine,  §  540. 

Printing   expert    to    examine    into     accounts,    etc.,    of, 
§  679. 

Qualifications  of,  §  530. 

Report  of,  §  531. 

Reports,  governor  to  deliver,  §  380. 

Reports  of  officers  to  be  printed  at  expense  of  appro- 
priation, §  540. 

Reports  of  officers,  to  render  bill  for  printing,  binding, 
etc.,  §  540. 

Reports  of  supreme  court  opinions,  when  to  print  and 
bind,  §  782. 

Reports,  when  to  print,  §  334. 

Sacramento,  to  reside  and  keep  offices  at,  §  852. 

Salaries,  how  paid,  §  534. 

Salary  of,  §  534. 

School  printing  and  binding,  §  1877. 

Secretary  of  state,  to  deliver  to,  index  of  laws,  resolu- 
tions, journals,  etc.,  §  408. 

State  school  books,  to  have  supervision  of  mechanical 
work  connected  with,  §  1874. 

Statutes,  number  of  to  be  printed,  §  528. 

Term  of  office,  §§  349,  530. 

Text-books,  duty  in  regard  to,  §  1877. 

Wages  and  salaries,  how  paid  where  general  fund  ex- 
hausted, §  537. 
STATE  PRISON:   See  Prisons. 

Board  of  directors  of,  of  whom  consists,  §  367. 

Branch,  acts  relating  to  continued  in  force,  §  19. 

Directors    of,    powers    and    duties,    where    prescribed, 
§  711. 

Governor  to  keep  record  of  inmates,  §  382. 

Law  governing  control  and  management,  §  2328. 

Lieutenant-governor  is  warden  of,  §  367. 
STATE  SEALER  OF  WEIGHTS    AND    MEASURES:    See 
Sealer  of  Weights  and  Measures. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

See    Schools,    L 

STATE  TREASURER:   See  Treasurer  of  State. 

STATE  UNIVERSITY:   See  University  of  California. 

STATUTES:   See  Legislature. 

Amendment,  effect  of,  §  325.  • 

Amendment  of  section  of  act  repealed  void,  §  330. 


STATUTES— STREAMS.  1341 

Code  does  not  affect  private,  §  18. 

Code,  effect  of  on  statutes,  §§5,  18.     See  Codes;  Taxa- 
tion, II. 

Construction   of,   rules   governing,   §   326. 

Continued  in  force,   act  authorizing  cities  to   execute 
certain  trusts,   §   4442. 

Continued  in  force,  act  autliorizing  county  judges  to 
execute  certain  trusts,  §  4442. 

Continued  in  force,  enumeration  of,  §  19. 

Enactment,  appropriation  bill,  approval  and  rejection 
in  part,  §  .310. 

Enactment,  appropriation  bill,  proceedings  where  re- 
jected in  part,  §  310. 

Enactment,  approval  of  bill,  proceedings  on,  §  310. 

Enactment,  bill  received  by  governor  to  be  indorsed 
by   private   secretary,   §   309. 

Enactment,  proceedings  where  bill  remains  with  gov- 
ernor more  than  ten  days,  §  313. 

Enactment,      proceedings      where      disapproved       bill 
passed    over   veto,    §    311. 

EInactment,    return    of    bill    without    approval    when 
houses   not   in   session,   §   312. 

English,  to  be  printed  in,  §  528. 

Fees,  acts  relating  to  continued  in  force,  §  4331. 

Number  of  to  be  printed,  §  528. 

Printed  copies,  distribution  and  sale  of  by  secretary 
of  state,   §   528. 

Printed  copies  of  laws  to  be  deposited  with  secretary 
of  state,   §   528. 

Publication  and  distribution  of  statutes,  provisions  for, 
§  318. 

Repeal  of,   §§   327-329. 

Repeal,  amendment  of  section  of  repealed  act  void, 
§  330. 

Repeal  by  code  does  not  revive  former  law,  §  18. 

Repeal  of  law  creating  criminal  offense,  effect  of,  §  329. 

Repeal  of  repealing  act  does  not  revive  statute,  §  328. 

Repeal  of,  right  of.  §  327. 

Repeal  of,  rights  of  persons  acting  under,  §  327. 

Salaries,  acts  relating  to  continued  in  force,  §  4331. 

Taxation,  statute  relating  to:   See  Taxation,  II. 

Time  of  taking  effect,  §  323. 
STOCK.    Act  to  protect  stockraisers  in  certain  counties 

continued  in  force,  §  19. 
STREAMS:  See  Waters. 


1342  STREET    RAILWAYS— SUPERINTENDENT. 

STREET   RAILWAYS,  hours  of  labor  on.  §§  3246,  3250. 
STREETS  are  highways,  §  2618. 

Assessments  for  improving,  jurisdiction  of  police  court 

over  action,   §   4427. 
Authority    to    lay     gas     and     water    mains,     granting, 

§§   4410,   4411.   4413. 
Carcasses,  refuse  or  waste  matter,  depositing,  a  mis- 
demeanor, §  2737. 
Condemning  private    property    for  streets    or  alleys, 

§  4372. 
Extension   of  along  water    front   in    San    Francisco, 

§    2525. 
Extending  along  water  front  of  San  Diego,  §  2580. 
Gas  pipes  laid  in,  §§  4410,  4411. 
Improvements,   making   of,   §   4409. 
Maps   of   changes   in   streets   on   water   front   of   San 

Francisco,  §  2538. 
Not  permitted   through    grounds   of    state    hospitals, 
§  2146. 
STUDIES:   See  Schools,  XXIII. 
SUBPOENAS,  assessor  may  issue,  §  3632. 
County  boards  of  equalization,  §  3676. 
Issued  by  courts-martial,  how  served,   §  2084. 
Issued  by  insurance  commissioner,  §  599. 
Issued  by  justices  '■•f  the  peace,  when,  §  277. 
Issued  by  what  officer  of  the  legislature,  §  300. 
Legislature:   See    Legislature. 
Person   served   must   obey,    §    3697. 
Refusing  to  obey,  §§  302,  303. 
Requirements,  §  300. 
Service,  §  301. 

State  board  of  equalization,  §  3692. 
Supervisors  may  issue,  §  4067. 
SUBSCRIPTION    includes  marks,   §   17. 
SUISUN  BAY,  toll  bridge  not  permitted  over,  §  2872.         v 
SUMMONS,   foreign   insurance    company,    name   of   agent 
upon   whom   may   he   served,   §   633. 
Service  in  action  on  reclamation  assessments,  §  3466. 
Stipulation    for    service    ou    insurance    commissioner 
where  foreign  insurance  company  without  agent, 
§  633. 
SUNDAYS,  holidays  falling  on,  §§  10,  11. 

Holidays,  are,  §  10. 
SUPERINTENDENT,  city:  See  Schools,  IH. 


SUPERINTENDENT— SUPERVISORS.  1343 

County:  See  Schools,  II. 

Insane  asylums:   See  Insane  Asylums,  VII,  VIII. 
State     superintendent     of      public     instruction:      See 
Schools,    I. 

SUPERIOR  JUDGES,  bonds  of    county    and  township    offi- 
cers, to  approve,  §  950. 

Chambers  to  be  at  county  seat,  §  4116. 

Duties  of,  generally,  §  4134. 

Oath,  copy  of  to  be  filed  with  secretary  of  state,  §  909. 

Rules  and  hours  for  official  business,  §  4116. 

Salaries    of,    §§    737,    738. 

Salaries  of  judges  not  enumerated,  §  738. 

Salaries,  proportions  paid  by  state  and  county,  §§  737, 
738. 
SUPERVISORS.     Bridges:   See  Bridges. 

City,    supervisors    of:   See    Common    Council. 

Code  provisions  do  not  apply  to  San  Francisco,  §  4087. 

Common  council:   See  Common  Council. 

District   attorney   is   legal   adviser  of,   §   4257. 

Health    regulations:   See    Health. 

Highways:    See  Highways. 

Soliciting  candidate,  punishment  of,  p.  1102,  Stats. 

Nature  and  term  of  office;  number  of;  bonds  and  quali- 
fications;   vacancy    in    board. 

Bonds  of,  §  4122. 

County  officers,  are,  §  4103. 

Increase  or  decrease  of,  redistricting  and  elections, 
§    4025. 

Number  of,  §  4022. 

Qualifications  of,  §  4023. 

Term  of  office,   how  computed,   §   4109. 

Vacancies,    how    filled,    §    4026. 

Officers   and   clerks  of;    books   and    records. 
Books,  records  and  accounts  open  to  inspection,  §  4035. 
Books,  records  and  accounts  to  be  kept  at  office,  §  403;"). 
Books  to  be  kept  by,  §  4031. 
Chairman,  permanent  and  temporary,  §  4028. 
Clerk  of,  clerk  of  county  is  ex-officio,  §  4029. 
Clerk  of,  compensation  of,  §  4029. 
Clerk  of,  duties  of  enumerated,  §  4030. 
Military  roll,  clerk  to  deliver  certified  copy  to  briga- 
dier-general,   §    1900. 
Records,  by  whom  to  be  signed,  §  4029. 


U  SUPERVISORS. 

Meetings. 

Additional  regular  meetings.  §  4033. 

Additional    regular   meetings,    only    business   specified 

to    be    transacted,    §    4033. 
Fixed  time  of  holding,  §   4032. 
Other  than   fixed   meetings,    §   4032. 
Special,    §    4034. 
Special,    only    business    specified   to    be   transacted,    § 

4034. 
To  be  open,  §  4035. 

Indebtedness;  bonds;  taxes;   licenses. 

Bonds  to  refund  county  indebtedness,  redemption  of, 
§   4051. 

Bonds  to  refund  indebtedness,  custody,  disposal  and 
account  of,   §    4049. 

Bonds  to  refund  indebtedness,  tax  levy  to  meet,  §  4050. 

Bonds  to  refund  indebtedness  to  be  delivered  to  treas- 
urer,  §    4049. 

Debt,  refunding  of  county  and  issuing  bonds,   §  4048. 

Debt,  limitation  on  power  to  contract,  §  4070. 

Licenses:   See  Licenses. 

Licenses,    power    to    impose,    §    4045. 

Tax  for  school  bonds,  failure  to  levy,  procedings  on, 
§   1888. 

Taxes   illegally   collected,   refunding,    §    3804. 

Tax  to  pay  bonds,  proceedings  on  failure  to  levy 
§  4052. 

Contracts. 

How  entered  into  and  to  whom  let,  §  4047. 
Not  to  be  interested  in  what,  §  4077. 
Of  supervisors  of  city:   See  Common  Council. 
What  supplies  to  be  provided  by,  §  4047. 

Claims   against;    payment;    warrants. 
Accounts  for  county  charges  to  be  presented  to,  §  4343. 
Claim,  action  on,  §  4075. 
Claim,  how  presented,  §  4072. 
Claim  must  be  presented    one    day    prior    to    session, 

§  4073. 
Claim  of  supervisors,  how  presented,   §  4082. 
Claim,  partial  allowance,  §  4074. 
Claim,  rejected  when,  §  4074. 
Claim,  time  to  present,  §  4072. 


SUPERVISORS.  13« 

District  attorney  to  attend  and  oppose  unjust  claims, 

§  4257. 
District  attorney  to  recover  or  enjoin  illegal  payments 

by,  „  4002. 
Warrants,   may  order  payment  of    moneys    on    hand, 

§  4152. 
Warrants,  order  of  payment  and  registration,  §  4076. 
Warrants,  what  to  specify,  §  4076. 

Powers,  duties,  and  liabilities. 

Acts   empowering   supervisors    to     aid     railroads    con- 
tinued  in  force,   §   19. 

Application  for  franchise,  transfer  of  where  supervisors 
interested,  §  4078. 

Assessor,  requiring  to  make    report    to    surveyor-gen- 
eral, §  4081. 

Auctions,  may  designate  places  of  holding,  §  3304. 

Cemeteries,    may    exercise    jurisdiction     and      control 
over,  §  3110. 

City,  supervisors  of:   See  Common  Council. 

Compensation  of  as  road  commissioner,  §  2641. 

Donations    or    grants    of    land,    receiving    and    using, 
§  4084. 

Donations  or  grants  to,  sale  of  and  application  of  pro- 
ceeds, §  4084. 

Election,  certificate  of,  duty  to  issue,  §  4065. 

Elections,   to   provide   appliances   for   holding   and   al- 
low expenses,   §  4064. 

Fire  department,   act  authorizing  council    to    increase 
efficiency  of,  p.  1087,  Stats. 

Funds,    supervisors   authorized   to   transfer  certain,   p. 
1113,   Stats. 

Highways,     powers    and    duties    in    relation  to:     See 
Highways,  IV. 

Neglect,     misconduct    or    wrong    of,    punishment    of, 
§  4086. 

Notices,  public,  of  proceedings,  posting  of,  §  4079. 

Oaths,   members   may  administer,   §§   4028,   4118. 

Officers,  what  may  consolidate,  §  4106. 

Planting  and  cultivation  of  shade  trees,  §  4080. 

Power,  general  permanent  powers  enumerated,  §  4046. 

Power  to  direct  sheriff  to  attend  meetings,  serve  no- 
tices, etc.,  §  4047. 

Power   to   punish   for    contempt   and    preserve    order, 
§   4047. 
Pol.    Code — 85 


1346  SUPERVISORS— SUPREME    COURT    LIBRARY. 

Recorder,   to   provide   additional   clerical  force,    when, 

§  3678. 
Streams  not  navigable,  power  to  improve  and  regulate, 

§   4085. 
Surety,  cannot  act  as,  §  955. 

Taxation,  powers  and  duties  in  relation  to:   See  Taxa- 
tion, X,  6. 
To  encourage  planting  of  shade  and  ornamental  trees, 

§  4080. 
Transfer  of  application  where    supervisors    interested, 

§  4078. 
Treasurer,  may  suspend,  §  4162. 
Vacancies,    appointments    to    be    made  on  petition  of 

electors,  §  4066. 
Vacancies  in  office,  what  to  fill,  §  4115. 

Witnesses  and  subpoenas. 

Duty  to  attend  before,  §  4068. 

No  fees  paid  for  service  of  subpoena  or  attendance, 
§  4069. 

Punishment  for  disobedience,   §  4068. 

Subpoenas,  power  to  issue,  §  4067. 
SUPREME  COURT  bailiff,  appointment,  powers  and  duties, 
where   prescribed,   §   828. 

Bailiffs'  salaries,  §  739. 

Clerk  of:   See  Clerk  of  Supreme  Court. 

Decisions  of:   See  Reporter  of  Supreme  Court. 

Fuel,  lights  and  stationery,  secretary  of  state  to  fur- 
nish for,  §  413. 

Librarian,  salary  of,  §  739. 

Phonographic  reporters,  duties  of,  §  770. 

Phonographic  reporters  hold  during  pleasure,  §  769. 

Phonographic  reporters,  salaries  of,  §  739. 

Phonographic  reporters,  two,  may  appoint,  §  769. 

Reporter  of  decisions,  salary  of,  §  739. 

Reports  of  decisions:   See  Reporter  of  Supreme  Court. 

Reports  of  decisions,  bound  volumes,  how  distributed, 
§  410. 

Secretary,  appointment,  powers  and  duties,  where  pre- 
scribed, §  828. 

Secretaries,  salaries  of,  §  739. 
SUPREME  COURT  LIBRARY,  fuel,  lights  and  stationery, 
secretary  of  state  to  furnish  for,  §  413. 

Fund,  how  drawn  on,  §  2316. 

Fund,  what  constitutes,  §§  753,  2316. 


SUPREME    COURT     LIBRARY— SURETYSHIP.  1347 

Is  for  use  of  judges  and  attorneys  of  supreme  court, 

§  2313. 
Librarian,    code    provisions    governing     appointment, 

§  356. 
Librarian,  duties  of,  §  2314. 

Librarian,  powers  and  duties,  where  prescribed,  §  710. 
Librarian,  salary  of,  §§  739,  2314. 
Librarian,  who  to  appoint,  §  2314. 
Who  may  take  boolts  from,  §  2315. 
Who  may  use,   §  2313. 

SUPREME    JUDGES,    Sacramento,    to     reside     and     keep 
officers  at.  §  852. 
Salaries  of,  §  736. 

SURETYSHIP  actions,  judgment  no  bar  to  subsequent 
suits,  §  962. 

Actions  lie  against  any  or  all  sureties,  §  956. 

Actions  lie  both  on  original  and  additional  bonds, 
§  967. 

Actions,  separate  judgments,  but  one  satisfaction, 
§  968. 

Actions,  separate  judgments,  separate  executions  may 
issue,  §  968. 

Actions,  successive,  may  be  brought,  §  962. 

Actions,  who  may  sue  on  bond,  §  961. 

Additional   security   where  sureties  insufficient,   §   964. 

Breaches  of  bond,  for  what  liable,  §§  959,  960. 

Contribution  between  sureties,  §  956. 

Contribution  between  sureties  on  original  and  addi- 
tional bonds,  §  969. 

Corporation  may  act  as  surety,  solely  or  with  others, 
,     §  956. 

Corporation,  what  may  act  as,  §  955. 

Defects  in  form,  approval,  filing,  etc.,  effect  on  sure- 
ties, §  963. 

Discharge  of  sureties,  how  accomplished,  §  970. 

Insufficiency  of  surety,  supplemental  bond,  §§  976,  978. 

Joint  and  several  liability,  §  956. 

Judgment  may  be  entered  against  sureties,  jointly  or 
severally,  §  956. 

Judgment  not  to  be  for  greater  amount  than  surety 
bound  for,  §  956. 

Justification  of  sureties,  §  955. 

Liability  of  sureties,  §§  959,  960. 

Liability  of  sureties  on  additional  bonds,   §§  965,  967. 

Liability  of  sureties  on  new  bonds,  §  970. 


1348  SURETYSHIP— SURVEYOR,    COUNTY. 

Liability  of  sureties  on  old    bond    where    new    bond 
given,  §  970. 

Obligations  of  sureties  as  to  duties  required  by  new 
statutes,  §  960. 

Officers,  what  cannot  act  as  sureties,  §  955. 

Parties,  who  may  sue  on  bond,  §  961. 

Qualifications  of  sureties,  §  955. 

Released,   surety   not  to   be,   from  what  damages,  lia- 
bilities, etc.,   §   980. 

Release,  how  effected,  §§  970,  972-975. 

Release,  supplemental  bond,  §§  976,  978. 

Release,   withdrawal    or     discharge,     effect    on    other 
sureties,  §  977. 

Release,  withdrawal  or  discharge,   surety  liable  until 
supplemental  bond  given,  §  979. 

Release,  withdrawal  or  discharge,  publication  of,  §  979. 

Release,  withdrawal  or  discharge,  supplemental  bond, 
when  not  required,  §  979. 

Several  liability,  §  956. 

Signing  for  less  than  penal  sum,  §  956. 

To  whom  liable,  §  961. 

Who  may  sue  on  bond,  §  961. 

Withdrawal  of  surety,  supplemental  bonds,  §§  976,  978. 
SURGEONS  of  National  Guard:  See  National  Guard,  XXIV. 
SURVEY:  See  County;  Public  Lands,  II;  Surveyor,  Coun- 
ty; Surveyor-General. 

Assessor  may  require  certain,  §  3634. 

County  boundaries,  to  settle  disputed,  §§  3969-3972. 

County  boundaries,  heretofore  made  valid,  §  3973. 

County  boundary,  cost  of  making,  §  3974. 

Geological:   See  Geologist. 

Road,  for  change  of,  §  2684. 

Road,  fees  for  survey  for  change  of,  §  2687. 

Surveyor:    See  Surveyor,  County. 

Swamp  and  overflowed  lands,  survey  of  to  conform  to 
United  States  surveys,  §  3445. 
SURVEYOR,  COUNTY.    Application  for  survey  of  land  in 
two  counties,  §  4269. 

Assessor  may  require,  to  make  certain  survey,  §  3634. 

Bonds,  §  4122. 

County  boundaries,  duty  where  supervisors  fail  to  ap- 
prove report,  §  3970. 

County  boundaries,  what  to  survey,  §  3969. 

County  officer,  is,  §  4103. 


SURVEYOR,     COUNTY— SURVETOR-GENERAIi.  1349 

Court,   surveyor   appointed  by,  powers  and  duties  of, 
§  4275. 

Court  to  appoint  another  surveyor  when  county  sur- 
veyor interested,  §  4275. 

Duties  of,  generally,  §  4268. 

Duty  of  in  relation  to  highways,  §  2643. 

May  employ  assistance  and  collect  therefor,  §  4272. 

May  employ  chainmen  and  markers,  when,  §  4272. 

Oaths,  may  administer,  §  4118. 

Order  for  survey  where  title  to  lands  in  two  counties 
disputed,  §  4270. 

Surveyor-general,   survey,   plat   and   field   notes   to   be 
transmitted  to,  §  4273. 

Surveyor-general,   to   communicate  necessary  informa- 
tion to,  §  4274. 

Surveyor-general,    to    assist    in     making     surveys    in 
county,  §  4274. 

Surveyor-general,   to    transmit    field    notes,    etc.,    to, 
§  4273. 

Surveys  by  true  meridian,  §  4271. 

Surveys,  courses,  how  to  be  run  In,  §  4271. 

Surveys,  how  made,  §  4271. 

Surveys,  how  made,  where  interested,  §  4275. 

Surveys  of  lands  in  two  counties,  §  4269. 

To  make  surveys  on  application,  §  4268. 

To  survey  swamp  lands,  §  3445. 
SURVEYOR-GENERAL:  See  Public  Lands,  II. 

Application  for  purchase    of    school    lands,   duty  on, 
§  3406. 

Application  to  purchase  school  lands,  copy  of  United 
States  registers  approval,  §  3407. 

Assessor,  to  give  list  of  land  sold  to,  §  3659. 

Assistant  surveyor-general,  may  appoint,  §  485. 

Assistant  surveyor-general  is  a  civil  executive  officer, 
§  485. 

Assistant  surveyor-general  is  ex-officio  assistant  regis- 
ter of  state  land  office,  §  485. 

Attorney-general,  expenses  of,  3413. 

Attorney-general,  may  require  attendance  of  on  taking 
testimony,  §  3413. 

Attorney-general  to  give  opinion  in  writing  to,  §  470. 

Authorized  to  furnish  office  and  vault,  p.  1113,  Stats. 

Bond  of,  §  487. 

Clerks,  salary  of,  §  486. 

Clerk,  may  appoint,  §  485. 


1350  SURVEYOR-GENERAL— SWAMP    LANDS. 

Clerk  is  a  civil  executive  officer,  §  485. 
Contest  of  application:   See  Public  Lands,  VII. 
County  boundaries,  unsettled,  to  establish.  §  3971. 
Deputy  surveyor-general,  may  appoint,  §  485. 
Deputy,  ex-officio  deputy  register  of  land  office,  §§  350, 

485. 
Deputy  is  civil  executive  officer,  §  485. 
Deputy  is  ex-officio  deputy  register  of  land  office,  §§  485, 

497. 
Deputy,  salary  of,  §  485. 
Bx-officio  register  of  land  office,  §  350. 
Fees  of,  §  3574. 

Fees,  report  of  and  payment  into  treasury,  §  3574. 
General  duties  of,  §  483. 
Instructions,  to  issue,  §  3429. 
Lists,  to  record,  §  3405. 

Mode  of  election  of,  prescribed  by  constitution,  §  348. 
Patents,  to  record,  §  3405. 
Place  of  taking  testimony  in  proceedings  to  quiet  land 

title,  how  fixed,  §  3412. 
Printed  blanks  and  forms,  to  issue,  §  3429. 
Records  to  be  kept  by,  §  3405. 

Registers  and  receivers  of  United  States,  duty  as  re- 
gards compensation,  §  3410. 
Register  of  land  office,  ex-officio,  §  497. 
Report  of,  §  483. 

Rules  governing  sale  of  school  lands,  to  make,  §  3495. 
Rules  governing  sale  of  timber  lands,  to  make,  §  3500. 
Sacramento,  to  reside  and  keep  offices  at,  §  852. 
Salaries  of  assistant  and  deputies,  how  paid,  §  485. 
Salary  of,  §  484. 

State  locating  agent  of  school  lands,  §  3398. 
To  obtain  statement  from  U.  S.  land  office  of  conditions 

of  sections,  §  3409. 
To  represent  state  in  contests  relating  to  land,  §  3411. 
Transcribing  records  and  plat  books,  appropriation  for, 

p.   1113,   Stats. 
Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
SUTTER  COUNTY,  boundaries  and  county  seat,  §  3926. 
Legal    distance   from   county   seat   of   to    Sacramento, 

§  200. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 
SWAMP  AND  OVERFLOWED  LANDS:   See  Public  Lands, 

XI. 


TARGET    PRACTICE— TAXATION,     I.  13J1 

TARGET    PRACTICE:   See   National  Guard,  XXXIII. 
TAXATION. 

I.  General  principles  and  definitions. 

II.  Statutes  relating  to;   effect  of  code. 

III.  Assessment;  exemptions. 

IV.  Levy  of  tax  and  rate. 
V.     Double  taxation. 

Vi.     Equalization. 

1.  State  board. 

2.  County  board. 
VII.     Lien  and  effect  of  tax. 

VIII.     Tax  on  incumbered  property,  rights  and  liabilities. 
IX.     Collection, 

1.  When  due  and  notice  of. 

2.  Irregiilarlties,  effect  of. 

3.  Of  taxes  on  unsecured  personalty  and  claims 

to  land. 

4.  Local  taxes;  on  removal  from  county. 

5.  Payment:    protest;    refunding;    action  for. 

6.  Delinquent  taxes. 

7.  Actions  for  collection  of  taxes. 

8.  Sales. 

9.  Deed;  sale  of  land  sold  to  state. 

10.  Redemption. 

11.  Settlements. 

X.  Particular  officers,   powers  and   duties  of. 

1.  Assessor. 

2.  Tax  collector. 

3.  Auditor. 

4.  Controller. 

5.  Treasurer. 

6.  Supervisors,  clerk  and  marshal- 

7.  District  attorney. 

XI.  Division  of  county,  rights    on;     apportionment  of 

railway  taxes. 

XII.  Violation  of  revenue  laws,  proceedings  on. 

XIII.  Road  and  highway  taxes. 

XIV.  School   and  hospital  taxes. 
XV.     Poll  taxes. 

I.     General    principles   and   definitions. 
Basis  of  taxation,  §  3671. 


13S2  TAXATION,     I-III. 

Credits,  definition,  §  3617. 

Debts,  definition  of,  §  3617. 

Full  cash  value,  definition  of,  §  3617. 

"Improvements,"  includes  what,  §  3617. 

"Personal  property"  includes  what,  §  3617. 

"Property"   includes  what,  §  3617. 

"Real  property"  includes  what,  §  3617. 

State  may  acquire  property  by  taxation,  §  43. 

Values,  definition  of,  §  3617. 

II.  Statutes   relating  to;    effect  of  code. 

Act  relating  to  taxation  for  local  purposes  continued  in 

force,  §  19. 
Code,  when  takes  effect  with  respect  to  acts  passed  at 

same    session,    §    3891. 
Collection,  manner  of  collecting  taxes  assessed  before 

code  takes   effect,  §   3892. 

III.  Assessment;  exemptions. 

Abbreviations,  figures  and  initials,  use  of  in,  §  3884. 
Absent  owner's  property,  how  assessed,  §§  3635,  3636. 
Agent,   trustee,   bailee,   guardian,   personal  representa- 
tive, etc.,  to,  §  3639. 
Arbitrary,  on  neglect  to  make  statement,  §  3633. 
Arbitrary,   supervision  of   supervisors,   §   3633. 
Assessment  book,  abbreviations  in,  §  3884. 
Assessment  book,  assessor  to  make  affidavit,  §  3652. 
Assessment   book,   assessor   to   note   refusal   to   make 

statement,    §    3633. 
Assessment  book,  auditor  to  note  payment  of  poll  tax 

on,  §§  3827,  3828. 
Assessment  book,  assessor  to  prepare,  §  3650. 
Assessment  book,  basis  of  taxation,  §  3671. 
Assessment  book,  clerical  errors,  omissions  or  defects 

in,  correction  of,  §§  3881,  3882. 
Assessment  book,  fact  that  property  sold  for  taxes  to 

be  entered  upon,  §  3680. 
Assessment  book,  form  of,  §   3650. 
-  Assessment    book,    furnishing    copies    to    cities    and 

towns,  §  3653. 
Assessment   book,   index   to,   §   3651. 
Assessment  book,  lands  need  not  be  described  twice 

on,    §    3657. 
Assessment  book,  map  books  and  military  roll  open  to 

inspection,  §  3654. 


TAXATION,     HI.  1353 

Assessment  book,  map  books,  statements,  etc.,  delivery 

to  supervisors,   §   3654. 
Assessment  book,  map  books,  statements,  etc.,  return 

of    after    equalization,    §    3654. 
Assessment  book  prima  facie  evidence  of  what,  §  3789. 
Assessment  boolc,   property  how  listed  in,  §   3650. 
Assessment  book,   time   for   completion,   §   3652. 
Assessment  book,  time,  penalty  for  failure  to  complete 

on,    §   3656.     " 
Boats  and  small  craft,  where  assessed,  §  3646. 
City,  maps  of  additions  or  subdivisions  for  assessment 

purposes,  §  3658a. 
Concealed,  misrepresented  or  transferred  property,  as- 
sessment of,  §  3648. 
Consigned  property,  §  3638. 
Corporations,  all  property  of  assessable,  §  3608. 
Corporations,  property  of,  where  assessed,  §  3641. 
County  board  of  equalization,  by:   See  County   Board 

of  Equalization,  post,  VI,  2. 
Credits,    §    3617. 

Credits  solvent,  deducting  debts,  §   3628. 
Custodia  legis,  assessment  of  property  in,  §  3647.  ' 
Debts,   §    3617. 
Description  of  tract  of  land,  how  obtained  by  assessor, 

§  3633. 
Double,  duty  of  tax  collector,  §  3806. 
Double,  proceedings  where  property  sold  under,  §  3805. 
Erroneous   assessment  on   mortgage  or  deed  of  trust 

that  has  been  paid,  §  3678. 
Errors,  omissions  or  defects,  clerical,  in,  correction  of, 

§§    3881,    3882,    3883. 
Estate   of   decedent,     undistributed     or     unpartitioned, 

where   assessed,   §    3642. 
Exem.ption,  church  property,  of,  from  taxation,  §  3611. 
Exemption,    church    property,    claim    of,    how    made, 

§   3611. 
Exempt  from,  what  property  is,  §  3607. 
Ferries  between  counties,  and  franchises  and  property 

of,  where  assessed,  §  3643. 
Firm,  property  of,  where  assessed,   §  3641. 
Foreign  insurance  companies  other  than  life,  tax  im- 
posed on,  §  622a. 
Franchise   derived   from    United   States   not   assessed, 

§  3665. 
Franchises  granted  by  city  or  county,  where  assessed, 
§  3628. 


TAXATION,     III. 

Franchise  of  ferry  between  counties,  where  assessed, 
§    3643. 

Franchises,  etc.,  of  railroads  in  more  than  one  county, 
§  3692. 

Franchise,  how  assessed,  §  3650. 

Franchise  to  be  listed  separately,   §  3650. 

Franchises,  where  assessed,  §  3628. 

Illegal,  not  for  informalities  or  failure  to  complete  in 
time,    §    3885. 

Improvements  on  lands  exempt  from  taxation,  assess- 
ment of,  §  3650. 

Incumbered   property,   §   3627. 

Irregular  assessment  of  land,  proceedings  in  case  of, 
§    3806. 

Land  and   improvements,   separately,   §   3627. 

Land,   cultivated   and  uncultivated,   §   3627. 
'Land  in  parcels  not  more  than  640  acres,  §  3628. 

Land  in  tracts  more  than  640  acres,  §  3628. 

Lands  sold  by  state  for  which  no  patent  issued,  §  3628. 

Maps  of  additions  to  or  subdivisions  of  cities  for  as- 
sessment purposes,  §  3658a. 

Mistake  in  name  does  not  invalidate,   §   3628. 

Mistakes,  what  do  not  affect  proceedings,  §  3807. 

Mortgages  and  deeds  of  trust,  §  3627. 

Mortgage    covering    several    subdivisions,    apportion- 
ment in  case  of,  §  3678. 

Mortgage,    deductions    where    part    payments    not    re- 
leased  of  record,   §   3819. 

Mortgage,  etc.,  on  property  in  several  counties,  §  3692. 

Mortgage  on  which  partial  payments  made,  §  3678. 

National  bank,  realty  of  is  assessable,  §  3609. 

National  bank,  shares  in,  assessable,  §§  3608,  3609. 

National  bank,  shares,  bank  when  liable,  §  3610. 

National  bank,  shares  in,  how  valued  and  deductions, 
§   3609. 

National  bank,  shares  in,  when  liable  to,  §  3610. 

National  bank,  shares  in,  where  taxed,  §  3609. 

National  bank,  shares  of,  notice  of  assessment,  §  3610. 

National  Guard,  exemption  of  members  of  from  road  or 
head  tax,  §  2098. 

Personalty,    furnishing    description    of    to    cities    and 
towns,  §  3653. 

Person   claiming   ownership   of   property,   right   to   be 
assessed,    §   3657. 

Property  escaping  taxation  the  previous  year,  assess- 
ment of,  §  3649. 


TAXATION,    III.  1355 

Property   sold   to   state   to   be   subsequently  assessed, 

§  3813. 
Property  subject  to,  §  3607. 
Property  subject  to  mortgage,  deed  of  trust  or  other 

obligation,    how    assessed,    §    3650. 
Public  lands,  cancellation  of  assessment  on,  §  3805a. 
Public  lands,  on  sale  of:   See  Public  Lands,  VIII. 
Property,  where  assessable,  §  3628. 
Railroads:  See  State  Board  of  Equalization,  post,  VI,  1. 
Shares  in  national  banks,  how  valued  and  deductions, 

§  3609. 
Shares  of  national  bank,  bank  when  liable  for,  §  3610. 
Shares  of  national  bank  stock,  notice  of,  §  3610. 
Shares  of  stock  in  national  bank,  assessable,  §§  3608, 

3609. 
Shares  of  stock  in  national  bank,  where  taxed,  §  3609. 
Shares  of  stock  not  subject  of,  §  3608. 
Solvent  credits  subject  to  deduction,  how  assessed,  § 

3650. 
State  board  of  equalization,   by:   See   State   Board  of 

Equalization,  post,  VI,  1. 
Statement,   arbitrary  on  neglect  or  refusal  to  make, 

§  3633. 
Statements,  affidavit  to,  form  of,  §  3630. 
Statement,  failure  to  make,  penalty,   §   3632. 
Statement,   filling  out  of,   §   3631. 
Statement,  neglect  or  refusal  to  make,  proceedings  on, 

§  3633. 
Statement  of  taxable  property  in  another  county,  duty 

of  assessor,  §  3687. 
Statement,  open  to  inspection,  §   3654. 
Statements,  supervisors  to  furnish  blanks,  §  3630. 
Statement,  to  be  in  writing  and  under  oath,  §  3629. 
Statement,  what  to  contain,  §  3629. 
Surveyor-general  and  tide  land  commissioners  to  fur- 
nish lists  of  lands  sold,  §  3659. 
Telegraph  and  telephone  lines,  §  3663. 
Time  for  completion  of,  §  3652. 
Time  of  making,  §  3628. 
Time  of  ownership  as   determining,   §   3628. 
Unassessed    property:   See   post.   Assessor. 
Unknown    owners,    property,    how    assessed,    §§    3635, 

3636. 
Value,  property  assessment  at  full  cash,  §  3627. 
Vessels,  where  assessed,  §§   3644,  3645. 


;56  TAXATION,    IIl-Vl. 

*Wagon  and  turnpike  toll  roads,  §   3663. 
Water  ditches,  §  3663. 

IV.  Levy  of  tax  and  rate. 

Bonds,  levy  of  tax  for,  §  4050. 

Bonds,  to  refund  proceeds  on  failure  to  levy,  §  4052. 

Bonds,  refunding  tax  levy:   See  Public  Debt. 

Levy,  clerk  of  supervisors  to  notify  controller  of  rate, 
§  3667. 

Levy,   county  rate,   limit  on,    §   3714. 

Levy,  county  tax,  supervisors  when  to  levy,  §  3714. 

Levy  of:   See  Supervisors. 

Levy,  state  rate,  limit  on,  §  3714. 

Levy,  state  tax,  action  of  state  board  valid  if  super- 
visors neglect,  §  3715. 

Levy,  state  tax  rate,  §§  3696.  3713. 

Levy,  state  tax,  supervisors  when  to  levy,  §  3714. 

Levy,  tax  has  effect  of  judgment  against  person,  §  3716. 

Limit  on  city  rate,  §  4371. 

Limit  on  county  rate,  §  3714. 

Limit  on  state  rate,  §  3714. 

V.  Double  taxation. 

Double  assessment,  duty  of  tax  collector,  §  3805. 
Double    assessment,    proceedings   where    property   sold 

under,  §  3805. 
Not  permitted,  §  3607. 
Taxation  of  shares  of  stock  is,  §  3608. 

VI.  Equalization. 

1.  State  board. 
Action   in    fixing   state     levy    binding    if    supervisors 

neglect,  §  3715. 
Assessments  equalized,  how,  §  3693. 
Assessor,  books,  blanks,  maps,  and  plat  books  for,  to 

furnish,  forms  of.  §  3658. 
Assessor,  index  book  of,  to  prepare  form  of,  §  3651. 
Assessor,  penalty  for  failure  to  transmit  statement  to, 

§  3656. 
Assessor,   statement  by,   to,   when   made  and   what  to 

show,  §  3655. 
Assessor  to  trant?mit  information  concerning  property 

in  more  than  one  county,  §  3678. 
Auditor  failing  to  forward  statement  to,  penalty,  §  3694. 
Auditor  to  disregard  actions  of,  when,  §  3730. 
Auditor  to  enter  changes  in  assessment,  §  3730. 
Auditor  to  transmit  statements  to,  §  3729. 


TAXATION,    VI.  m57 

Chairman,  election  and  term  of  office,  §  352. 

Clerk  of,  salary  of,  §§  3700,  3701. 

Clerk,  to  give  entire  time  to  state,  §  3700, 

Clerk  to  transmit  statement  of  changes  to  county 
auditors,  §  3695. 

Controller  a  member  of,  §  433. 

Controller  to  publish  notice  of  receipt  of  assessments 
by,   §  3668. 

Expenses  of  and  allowances  to,  §  3702. 

Extensions  of  time  by,  §  3705. 

Franchises  from  United  States  not  assessed,  §  3665. 

Increasing  and  lowering  roll,  §§  3692,  3693. 

Levy  of  rate  for  certain  fiscal  years,  §  3713. 

Meetings  of,  §  3692. 

Meetings,  time  and  place  of,  §  3665. 

Members  to  give  entire  time  to  office,  §  3700. 

Military  roll,  failure  of  clerk  to  deliver  to  brigadier- 
general,  forfeiture,  §  1898. 

Military  roll,  to  correct,  §  1899. 

Mortgages,  etc.,  on  land  in  several  counties,  equalizing 
assessments,   §   3692. 

Notifying  district  attorney  to  prosecute  assessor 
fraudulently  assessing,  §  3698. 

Oaths,  clerk  or  any  member  of  board  may  administer. 
§  3699. 

Offices,  §  3702. 

Powers  and   duties  of,   enumerated,   §   3692. 

Powers  and  duties,  where  prescribed,  §  706. 

Railroads,  assessment  of,  how  made,  §  3665. 

Railroads  in  more  than  one  county,  to  assess,  §  3628. 

Railroads  in  several  counties,  assessment  of  franchises, 
property,  etc.,  of,  §  3692. 

Railroads,,  record  of  apportionment  of  railway  assess- 
ments, §  3666. 

Railroads,  record  of  assessment  of  railways,  §  3666. 

Railroad,  statement  by,  when  filed  and  what  to  contain, 
§  3664. 

Railroad,  statement  by,  who  to  make,  §  3664. 

Raising  and  lowering  valuations,  §  3693. 

Rules  and  regulations,  penalty  for  refusing  to  obey, 
§  3697. 

Salaries  of  members,  §  3700. 

School  tax,  duty  to  levy,  §  3719. 

Sessions  of,  §  3692. 

Sessions  of,  duration  of,  §  3665. 

State  tax  rate,  fixing,  §  3696. 


TAXATION,    VI. 

State  tax  rate,  notifying  supervisors  and  auditors  of, 

§  3696. 
Stationery,  fuel,  printing,  etc.,  §  3702. 
Subpoena,  failure  to  obey,  penalty,  §  3697. 
Subpoenas,  penalty  for  refusing,  to  obey,  §  3697. 
Term  of  office,  §  352. 
Time,  power  of  to  extend,  §  3705. 
Valuations,  changing,  §  3693. 
Valuations,  equalizing,  §  3692. 
Who  compose,  §  352. 

2.  County  board. 
Abstracts  and  records,  may  use,  §  3679. 
Adding  to   amount   of  property   when  incomplete  list 

§  3681. 
Assessor   and    deputy    may    make   statements    and   ex 

amine  witnesses,  §  3677. 
Assessor  and  deputy  to  attend  upon  session,  §  3677. 
Assessment  by,  force  and  effect  of,  §  3679. 
Assessment,  changes  in,  notice,   §   3681. 
Assessment,  new,  when  made,  §  3681. 
Assessment  of  property  escaping  assessment,  directing 

§  3681. 
Books,     statements,     etc.,     return   after    equalization 

§  3654. 
Clerk,  oath  of,  §  3682. 
Clerk    to     deliver     corrected     assessment     to     countj 

auditor,  §  3682. 
Clerk  to  record  proceedings,  alterations,  etc.,  §  3682. 
County   recorder   to   furnish    certain   abstracts   to   as- 
sessor, §  3678. 
Examination  of  person  assessed,  §  3675. 
May   require   assessor  to   enter   property   not   entered 

§  3679. 
Meeting,  time  of,  §  3672. 
Notice  of  time  board  will  meet,  §  3654. 
Power   to   increase  or   lower  entire  roll   or   individual 

assessment,  §   3673. 
Reduction,   examination   of   applicant   or  agent   before 

making,  §  3675. 
Reduction   not   made  unless  on   application   of  person 

assessed,  §  3674. 
Sessions,  duration  of,  §  3672. 
Subpoenas    may    be    issued    and    witnesses    examined 

§  3676. 
Time  for  performance  of  acts,  extension  of,  §  3705. 


TAXATION,    VI-IX.  1359 

To  correct  assessor's  list  of  persons  subject  to  militia 

duty,  §  1899. 
Valuation  of  final.  §  3G78. 
Witnesses  and  evidence,  §  3676. 

VII.  Lien  and  effect  of  tax. 
Lien  of  tax  and  effect  of,  §  3716. 

Lien,   tax   on   improvements  is  on  land  and  improve- 
ments, §  3718. 
Lien  upon  property  and  security,  tax  is,  §  3627. 
Lien  upon  realty,  tax  is,  §  3718. 
Lien  upon  realty,  tax  on  personalty  is,  §  3717. 
Lien,  when  attaches,  §  3718. 
Of  poll  tax,  §  3860. 
Tax  has  effect  of  judgment  against  person,  §  3716. 

VIII.  Tax  on  incumbered  property,  rights  and  liabilities. 

Mortgage,  deed  of  trust  or  lien,  contract  by  debtor  to 

pay  tax  on  void,  §  3627. 
Payment  of  incumbrance  after  assessment  and  befort 

levy,  rights  on,  §  3627. 
Payment   of  tax   on   incumbered   property,   rights   on, 

§  3627. 

IX.  Collection. 

1.  When  'due  and  notice  of. 

Notice  of,  publication  and  posting  of,  §§  3746,  3749. 

Notice  of,  what  to  specify,  §§  3746,  3748. 

Taxes  on  unsecured  personalty,  when  due,  §  3756. 

2.  Irregularities,  effect  of. 

Illegal,  acts  are  not  for  informality  or  failure  to  com- 
plete in  time,  §  3885. 

Irregular  assessment  of  land,  proceedings  in  case  of, 
§  3806. 

Omissions,  errors  or  defects  in  form  in  assessment 
■  book,  effect  of,  §  3881. 

3.  Of    taxes    on    unsecured    personalty    and    claims 

to  land. 

Personalty  unsecured,  amount  of  tax,  how  determined, 
§  3823. 

Personalty  unsecured,  assessor,  action  against  for  un- 
collected taxes,  §  3831. 

Personalty  unsecured,  assessor,  compensation  for  col- 
lecting, §  3829. 

Personalty  unsecured,  assessor  to  collect  taxes  on. 
§  3820. 


TAXATION,    IX. 

Personalty  unsecured,  assessor  to  make  monthly  pay- 
ments and  settlements,  §  3826. 
Personalty    unsecured,    assessor,   when  may  seize  and 

sell,  §§  3821,  3822. 
Personalty  unsecured,   auditor  to   ascertain  amount  of 

deliquencies,   §   3831. 
Personalty,   unsecured,    auditor   to    demand   delinquent 

taxes  from  assessor,  §  3831. 
Personalty  unsecured,  deficiency,  how  collected,  §  3825. 
Personalty  unsecured,  deficiency,  notice  of,  §  3825. 
Personalty  unsecured,  excesses  or  deficiencies,  auditor 

to  note,  §  3828. 
Personalty  unsecured,  excess  of  rate  to    be    returned, 

§  3824. 
Personalty  unsecured,   when   due,   §   3756. 
Possession  of  or  claim  to  land,  taxes  when  due  and 

how  collected,   §  3820. 
Seizing  and   selling  personalty,   duty  of  tax   collector, 

§  3790. 
Seizing  and   selling  personalty,   fees    and    mileage    of 

assessor,  §  3793. 
Taxes  on  unsecured  personalty,  when  due,  §  3756. 

4.  Local  taxes  on  removal  from  county. 

Action  for  taxes  against  person  removed,  §§  3808,  3809. 
Local  taxes  collected  same  as  county  taxes,  §  3671. 
Removal  of  owner,   power  and    liability    of    assessor, 
§  3808. 

5.  Payment;    protest,   refunding;    action   for. 
Action  against  state  treasurer  for  taxes,  answer  or  de- 
murrer, §  3669. 

Action  against  state  treasurer  for  taxes,  attorney-gen- 
eral to  defend,  §  36G9. 
Action  against  state  treasurer  for  taxes,  complaint,  § 

3669. 
Action  against  state  treasurer  for  taxes,  judgment  and 

costs,  how  paid,  §  3669. 
Action  against  state  treasurer  for  taxes,  place  of  trial, 

§  3669. 
Action    against    state    Ireasurer    for    taxes,    procedure 

governing,  §  3669. 
Action   against  state  treasurer    for    taxes,    service    of 

complaint  and  summons,  §  3669. 
Action  against  state  treasurer  for  taxes,  time  to  bring, 

§  3669. 


TAXATION,    IX.  13«1 

Action  against  state  treasurer    for    taxes,    waiver    by 

failure  to  bring,  §  3669. 
Action  lies  against  state  treasurer  refusing  to  refund 

taxes,  §  3669. 
Auditor  to  note  payments  in  assessment  book,  §  3827. 

Controller  to  publish  notice  of  time  of  payment,   de- 
linquency and  penalty,  §  3668. 

Date  01  payment,  tax  collector  to  note,  §  3750. 
Decedents,  taxes  of,  how  paid,  §  3752. 

Entire  tax  on  realty  may  be  paid  at  first  installment, 

§  3756. 
Illegally  collected  taxes,  claim  to  be  filed  within  three 

years,  §  3804. 
Illegally  collected  taxes  refunding  where  paid  to  state 

treasurer,  §  3804. 
Illegally      collected     taxes,     supervisors     may     rerund, 

§  3804. 
Illegal  tax,  refunding,  although  no  protest  and  no  no- 
tice of  intent  to  bring  suit,  §  3669. 
Insolvents,  taxes  of,  how  paid,  §  3752. 
Payable  in  what  money,  §  3888. 
Payable  where,  §  3748. 

Payment  entitles  person  to  certificate,  §  3776. 
Payment    on    particular    parcels    of    land    separately, 

§  3747. 
Protest,  action  to  recover  taxes,  limitation  of,  §  3819. 
Protest,  action  to  recover  taxes,  time  to  bring,  §  3819. 
Protest,  judgment  for  taxes  paid  under,  reimbursement 

of     treasurer    where    paid    into    state    treasury, 

§  3819. 
Protest,  payment  how  made  under,  §  3819. 
Protest,  taxes  may  be  paid  under,  §  3819. 
Receipt  for  payment  of  taxes,  §  3751. 
Refunding  taxes  illegally,  erroneously,    etc.,  collected, 

§  3804. 
State  treasurer,  certain  taxes  to  be  paid  to,  §  3669. 
State  treasurer,  payment  to,  notice  to  county  auditor 

and  treasurer,  §  3668. 
State  treasurer,  proceedings  to  recover  taxes,  §  3669. 

6.  Delinquent  taxes. 
Controller,  suit  for  taxes  by  state  board  of  equalization, 
§  3670. 

Pol.  Code— S6 


TAXATION,    IX. 

Controller  to  publish  notice  of  time  of  delinquency 
and   penalty,   §   3668. 

List,  abbreviations,  initials  and  figures,  use  of,  §  3384. 

List,  affidavit  that  taxes  have  not  been  paid,  §  3800. 

List,  auditor  to  foot,  credit  and  settle  with  tax  col- 
lector, §  3799. 

List,  auditor  to  swear  tax  collector  as  to  correctness, 
§  3798. 

List,  contract  for  publication,  bids  and  proposals, 
§   3766. 

List,  filing  by  tax  collector,  §  3769. 

List,  filing  by  tax  collector,  affidavit  to,  §  3769. 

List,  matters  on  assessment  book  to  be  set  down  in 
numerical  or  alphabetical  order,  §  3760. 

List,  notice  of  sale  to  be  published  with,  §  3765. 

List,  oath  to,  §  3798. 

List,  omissions,  errors  or  defects  in,  correction  of, 
§§  3882,  3883. 

List,  publication,  day  and  hour  of  sale  to  be  desig- 
nated, §  3767. 

List,  publication,  how  made,  §  3766. 

List,  publication  of,  §  3764. 

List,  tax  collector  and  auditor  to  compare,  §  3797. 

List  to  contain  notice  of  sale,  §§  3765,  3767. 

List,  to  remain  on  file  in  auditor's  office,  §  3799. 

List,  what  to  contain,  §  3764. 

List,  when  must  be  completed,  §  3759. 

Penalties,  §  3756. 

Penalties  and  disposition  of  proceeds,  §  3668. 

Penalty  for  cost  of  publication,  §  3770. 

Penalties  for  delinquencies,  entry  of,  §  3758. 

Prima  facie  evidence  of  what,  §  3789. 

Railroad  assessments,  §  3668. 

Tax  collector  to  furnish  auditor  with  list  of  delin- 
quents, §  3759. 

Tax  collector  chargeable  with,  §  3762. 

Taxes,  when  become,  §§  3668,  3756. 

7.  Actions  for  collection  of  taxes. 

Controller  may  direct  where  tax  over  three  hundred 
dollars,  §  3899. 

Controller,  suit  for  taxes  by  state  board  of  equaliza- 
tion, §  3670. 

Distribution  of  proceeds,  §  3899. 

Jurisdiction  of. police  court  of  actions  for,  §  4427. 


TAXATION,    IX.  1363 

Tax  amounting  to  three  hundred  dollars,  §§  3771,  3899. 
Where  person  removed  from  county,  §§  3808,  3809. 

8.  Sales. 
Advertisement,     abbreviations,     figures     and    initials, 

§  3884. 
After    sale    to    state    no    sale    for    later    assessments, 

§  3814. 
Amount  of  property  to  be  sold,  §  3791. 
Assessor  to  enter  fact  of  on  assessment  book,  §  3680. 
Auditors  to  enter  on  assessment  book,  §  3801. 
Certificate,  amended,  §  3805b. 

Certificate,  contents  of  and  form  of,  §§  3776,  3777. 
Certificate,    errors    in,    correction   of,    §    3805b. 
Certificates,  indexing  and  index  book,  §  3777. 
Certificate    of    sale    of    public   lands,   cancellation   of, 

§  3805a. 
Certificate,  redemption  of  subsequent    sale,    entry    of, 

§  3777. 
Certificates,   signing,   numbering  and  filing  of,   §   3777. 
Certificates,  tax  collector  to  make  out,  §  3776. 
Controller  may  direct  action  instead  of,  where  tax  over 

three  hundred   dollars,   §  3899. 
Double  assessment,  proceedings  on  sold  under,  §  3805. 
Excess  over  taxes  and  costs  returned  to  owner,  §  3795. 
Fact  that  property  sold  to  be  stamped  on  bills,  §  3680. 
Incumbered  land,  notice  to  mortgagee  or    trustee    be- 
fore, §  3769a. 
Irregularly  assessed  land  not  to  be  sold,  §  3806. 
Manner  of  making,  §  3791. 
Mistakes,  what  do  not  affect,  §  3807. 
Notice  of  posting  or  publication  of,  §  3792. 
Notice  of  time  and  place  of,  §  3792. 
Payment  on  day  of  sale,  §  3771. 
Proceedings  on  sale  for  poll  tax  paid,  §  3805. 
Proceedings  where  taxes  have  been  paid,  §  3805. 
Property  sold  to  state,  §  3771. 
Property   sold  to  state  to    be    subsequently    assessed, 

§  3813. 
Public   lands,    cancellation   of   certificate   and    deed   in 

certain  cases,  §  3805a. 
Public  lands  to  state,  resale  in  case  of,  §  3788. 
Sale  and  record  book,  form  of,  §  3777. 
Seizure    and    sale    of    personalty    unsecured,   §§   3790, 

3793. 


TAXATION,    EX. 

Subsequent  sale,  entry  of,  §  3777. 

Tax  bills,  fact  of  sale  to  be  stamped  on,  §  3680. 

Tax  collector  to  furnish  auditor  printed  list,  §  3801. 

Tax  collector  to  report  to  controller,  §  3772. 

Title  when  vests  in  purchaser,  §  3794. 

Unsold   portion   may  be  left  at  place  of  sale  at  risk 

of  owner,  §  3796. 
When  and  where  made,  §  3767. 

9.  Deed;  sale  of  land  sold  to  state. 
Deed,  amended,  §  3805b. 

Deed,  by  whom  and  when  to  be  made,  §  3785. 

Deed,  cancellation  of,  notice  to  controller,  §  3805b. 

Deed,   conclusive   as  to   what  matters,   §   3787. 

Deed,  controller  to  furnish  blank  forms,  §  3785. 

Deed,  errors  in,  correction  of,  §  3805b. 

Deed,  fees,  §  3785. 

Deed  for  delinquent  state  lands  filed  with  surveyor- 
general,  §  3785. 

Deeds  for  lands  sold  to  state  before  passage  of  act, 
§  3785. 

Deed,  form  of  and  recitals  in,  §  3785. 

Deed  of  public  land,  cancellation  of,  §§  3805a,  3805b. 

Deed  of  public  lands,  resale  in  case  of,  §  3788. 

Deeds,  recitals  primary  evidence  of  what,  §  3786. 

Deeds,  recitals,  what  to  contain,  §  3786. 

Deeds,  recording  of,  §  3785. 

Deed,  title  passing  by,  §  3787. 

Deed  to  university  of  land  sold  to  state  on  which 
university  has  mortgage,  §  3898a. 

Sale  of  property  sold  to  state,  bid,  amount  of,  §  3897. 

Sale  of  property  sold  to  state,  controller  may  order, 
§  3897. 

Sale  of  property  sold  to  state,  deed,  §  3898. 

Sale  of  property  sold  to  state,  how  conducted,  §  3897. 

Sale  of  property  sold  to  state,  notice  of,  §  3897. 

Sale  of  property  sold  to  state,  bid,  amount  of,  §  3897. 

Sale  of  property  to  state,  distribution  of  proceeds, 
§  3898. 

10.  Redemption. 

Accounting    and     settling     for    by   county     treasurer, 

§  3817. 
Auditor  and   county     treasurer    to    keep    accounts    of 

moneys.  §  3816 
Auditor  to  report  property   redeemed  before  sale  day 

§  3739. 


TAXATION,     IX,     X.  13« 

Effect  of,  §  3817.  "  , 

Entry  of,  §  3777. 

Failure  to  redeem,  deed  to  state,  §  3785. 

Heirs,  executors,  etc.,  right  of,  §  3817. 

How  effected,  §§  3781.  3817. 

Moneys,  how  distributed,  §§  3781,  3788. 

Moneys  received  on  account  of,  how  distributed,  §  3816. 

Moneys,  treasurer  to  account  for,  §  3781. 

Of  state  public  lands  sold  to  state,  §  3817. 

On  day  of  sale,  §  3771. 

Partial,  §  3818. 

Penalties,  §  3817. 

Penalties,  computation  of,  §  3817. 

Procedure  on,  §  3817. 

Subsequent   assessments,   fees,  costs,  etc.,  to  be  paid, 

§  3815. 
Successors  in  interest,  right  of,  §  3817. 
Time  within  which  may  be  made,  §  3780. 
Who  may  make,  §  3780. 

11.  Settlements. 
Accounting   and    settlement   by   treasurer   on   redemp- 
tion, §  3817. 
Final,  credit  to  tax  collector  on,  §  3799. 
Final,  of  tax  collector  with  auditor,  §  3799. 

X.     Particular  officers;  powers  and  duties  of. 

1.  Assessor. 
See  County  Boards  of  Equalization,  ante,  VI,  §  2. 
Absent   or  unknown   owner,   to   estimate  property   of, 

§  3635. 
Absent  or  unknown  owner,  how  assessed,  §  3636. 
AflBdavit  of  assessor  and  deputies  to  assessment  book, 

§  3652. 
Annual  settlement  with  auditor,  time  to  make,  §  3889. 
Assessment    book,    affidavit    of   assessor    and    deputies 

to.  §  3652. 
Assessment    book,    duty    to    furnish    copies    to    cities, 

§  3653. 
Assessment  book,  index  to,  to  prepare,  §  3651. 
Assessment  book,  map  books,  statements  and  military 

roll,  delivering  to  supervisors,  §  3654. 
Assessment  book,  may  correct,  §  3881. 
Assessment   book,   penalty  for  failure  to   complete  on 

time,  §  3656. 
Assessment  book,  time  for  completion  of,  §  3652. 

44 


TAXATION,    X. 

Assessment  book,  to  prepare,  §  3650. 

Auditor  to  furnish  blank  personal  property  receipts  to, 
§  3738. 

Blank  personal  property  receipts,  form  in  which  fur- 
nished assessor,  §  3738. 

Blank  personal  property  receipts,  unused  to  be  re- 
turned, §  3738. 

Books,  blanks,  maps  and  plat  books,  supervisors  to 
furnish,  §  3658. 

Books,  blanks,  maps  and  plat  books,  state  board  of 
equalization  to  furnish  forms,  §  3658. 

Bond  of,  §  4122. 

Bond  of  city  assessor,  §  4374. 

City,  §  4370. 

City,  bond  of.  §  4374. 

City,  duties  of,  §  4390. 

City,  manner  of  ascertaining  values  and  collecting 
taxes,  §  4390. 

Compensation  for  collecting  taxes  on  personalty,  §  3829. 

County  officer,  is,  §  4103. 

Description  of  land,  how  obtained  by,  §  3634. 

District  attorney  to  prosecute  for  fraud  in  assessment, 
§  3698. 

Duties  of  generally,  §  4300. 

Duty  on  receiving  statement  of  property  in  another 
county,  §  3637. 

Election  and  term  of  office,  §  4109. 

Fees  and  mileage  of  for  seizing  and  selling  personalty, 
'     §  3793. 

Fraudulently  assessing  property,  proceedings  against, 
§  3698. 

Insurance  commissioner  to  furnish  with  certain  In- 
formation, §  625. 

Liability  for  taxes  not  collected.  §  3661. 

Lis\  of  exempted  members  of  National  Guard  to  be 
given  to.  §  1937. 

Maps  of  additions  to  or  subdivisions  of  city  for  assess- 
ment purposes,  §  3658a. 

Military  roll,  compensation  for  making  out,  §  1901. 

Military  roll,  penalty  for  failure  to  prepare,  §  1898. 

Military  roll,  to  prepare  except  in  San  Francisco, 
§  1897. 

Notice  by  of  assessment  on  national  bank  stock,  §  3610. 

Oath,  may  administer,  §  4118. 

Office  room,  stationery  and  furniture,  supervisors  to 
furnish,  §  3658. 


TAXATION,    X.  13«7 

Penalties    recovered   by,   one-half    may     be   retained, 

§  3632. 
Personalty,   furnishing  description  to  cities,   §   3653. 
Personalty,  unsecured,  collection  of:  See  ante,  IX,  3. 
Poll  tax,  powers  and  duties  in  relation  to:    See  post, 

XV. 
Powers  of.  generally,  §  3632. 
Recorder  to  furnish  certain  abstracts  to,  §  3678. 
Removal  of  owner  from  county,  action  for  taxes,  §  3809. 
Removal   of  owner   from   county,   power   and   liability 

of,  §  3808. 
State  board  of  equalization,  information  to  of  property 

in  more  than  one  county,  §  3678. 
Statement,  filling  out  of,  §   3631. 
Statement  to  state  board  of  equalization,  §  3655. 
Statement  to  state  board  of  equalization,  penalty  for 

failure  to  transmit,  §  3656. 
Statement,  to  require,  §  3629. 
Statistical    reports    to     surveyor-general,    compelling, 

§  4081. 
Subpoenas  of,  penalty  for  refusing  to  obey,  §  3632. 
Surveyor-general  and  tide-land  commissioners  to  give 

lists  of  land  sold,  §  3659. 
Time  for  performance  of  acts,  extension  of,  §  3705. 
Title,  may  demand  evidence  of,  §  3634. 
To  make  list  of  persons  an-d  property,  §  3628. 
Unassessed    property,    district    attorney    to    prosecute 

for  loss  on,  §  3661. 
Unassessed     property,     judgment      against      assessor, 

amount  of,  §  3662. 
Unassessed      property,      judgment      against     assessor, 

amount  recovered  how  distributed,  §  3662, 
Unassessed  property,  liable  for  taxes  on,  §  3660. 
Unassessed    property,    taxpayer    may    give    notice    of, 

§  3651. 

2.  Tax  collector. 
Actions    against    by   district    attorney,    for   failure    to 

make  payments  or  settlements,  §  3755. 
Assessment    book,    transfer    of,    duty    of    auditor    on, 

§  3736. 
Auditor   to   charge  with   full   amount  of  taxes  levied, 

§  3734. 
Bond  of,  §  4122. 
Charged  with  delinquent  taxes  and  penalty  additional, 

§  3762. 
Charged  with  taxes  levied,  §  3734. 
City,  §  4370. 


TAXATION,    X. 

City,  bond  of,  §  4374. 

Consolidating  offices  of  sheriff  and  tax  collector,  §  4106. 

County  officer,  is,  §  4103. 

Deed  of  property  sold  to  state,  to  execute,  §  3898. 

Delinquent  list:  See  ante,  IX,  6. 

Delinquent  taxes  and  penalties,  tax  collector  charge- 
able with,  §  3762. 

Double  assessment,  duty  of  tax  collector,  §   3805. 

Duty  to  seize  and  sell  personalty  for  taxes,  §  3790. 

Duties  of,  generally,  §  4301. 

Fee  for  collecting  poll  tax,  §  1857. 

Licenses,  duty  as  to:   See  Licenses. 

Military  roll,  failure  to  prepare,  penalty,  §  1898. 

Military  roll,  to  prepare  in  San  Francisco,  §  1897. 

Oath,    may    administer,    §    4118. 

Office  at  county  seat,  §  4116. 

Office  hours,  §  4116. 

Payment,  to  note  date  of,  §  3750. 

Payments,  penalty  for  failure  to  make,  §  3754. 

Payments  to  be  made  to  treasurer  monthly,  §  3753. 

Proceeds  of  sale  of  property  deeded  to  state,  disposi- 
tion of,  §  3898. 

Reside  at  county  seat,  §  4119, 

Settlement,  final.,  with  auditor,  §  3761. 

Settlements,  penalty  for  failure  to  make,  §  3754. 

Settlements  to  be  made  with  auditor  monthly,  §  3753. 

Sheriff  is  ex-officio,  in  what  counties,  §  4105. 

Statements,  delivery  of  to  auditor,  §  3753. 

Surety,  cannot  act  as,   §   955. 

3,  Auditor. 

Account  of  moneys  paid  on  redemption  of  property, 
§   3816. 

Action  of  state  board  of  equalization,  when  to  dis- 
regard,   §    3730. 

Assessment  book  corrected,  to  deliver  to  tax  collector, 
§  3732. 

Assessment  book,  oath  on  delivery  to  tax  collector, 
§  3732. 

Assessment  book,  transfer  from  one  collector  to  an- 
other, duty  on,  §  3736. 

Blank  personal  property  receipts,  assessor  to  return 
unused  to,  §  3738. 

Blank  personal  property  receipts,  form  In  which  fur- 
nished   assessor,   §    3738. 

Blank  personal  property  receipts,  to  furnish  to  as- 
sessor, §  3738. 


TAXATION,    X.  Wfia 

Changes  by  state  board  of  equalization,  to  make  In 

assessment   book,    §   3730. 
Collection  of  taxes,  duty  in  relation  to  generally:   See 

ante,   IX,   Collection. 
Delinquent  taxes:  See  ante,  IX,  6. 

Entries  to  show  total  acreage  of  counties,  §   3727. 

Excesses  or  deficiencies  in  taxes,  to  note  in  assess- 
ment book,  §  3828. 

Oath  on  delivery  of  assessment  book,  to  tax  collector, 
§  3732. 

Payments,  to  note  in  assessment  book,  §  3827. 

Poll  tax,  duty  in   relation  to:   See  post,  XV. 

Redeemed  property,  to  report,  §  3739. 

Report,  controller  to  enter  what  statements  on  settle- 
ment  with   treasurer,    §    3873. 

Report,  failure  to  make,  penalty,  §  3870. 

Report  of,  copy  to  be  delivered  to  treasurer,  §  3869. 

Report  of  to  state  controller,  §§  3868,  3869. 

Report,  treasurer  to  file  with  statements  of  controller 
on   settlement,    §    3874. 

Settlements  of  tax  collector  with:  See  ante,  X,  2. 

Statement,  failing  to  prepare  or  forward  to  controller, 
penalty,  §  3737. 

Statement  to  be  verified,  §   3735. 

Statement  to  state  controller,  §  3763. 

Statement  to  supervisors,  to  prepare  by  what  time, 
§   3737. 

Statement  to  supervisors,  what  to  show,  §  3737. 

Statement,  to  transmit  to  controller  and  state  board 
of  education,  §  3729. 

Statement,  transmitting  to  controller,  penalty  for 
neglect,  §  3734. 

Statements,  duplicate,  to  prepare  annually,  §  3728. 

Statements,  filing  with  supervisors  and  controller, 
§  3737. 

Statements,  what  to   show,   §   3728. 

Tax  collector,  to  charge  with  full  amount  of  taxes 
levied,   §   3734. 

Time  for  performance  of  act,  extension  of,  §  3705. 

To  compute  and  enter  taxes  against  property,  §  3731. 

To  make  entries  in  account  with  treasurer  after  report 
filed,  §  3875. 

Valuations,  to  foot  up  and  enter,  §  3727. 


TAXATION,    X. 

4.  Controller. 

Designating  county  in  which  proceedings  against  rer- 

enue  officer  instituted,   §   3879. 
District  attorney,  to  direct  to  prosecute  officer,  when, 

§  3878. 
Employing    counsel    in    proceedings    against    revenue 

officer,  §  3880 
Examining  books  of  any  revenue  officer,  §  3877. 
Sale  of  property  deeded  to  state,  controller  may  order, 

§  3897. 
Statement  of  on  settlement  with  treasurer,  §  3872. 
To  compute  sums  due  by  railroads  for  taxes,  §  3667. 
To  publish  what  notice,  §  3668. 
Warrant,  to  collect  assessments  on  railroads,  §  3666. 

5.  Treasurer. 

Accounting  and  settling  for  moneys  received  on  re- 
demption,  §   3817. 

Accounts  of  moneys  paid  on  redemption  of  property, 
§  3816. 

Annual  settlement  with  auditor,  to  make  at  what 
time,  §  3889. 

County,  payments  to  state  treasurer,  §§  38.65,  3866. 

Failing  to  make  settlements  and  payments,  penalty, 
§  3867. 

Mileage  allowed  to,  §  3876. 

Mileage,  fees  and  commissions  in  making  settlements, 
§§   3866,  3871. 

Payments  into  state  treasury,  manner  of  making, 
§  3872. 

Poll  taxes,  duty  in  relation  to:   See  post,  XV. 

Proceeds  of  property  sold  to  state,  to  account  for  to 
state,  §  3898. 

Reimbursement  on  judgment  for  taxes  paid  under  pro- 
test, §  3819. 

School  moneys  due  county  from  state,  to  retain,  §  3866. 

Settlement  of  with  controller,  §§  3865,  3866. 

Settlement  with  controller,  deductions  to  be  made  by 
controller,  §  3871. 

Statement  of  controller  on  settlement  with,  §  3872. 

To  perform  only  duties  connected  with  his  own  office, 
§  3890. 

6.  Supervisors,  clerk  and   marshal, 

Clerk  of  supervisors  to  perform  only  duties  connected 
with  office,  §  3890. 


TAXATION,   X-XIV.  1371 

Marshal  is   collector  of  city   taxes,   §   4389. 
Supervisors    to    perform    only    duties    connected    with 
office,  §  3890. 

7.  District  attorney. 
Annual  settlement  with  auditor,  to  make  at  what  time, 

§  3889. 
Attorney-general   may   employ   other   counsel   than,  in 

proceeding  against  revenue  officer,  §  3880. 
Consent  to  modify  or  alter  assessment  book,  §  3881. 
Controller  to  direct  to  prosecute  officer,  when,  §  3878. 
Employment   of   other   counsel   than   district   attorney 

on  proceedings  against  revenue  officer,  §  3880. 
Settlement  with  county  auditor,  §  3889. 
To  commence  action,  when,  §  3878. 
To  institute  action  on  assessor's  bond,  §§  3661,  3698. 

XI.     Division   of    county,   rights    on;     apportionment   of 
railway  taxes. 
Division  of  county  or  change  of  boundaries,  taxes,  to 

whom  belong  and  collection  of,  §  3975. 
Railway   taxes,    apportionment    by    state    treasurer, 
§  3668. 

XI!.     Violation  of  revenue  laws,  proceedings  on. 

Action  arising  out  of  violation  of  revenue  law,  who 
may  designate  place  of,  §  3900. 

Attorney  general  may  employ  other  counsel  than  dis- 
trict attorney  in  proceedings  against  revenue 
officer,   §   3880. 

Official  delinquencies  in  relation  to  revenue,  con- 
troller to  institute  suits,   §   433. 

Rules  and  regulations  of  state  board  of  equalization, 
penalty  for  disobeying,  §  3697. 

Subpoena,  failure  to  obey,   penalty,   §   3697. 

XIII.  Road  and  highway  taxes. 
Highway   taxes:   See   Highways,   XIII. 
Rqad  poll  tax:   See  Highways,  XIII, 

Road  taxes  collected  same  as  other  taxes,  §  3671. 
Road  tax,  distribution  of  moneys  received  for,  §  3816. 
Road  tax,  exemption  of  firemen,  §  3337. 
Road  tax,  members  of  National  Guard  exempt,  §  1936. 

XIV.  School  and   hospital  taxes. 

Hospital  tax,  distribution  of  moneys  received  for  hos- 
pital poll  tax,  §  3816. 


T2  TAXATION,    XIV,    XV. 

School  tax,  assessment  and  collection  of,  manner  of, 

§  3719. 
School  taxes,  collected  same  as  other  taxes,  §  3671. 
School  tax,  duty  of  state  board  of  equalization  to  levy, 

§  3719. 
School  tax,  rate  of  for  certain  fiscal  years,  §  3713. 

XV.     Poll  taxes. 

Amount  of,  §  3839. 

Assessor,  compensation  of  for  collection  of,  §  3862. 

Assessor  to  make  monthly  settlements  and  payments, 

§  3853. 
Assessor,  yearly  settlement  with  auditor  and  treasurer, 

§  3854. 
Debtor  may  charge  creditor  to  poll  tax  paid,  §  3850. 
Debtors  of  persons  owing  poll  tax,  who  are,  §  3849. 
Debtors  of  persons  owing  to  pay,  when,  §  3848. 
Delinquent,  a  lien  on  property,  §  3860. 
Delinquent,  amount  of,  §  3839. 
Delinquent,  collected  how,  §  3860. 
Delinquent  penalty,  §  3858. 
Delinquents,  roll  of,  §  3857. 
Demand  for,  §  3857. 

Distribution  of  moneys  received  for,  §  3816. 
Exemption,  members  of  National  Guard  not  exempt, 

§  1936. 
Exemption  of  firemen,  §  3337. 
Fees  for  collecting,  §  1857. 
Firemen,    act   authorizing   supervisors   of   Santa   Clara 

County  to  exempt  from,  p.  1086. 
Head  tax,  exemption  of  firemen  from,  §  3337. 
Head  tax,   members  of  National  Guard  exempt  from, 

§  1936. 
Lien  on  property,  §  3860. 

Payment,  assessor  to  demand  of  persons  liable,  §  3846. 
Payment,  enforcement  of  by  seizure  and  sale  of  per- 
sonalty, §  3846. 
Proceedings   on   sale   of  property   for    poll    tax'    paid, 

§  3805. 
Proceeds  paid  to  school  fund,  §  3861. 
Receipt  is  only  evidence  of  payment,  §  3852. 
Receipts,   after   settlement   with   assessor,   auditor  to 

return  unused  to  treasurer,  §  3855. 
Receipts,  auditor,  duty  of  on  receiving  from  treasurer, 

§  3844. 
Receipts,  delivery  of  by  auditor  to  assessor,  §  3845. 


TAXATION,     XV— TIDE-LAND    COMMISSIONERS.  ViTi 

Receipts,  duty  of  treasurer  in  relation  to,  §  3843. 
Receipts  for,  §  3851. 

Receipts  not  used,  return  of  to  auditor,  §  3854. 
Receipts,  printing  of,  §  3841. 
Receipts  returned,  treasurer  to  seal  up,  §  3856. 
Receipts,  style  of  to  be  changed  every  year,  §  3842. 
Receipt  to  be  given  to  purchaser  of  property,  §  3851. 
Receipts,  treasurer  to  credit  auditor  with  receipts  re- 
turned, §  3856. 
Receipts,  treasurer  to  deliver  to  auditor,  §  3843. 
Receipts,  treasurer  to  print,  §  3841. 
Roll,  assessor  to  deliver  to  auditor,  when,  §  3858. 
Roll,  delivery  of  to  tax  collector  by  auditor,  §  3858. 
Roll,  errors  in,  correction  of,  §  3859. 
Roll  of  persons  liable,  assessor  to  keep,  §  3857. 
Sale  of  property  in  payment  of,  how  made,  §  3847. 
Tax  collector,  fee  for  collecting,  §  1857. 
Time  of  collection,  §  3840. 

Treasurer  to  pay  proceeds  of  to  state,  §  3861. 
When  to  be  collected,  §  3840. 
Who  liable  to,  §  3839. 

TAX  COLLECTOR,  powers  and  duties  of:   See  Taxation, 

X,  2. 
TAXES:   See  Taxation. 
TEACHERS:   See  Schools,  IX. 

TEHAMA  COUNTY,  boundaries  and  county  seat,  §  3915. 
Legal   distance   from   county  seat    of    to    Sacramento, 

§  201. 
Salary  of  county  judge,  §  4329. 
Salary  of  district  attorney,  §  4330. 

TELEGRAPH,  how  assessed,  §  3663. 
TENSE,  present  includes  future,  §  17. 
TERRITORIES,  United  States  includes,  §  17. 
TESTIFY,  includes  what,  §  17. 
TEXT-BOOKS:  See  Schools,  XIX. 
THEATERS,  license  for,  §  3d80. 
TIDE    LANDS:   See  Public  Lands,  XL 

TIDE-LAND    COMMISSIONERS,    assessor   to   give   list   of 
tide  lands  sold  to,  §  3659. 
Controller  to  perform  duties  of  member  of,  §  433. 


1374  TIDE-LAND    COMMISSIONERS— TIME. 

Governor  appoints,  §  368. 

Holds  at  governor's  pleasure,  §  369. 
TIME,  amendment  to  delinquent  list,  §  3883. 

Auditors  settle  with  controller,  when,  §  3868. 

Bond,  time  of  filing,  §  947. 

Certain  limitations  of,  how  affected  by  code,  §  9. 

Certificates  of  nomination,  time  to  file,  §  1192. 

Certifying   by   secretary   of   state   of   names   of   candi- 
dates, §  1193. 

Claim  against  state,  time  and  manner  of  presentation 
of,  §  664. 

Claim  against  state,  time  of  action  on,  §  6^5. 

Computed  according  to  what  calendar,  §  3255. 

Computed  how,  §  12. 

Contest  of  election  of  governor,  §  289. 

Contest  of  election  of  lieutenant-governor,  §  289. 

Construction  of,  §  17. 

Day,  §  3259. 

Day-time,  §  3260.         p 

During  which  county  offices  open,  §  4116. 

Election  of  particular  officer:   See  Particular  Title. 

First  day  of  the  year,  §  3255. 

General  election,  time  of  holding,  §  1041. 

Holiday,  last  day  falling  on,  §  12. 

Joint  resolution,  time  of  taking  effect,  §  324. 

Leap  years,  §  3256. 

Night  time,  what  is,  §  3260. 

Notary,  time  to  file  oath  and  bond,  §  800. 

Oath  of  commissioner  of  deeds,  time  of  filing,  §  814. 

Oath  of  officers,  time  of  taking  and  filing,  §§  906,  907. 

Opening  and  closing  polls,  §  1160. 

Primary  for  presidential  electors,  §  1372. 

Primary,   time  of  holding,   §   1362. 

Sessions  of  schools:  See  Schools,  XXIV. 

State  board  of  equalization  may  extend,  §  3705. 

Statutes,  time  of  taking  effect,  §  323. 

Taxes,  of  payment  of,  published  in  notice,  §  3746. 

Taxes,  of  sale  to  pay,  §§  3768,  3792. 

Taxes,  of  sale  to  pay,  notice,  §  3766. 

Treasurers  settle  with  controller,  when,  §§  3865,  3866. 

Week,  §  3258. 

Year,  half  year  and  quarter  year,  meaning  of,  §  3257. 


TITLE— TOLL.    BRIDGES.  13'* 

TITLE  by  tax  collector's  deed,  §  3787. 
Highways,  title  to:   See  Highways,  II. 
Of  purchaser  of   personal   property   seized    for    taxes. 

§  3794. 
To  cemetery  grounds,  §§  3105,  3108. 
To  property,  original  and  ultimate,  §  40. 

TITLE  INSURANCE  COMPANY  insolvent  when,  §  602. 

TOLL  BRIDGES,  animals,  number  and    weight    of,  driven 

over,  supervisors  may  regulate,  §  2876. 
Application,  articles  of  incorporation  to  be  attached  to, 

§   2871. 
Application,  hearing  of  and  proceedings  on,  §  2871. 
Application,  how  granted,  §  2872. 

Application,  majority  of  supervisors  may  grant,  §  2872. 
Application,  notice  of,  §  2844. 
Application,   notice   of  to   be   given   owner  of  another 

toll  bridge,  §  2853. 
Application,  notice,    publication  of    and    contents    of, 

§  2870. 
Application  to  construct,  to  whom  made,  §  2843. 
Application,  to  whom  made,  §  2870. 
Banks  to  be  kept  in  repair,  §  2858. 
Bond,  §§  2849,  2850. 
Bond,  supervisors  to  fix,  §  2845. 
Garquinez  Straits,  not  permitted  over,  §  2872. 
Channels  of  navigable  streams  to  be  kept  clear,  §  2877. 
Completion,    certificate    of,    toll    gate  may  be  erected 

after,  §  2878. 
Condemnation  of  land  necessary  for,  §  2855. 
Counties  may  purchase,  §  2881. 
Draws  in  bridges  over  navigable  waters,  §  2875. 
Draws,  supervisors  may  regulate  use  of,  §  2876. 
Fast  driving,  protection  against,  §  2938. 
Ford  near,  supervisors  may  authorize,  §  2845. 
Highways,  right  to  use,  §  2874. 
Interested   supervisor   cannot   act   in   matters   relating 

to,  §  2852. 
License,  §  2845. 

License,  estimates  used  in  fixing,  §§  2848,  2849. 
License,  issuance  of,  §  2849. 
License  issued,  when,  §  2878. 
License,  limit  on  amount  of,  §  2846. 
License,  proceedings  in  fixing,  §  2848. 


1878  TOLL    BRIDGES— TOLL    ROADS. 

License,  change  of,  §  2846. 

License,  revenue  from,  purchasing  toll  roads  or 
bridges    with,    §    2857. 

Napa  creek,  not  permitted  over,  §  2872. 

Navigable  streams,  channels  of  to  be  kept  clear, 
§    2877. 

Navigable  waters,  how  constructed  over,  §  2875. 

Order  granting,  certified  copy  to  be  recorded,  §  2872. 

Penalty  for  avoiding  tolls,  §  2880. 

Petaluma  creek,  not  permitted  over,   §  2872. 

Preference  of  owner  of  adjoining  land  in  constructing, 
§  2854. 

Railings  and  sidings,  §  2878. 

Reports  to  supervisors,  what  to  show,  §  2847. 

-Requirements  that  may  be  imposed  on  granting  au- 
thority, §  2873. 

Rules  and  regulations  governing  use,  supervisors  may 
prescribe,  §  2876. 

Sacramento  river,  not  permitted  over,  §  2872. 

San  Joaquin,  not  permitted  over,   §  2872. 

Sonoma  creek,  not  permitted  over,  §  2872. 

Suisun   bay,   not   permitted   over,   §    2872. 

Supervisors  granting  authority,  duty  of,  §  2844. 

Toll  gate  may  be  erected  after  signing  and  filing  of 
certificate  of,  §  2878. 

Tolls,  avoiding,  penalty  for,  §  2880. 

Tolls,  change  in,  §  2846. 

Tolls,  estimates  used  in  fixing,   §§  2848,  2849. 

Tolls,  exempt  from,  who  are,  §  2879. 

Tolls  may  be  collected  when,  §  2878. 

Tolls,  proceeding    in  fixing,  §  2848. 

Tolls,  rate  of,  §  2845. 

Toll,  rates  of  to  be  posted,  §  2856. 

Tolls,  supervisors  to  fix,  §  2845. 

Withi"i-  one  mile  of  another  toll  bridge,  §  2853. 

TOLL   ROADS,  abandoned,  collection  of  tolls  on  portion 
not  abandoned,  §  2799. 
Abandoned,  how,  §  2799. 
Abandoned,  may  be  when,  §  2799. 
AbanJonraent,  what  becomes  of  road  on,  §  2799. 
Action  for  penalty  or  trespass,  where  lies,  §  2817. 
Alterations,  branches  and  extensions,  §  2786. 
Application  for  authority  to  take  land,  §  2779. 
Application,  hearing  of,  §  2781. 


TOLL    ROADS.  1»71 

Application,  majority  of  supervisors  may  grant,  §  2782. 

Application,  roarl  may  be  constructed  without  when, 
§  2789. 

Applicati  .1.  special  meeting  of  supervisors  to  hear, 
§  2780. 

Application,  survey  of  road  constructed  without, 
§  2789. 

Application  where  road  in  more  than  one  county,  pro- 
ceedings, §§  2783,  2789. 

Bridges,  manner  of  constructing,  §  2791. 

Bridges,  may  build  when,  §  2791. 

Commissioners,  appointment  where  road  in  more  than 
one  county,  §  2783. 

Commissioners,   compensation  of,  §§  2785,  2797. 

Commissioners,  duties  of,  §  2784. 

Commissioners  of  highways,  compensation  for  mak- 
ing inspection  cr  prosecuting  action,  §  2831. 

Commissioners  of  highways,  compensation  of,  payment 
and   recovery,   §    2831. 

Commissioner  of  highways,  duty  of  as  to  gate  in  wrong 
place,  §  2829. 

Commissioner  of  highways  to  give  notice  of  defects 
in  road,  §  2829. 

Commissioners  to  appraise  on  purchase  by  county, 
powers  and  duties,   §§  2800,  2801. 

Commissioners  to  lay  out,  supervisors  to  appoint, 
§    2782. 

Completion  before  collection  of  tolls,  §  2797. 

Completion,  tolls  may  be  collected  on  filing  certificate 
of,  §  2798. 

Construction  of,  manner  of,  §  2793. 

Counties,  road  extending  through  several,  proceedings, 
§§  2783,  2789. 

County,  purchase  of  by  county,  right  of  and  proceed- 
ings on,   §8   2800,  2801. 

District  attorney  to  enforce  obedience  to  notice  and 
requirements,  §  2830. 

Dwellings  or  yards,  not  to  be  laid  out  through,  §  2790. 

Encroachment  upon,  action  for  penalty,  where  lies, 
§   2817. 

Encroachments  upon,  how  removed,  §  2815. 

Encroachments  upon,  penalty  for  not  removing,  §  2816. 

Fast  driving,  protection  against,  §  2938. 

Pol.  Code— 87 


1378  TOLL,    ROADS. 

Franchise,  becomes  public  highway  on  expiration  of, 
§   2619. 

Franchise,  expiration,  no  claims  for  right  of  way,  ma- 
terials, etc.,  §  2619. 

Guide-posts,   §  2796. 

Highway,  lands  witnin,  power  of  supervisors  to 
grant,  §  2787. 

Highways  taken  for,  damages  for,  paid  to  road  fund, 
§  2788. 

Inspection    and    certificate,  compensation  for,  §  2797. 

Inspection,  and  certificate,  conformity  to  require- 
ments, §  2797. 

Inspection,  commissioner  to  make  on  complaint  of 
want  of  repair,   §   2827. 

Inspection,  compensation  of  commissioner  of  highways 
making,  §   2831. 

Lands  may  be  acquired  by  purchase  or  condemnation, 
§    2787. 

Map  of,  approval,  certification  and  filing  of,  §  2785. 

Mile-stones,    posts    and    inscriptions,    §    2795. 

Notice  of  construction,  publication  of  and  contents, 
§   2779. 

Orchard  or  garden,  not  to  be  laid  out  through,  §  2790. 

Order  authorizing  to  be  recorded,  §  2782. 

Pack  trails  in  mountain  district,  license  for,  §  2832. 

Pack  trails,  tolls  on,  §  2832. 

Pack  trails,  when  may  build,   §   2832. 

Plank  road  company  not  to  use  road  of  another  except 
in  crossings,  §  2792. 

Plank  road,  relaying  with  other  material,  §  2794. 

Plank  roads  width  of  and  manner  of  construction, 
§  2793. 

Purchase  of  by  county,  right  of  and  proceedings  on, 
§§  2800,  2801. 

Purchase  of  by  read  district,  county  general  fund  may 
be  used  for,  when,  §  2712. 

Repair,  commissioner  to  give  notice  of  want  of, 
§   2827. 

Repair,  defects,  commissioner  of  highways  to  give  no- 
tice of,   §   2829. 

Repair,  district  attorney  to  enforce  obedience  to  no- 
tice to  repair,  §  2830. 


TOLL.   ROADS— TRADE   MARKS.  13W 

Repair,    failure    to    make    after    notice,    gate    thrown 

down,  §  2727. 
Repair,  failure  to  mal^e,  toll?   not  to  be  collocted   or 

gate  closed,   §  2828. 
Survey     of     roar^     constructed     without     application, 

§  2789. 
Toll  gate,  illegal,  failure  to  remove,  district  attorney 

to  enforce  obedience  to  requirements,  §  2830. 
Toll   gate   in   wrong   place,   duty    of     ommissioner   of 

highways,  §  2829. 
Toll  gate  or  house,  erecting  near  building,  §  2798. 
Tolls,  collection  of  before  completion  of  road,  §  2797. 
Tolls,  collection  oi  on  portion  of  road  not  abandoned, 

§  2799. 
Tolls,  exempt  from  payment  of,  who  are,   §  2814. 
Tolls,  licenses  to  take,   §   3378. 

Tolls,  i-iay  be   collected   on  filing   certificate  of  com- 
pletion, §  2798. 
Tolls,  not  to  be  collected  where  road  not  repaired, 

§  2828. 
Width  of,  §§  2784,  2793. 

TOWAGE,  fees  of  pilots  for  in  Humboldt  Bay,  §  2480. 

TOWNSHIP  officers,  who  are.  §  4104. 
See  Ofiices  and  Officers. 

TOWNS:  See  Municipal  Corporations. 

TRADE   MARKS  defined,  §  3196. 

Exclusive  use  of,  how  secured,  §  3197. 

Original  owner  of,  who  is,  §  3199. 

Ownership  may  be  transferred,  §  3199. 

Secretary  of  state,  fee  for  recording  with,  §  3198. 

Secretary  of  state,  filing  with,  §  3197. 

Secretary  of  state  to  keep  public  record  of,  §  3198. 

Trade  union  may  file  with  secretary  of  state,  §  3200. 

Trade  union  may  adopt  and  use,  §  3200. 

Trade  union  may  file  with  secretary  of  state,  §  3200. 

Trade  union,  of,   president    authorized   to    commence 

proceedings  to  protect,  §  3201. 
Violatior.  of  right  of  may  be  enjoined,  §  3199. 
What  included  in,  §  3196. 


18»  TRADE    UNION— TREASURER. 

TRADE  UNION:  See  Trade  Marks. 
TREASURER:   See  Insane  Asylums,  VI. 

Taxation,  powers  and  duties  in  relation  to:  See  Taxti- 
tion,  X,  5. 

Treasurer  of  city  and  county. 
Deputies  and  clerks  in  certain,  appointment  of.  D.  1114, 

Stats. 
Deputies   and   clerks   in   certain,  salaries  of,  p.   1114, 

Stats. 

Treasurer  of  city. 

Bond  of,  §  4374. 
Duties  of,  §  4392. 

Duties  in  relation  to  bonds  issued  for  public  debt, 
§  4446. 

Treasurer  of  county. 

Auditor,  duty  of  in  relation  to:  See  Auditor. 

Bond  fund,  duty  of  regarding,  §  4050. 

Bond  of,  §  4122. 

Bond  of  county  clerk,  custodian  of,  §  986. 

Bonds  to  refund  county  indebtedness,  custody,  disposal 
and  account,  §  4049. 

Bonds  to  refund  county  indebtedness,  duty  of,  §  4049. 

Bonds  to  refund  county  indebtedness,  redemption  of, 
§  4051. 

Books,  accounts  and  vouchers  open  to  inspection, 
§  4164. 

Commissions  not  allowed  on  moneys  received  from 
predecessor,  §  4163. 

Contest  of  office,  clerk  to  certify  pendency  of,  to,  §  937. 

Contest  of  office,  salary,  payment,  withholding  pend- 
ing, §§  936,  937. 

Coroner,  money  or  property  received  from,  how  dis- 
posed of,  §§  4159,  4160. 

Coroner,  money  received  from  may  be  demanded 
within  six  years,  §  4160. 

Coroner,  when  treasurer  to  sue,  §  4157. 

County  judge  and  auditor  to  be  permitted  to  examine 
books  and  count  money,  §  4165. 

County  officer,  is,  §  4103. 

Death  of,  duty  of  legal  representatives,  §  4163. 

Deputies  and  clerks  in  certain,  p.  1114. 


TREASURER.  ^'^^ 

District  attorney  failing  to  pay  over  money,  duty  to 
sue,  §  4157. 

Duties  generally,  enumerated,  §  4144. 

Duties  required  by  law,  to  discharge,  §  4224. 

Interest  on  sale  of  public  lands,  from  what  time  com- 
puted, §  3427. 

Money,  must  not  loan  or  make  general  deposit,  §  4161. 

Money,  not  to  receive  except  on  certificate  of  auditor, 
§  4145. 

Money,  special  deposit  of,  power  to  make,  §  4161. 

Money,  to  keep  in  his  own  possession,  §  4161. 

Oaths,  may  administer,  §  4118. 

Office  hours,  §■  4116. 

Office  to  be  kept  at  county  seat,  §  4116. 

Paying  claim  in  violation  of  highway  law,  liable,  §  2651. 

Quarterly  statements  concerning  collection  and  dis- 
bursement of  revenue,  §  4223. 

Receipts  for  money,  deposit  with  auditor,  §  4146. 

Receipts,  must  give  for  moneys  paid,  §  4146. 

Report,  failure  or  refusal  to  make,  penalty,  §  4156. 

Report,  monthly,  of  moneys  received  from  sale  of 
lands,  §§  3422,  3423. 

Report,  quarterly,  of  sales  of  public  lands  to  controller 
of  state,  §  3424, 

Report,  quarterly,  to  controller,  approval  of,  payments 
into  state  treasury  on,  §  3425. 

Report  to  supervisors,  §  4155. 

Reside  at  county  seat,  §  4119. 

Salaries  of  deputies  and  clerks  in  certain,  p.  1114, 
Stats. 

Special  deposit  of  money,  power  to  make,  §  4161. 

Supervisors  may  suspend,  when,  §  4162. 

Settlements,  failure  or  refusal  to  make,  penalty,  §  4156. 

Settlements,  when  and  how  made,  §  4154. 

Surety,  cannot  act  as,  §  955. 

Swamp  and  overflowed  lands,  to  place  proceeds  in 
swamp-land  fund,  §  3426. 

Warrant,  failure  to  present  in  sixty  days,  proceedings, 
§  4152. 

Warrant,  interest  on,  §§  4148,  4149,  4153. 

Warrant,  interest  paid  to  be  noted  on  and  entered  in 
account,  §  4153. 

Warrant,  mode  of  payment,  §  4147. 

Warrants,  notice  of  redemption  of,  publishing  or 
posting,  §  4149. 


52  TREASURER. 

Warrant,  notice  of  redemption  of,  what  to  state,  §  4150. 
Warrant,  priority  in  payment  of,  §§  4151,  4152. 
Warrant,   proceedings   wliere    not    paid    for    want    of 

funds,  §  4148. 
Warrant,     supervisors     may     order    payment    out     of 

moneys  on  hand,  §  4152. 

Treasurer  of  state. 
Accounts     of    officers    violating   statute,    withholding 

settlement,  §  926. 
Act  requiring  payment  into  treasury  of  all  moneys  he- 
longing  to  state,  p.  1115. 
Act    prescribing    certain    duties    to    be    performed    by, 

p.  1103. 
Advancing  wages  of  employees  of  state  printing  office 

where  general  fund  exhausted,  §  537. 
Board  of  examiners  may  examine  accounts  and  books 

of,  §  675. 
Board  of  examiners  may  notify  not  to  pay  warrants, 

§  674. 
Board    of   examiners,   time   and    manner   of   counting 

money  by,  §  676. 
Board  of  examiners  to  act  on  where  member  disquali- 
fied, §  669. 
Board  of  examiners,  to  permit  examination  of  books 

and  papers  by,  §  678. 
Board  of  examiners  to  publish  affidavit  as  to  money, 

§  677. 
Bond  of,  §  459. 

Bond  of  secretary  of  state  to  be  filed  with,  §  948. 
Bonds,  purchased  by  board  of  examiners,  deposit  with 

and  duty  of,  §  682. 
Bonds,  sale  of,  by,  board  of  examiners  may  purchase, 

§  683. 
Bookkeeper,  salary  of,  §  456. 
Claims    allowed    by    military    auditors,    duties    as   to, 

§  2097. 
Contest  of  office,  clerk  to  certify  pendency  of  action  to, 

§  937. 
Contest  of  office,  salary,  payment,  withhoWing  pending, 

§§  936.  937. 
Deputy,  salary  of,  §  456. 
Duties   as   to   moneys  due   for  support  of  patients  in 

home  for  feeble-minded,  §  2193. 
Duties,  general,  of,  enumeration  of,  §  452. 
Duty,  on  noncompliance  with  statute  by     investment 

company,  §  635d. 


TREASURER.  l^i 

Election,  mode  of,  prescribed  bj-  constitution,  §  348. 
Funds  of  university   mav    be    drawn    from    treasury. 

§  1435. 
Funds,  acts  authorizing  transfer  of  by,  pp.  1114,  1115. 
General  fund,  of  wtiat  consists,  §  454. 
Governor,  duty  to  report  to,  §  452. 
Harbor  commission,  liable  for  moneys  paid  by,  §  2586. 
Investments  in  bonds  by  board  of  examiners,  deposit 
with   and   duty  of   treasurer,   §   682. 

Money,  must  not  receive  without  certificate  of  con- 
troller, §  453. 

National  Guard,  duty  in  regard  to  pay  and  allowances 
to,  §  2084. 

Notice  to  that  bonds  are  ready  to  be  sold,  §  681. 

Porter,  may  employ,  §  460. 

Porter,  salary  of.  §  460. 

Proceedings  against  officer  purchasing  warrants  or  in- 
debtedness, §  926. 

Prohibited  from  purchasing  scrip  or  any  city  or  county 
indebtedness,  §  923. 

Sacramento,  to  reside  and  keep  offices  at,  §  852. 

Salary  of,  §  455. 

Salaries  of  deputy  and  bookkeeper,  how  paid,  §  456. 

State  board  of  capitol  commissioners,  member  of,  §  366. 

Surety,  cannot  act  as,  §  955. 

Taxes,  payment  of  to,  notifying  auditors  and  treasurers, 

§  3668. 
Taxes,  payment  of,  to:   See  Taxation. 
Taxes,    railway,    apportionment     by     state     treasurer, 

§  3668. 
Vacancy  in,  how  filled  and  duration  of  term,  §  1001. 
Warrants,    controller    to    authenticate    with    his    seal, 

§  433. 
Warrants,  controller  to  draw,  §  433. 
Warrants,   controller   to    furnish   list   of   to   treasurer, 

§  433. 
Warrants,  duty  regarding,  §  452. 
Warrants,  how  drawn,  §  433. 
Warrants,  order  in  which  to  be  drawn,  §  436. 
Warrants,  payments  not  to  be  made  on  prior  to  1857, 

§  453. 
Warrants  or  indebtedness  purchased  by  officer  in  vio- 
lation of  statute,  not  to  pay,  §§  925,  926. 
Watchmen,  powers  and  duties  of,  §  458. 


1384  TREASURER— UNCLAIMED    PROPERTY. 

Watchmen,  salaries  of,  §  457. 
Watchmen,  four,  may  employ,  §  457. 

TREES,  felling  into  streams  that  are  public  ways,  penalty, 
§  2350. 
Highways,  trees  in:    See  Hignways,  IX. 

TRESPASS,  action  for,  on  toll  roads,  §  2817. 

Animals  trespassing,  act  concerning  continued  in  force, 

§  19. 
On  public  lands,  §  42. 

TRINITY   COUNTY,   boundaries  and   county  seat,   §   3919. 
Legal   distance    from   county   seat  of  to   Sacramento, 

§    202. 
Salary  of  county  judge,   §   4329. 
Salary  of  district  attorney,  §  4330. 

TRUST  DEEDS,  recorder  to  furnish  list  of  to  assessor, 
§  3678. 

TRUSTEES,  assessment  of,  §  3639. 

Bonds  of.  form  of  and  who  may  sue  on,  §  982. 

Of  schools:   See  Schools,  V. 

Particular  trustees:   See  Particular  Title. 

TULARE  COUNTY,  act  to  protect  stock-raisers  in,  con- 
tinued  in  force,   §   19. 

Boundaries  and  county  seat,  §  3940. 

Legal  distance  from  county  seat  of  to  Sacramento, 
§    203. 

Salary  of  county  judge,  §  4329. 

Salary  of  district  attorney,  §  4330. 

TUNNELS,  expense  of  construction  and  maintenance, 
§.  2712. 

TUOLUMNE  COUNTY,  boundaries  and  county  seat,  §  3937. 
Legal    distance   from   county   seat   of   to   Sacramento, 

§    204. 
Salary  of  county  judge,  §  4329. 
Salary  c:f  district  attorney,  §  433G. 

UNCLAIMED  PROPERTY,  bailee,  agent,  etc.,  may  retain 
or  store  until  charges  paid,  §  3152. 
Bailee,  liable  only  for  negligence,  §  3155. 


UNCLAIMED    PROPERTY— UNIVERSITY    CALIFORNIA.        1385 

Carrier  may  hold  or  store  until  charges  paid,  §  3152. 

Fees  in  relation  to,  §  3157. 

Liability,  for  when  ceases,  §  3155. 

Property  upon  which  advances  are  due  may  be  sold, 

when,    §    3153. 
Sale  of  by  carrier,  bailee,  etc.,  §  3153. 
Sale  of,  proceedings  for  and  manner  of,  §  3153. 
Sale  of  surplus,  disposition  of,  §§  3153,  3154. 
Sale  of,  surplus,  disposition  of  where  owner  does  not 

claim,  §  3154. 

UNITED   STATES,   condemnation  or  purchase  by,   condi- 
tion as  to  service  of  process,  §  34. 
Includes  District  of  Columbia  and  territories,  §  17. 
May  acquire  sites  for  forts,  magazines,  arsenals,  dock- 
yards, etc.,  §  34. 
Rights  of  citizens,  §  60. 
Service  of  process  in  places  ceded  to,  §  34. 
State  has  no  jurisdiction  over  places  ceded  to,  §  33. 

UNIFORMS  of  National  Guard:  See  National  Guard, 
XXVI. 

UNITED   STATES   SENATORS,   elections   for  full   terms, 
when  held,  §  1332. 
Elections  to  fill  vacancies,  when  held,  §  1333. 
Governor  commissions,  §  891. 

UNIVERSITY  OF  CALIFORNIA.  Academic  senate,  gen- 
eral powers  and   duties  of,   §   1461. 

Academic  senate,  of  whom  composed,  §  1461. 

Academic  senate,  rules  governing  proceedings,  §  1463. 

Academic  senate,  who  may  participate  in  discussions, 
§  1463. 

Academic  senate,  who  may  vote,  §  1463. 

Affiliated  colleges,  graduates  of,  entitled  to  degrees, 
§  1400. 

Affiliation  with   other  colleges,   §   1396. 

Buildings,  bids  for  construction  of  and  furnishing, 
§  1438. 

Buildings,  plans  to  be  adopted  in  constructing,  §  1437. 

Buildings,   regents   to   construct  necessary,    §   1436. 

Buildings,  temporary  arrangements  for,  pending  com- 
pletion of,   §   1439. 

Cadets,  adjutant-general  to  issue  arms,  accoutrements 
and  equipments  to,  §  1475. 


1386  UNIVERSITY   OF   CALIFORNIA. 

Cadets,  military  instructor  to  report  to  adjutant-gen- 
eral, §  1477. 

Cadets,  oflBcers,  appointment  and  commission  of, 
§    1474. 

Cadets,  officers,  right  of  on  graduation,  §  1476. 

Cadets,  students  to  be  organized  into  university  cadets, 
§   1473. 

Certificates,  city  granting  to  without  examination, 
§  1792. 

Certificates  of  proficiency,  regents  may  confer,  §  1401. 

Certificates  to  teach,  granting  to  graduates  of,  §  1775. 

College  of  agriculture,  system  of  manual  labor  for, 
§  1404. 

College  of  Califcr...ia,  graduates  entitled  to  degrees, 
§  1400. 

College  of  letters  to  embrace  what,  §  1387. 

Colleges,  government  of,  §  1391. 

Colleges,  what  to  be  maintained,  §  1386. 

Course  of  instruction,   §  1388. 

Current  expenses,  fund  for,  setting  apart  and  how 
drawn  upon,  §  1434. 

Deed  to  of  lands  sold  to  state  on  which  university  has 
mortgage,  §  3898a. 

Degree  of  bachelor  of  arts,  upon  whom  conferred, 
§  1403. 

Degree  of  master  of  arts,  upon  whom  conferred,  §  1403. 

Degrees,  examinations  for  to  be  annual,  5  1397. 

Degrees,  graduates  of  affiliated  college  entitled  to, 
§  1400. 

Degrees,  graduates  of  College  of  California  entitled  to, 
§  1400. 

Degrees,  upon  what  students  to  be  conferred,  §  1402. 

Degrees,  votes  for,  conferring,  §  1399. 

Degrees,   when   to   be   conferred,    §   1402. 

Degrees,  who  entitled  to,  §§  1397,  1398. 

Endowment   of,   §   1415. 

Endowment,  entire  income  of,  at  disposal  of  regents, 
§  1433. 

Endowment,  regents,  power  to  invest  permanent  fund, 
§  1415. 

Funds  may  be  drawn  from  state  treasury,  §  1434. 

Fund  to  be  set  apart  for  current  expenses,  §  1434. 

Gift,  bequest  or  devise,  regents  may  take  by  for  bene- 
fit of.  1415. 


UNIVERSITY   OF   CALIFORNIA.  1387 

Gift,  bequest  or  devise,  state  may  take  by  for  benefit 
of.  §  1415. 

Gift,  bequest  or  devise  to,  impracticable  conditions 
rejected,  §  1415. 

Gift,  bequest  or  devise  to,  managed  according  to  pur- 
pose and  conditions,  §  1415. 

Government  and  discipline,  §  1391. 

Holder  of  diploma  entitled  to  permanent  certificate  of 
right  to  teach  when,  §  1775,  sub.  5. 

Lands  of:    See  Public  Lands. 

Law  governing  control  and  management  of,  §  2327. 

Location  of,  §  1385. 

Manual  labor,  system  of  for  college  of  agriculture, 
§    1404. 

Mortgage,  deed  to  university  of  land  sold  to  state  on 
which  university  has  mortgage,  §   3898a. 

Object  of,   §   1385. 

President  ex-ofRcio  member  of,  §  1425. 

President,  general  duties  and  powers  of,  §  1390. 

President  is  executive  head,  §  1389. 

Regents,  appointment  and  terms  of  office,  where  pro- 
vided for,  §  353. 

Regents,  appointment,  governor  to  appoint  sixteen, 
§   1426. 

Regents,   attorney-general   not   attorney   for,    §    472. 

Regents,  control     niversity,  §  1425. 

Regents,  construction  and  furnishing  of  buildings  by, 
§§    1436-1438. 

Regents,  deed  to  of  lands  sold  to  state  on  which  uni- 
versity has  mortgage,  §  3898a. 

Regents,  entire  income  from  endowment  at  disposal  of, 
§    1433. 

Regents,  governor  is  president  of,  §  1429. 

Regents,  majority  not  to  be  of  no  religious  belief, 
§   1405. 

Regents,  majority  not  to  be  of  one  religious  sect, 
§  1405.     , 

Regents  may  confer  certificates  of  proficiency,  §  1401. 

Regents  may  take  by  gift,  bequest  or  devise  for,  §  1415. 

Regents,   number  of,    §    1425. 

Regents,  powers  and  duties,  where  prescribed,  §  707. 

Regents,  secretary  of:    See  post. 

Regents,  who  are  ex-officio  members  of  board,  §  353. 


1388  UNIVERSITY    OF    CALIFORNIA— VACCINE    AGENT. 

Regents,  quorum,  §  1430. 

Regents,  powers  and  duties  of,  enumeration  of,  §  1432, 

Regents,  president  is  ex-oflacio  member  of,  §  1425. 

Regents,  receive  no  compensation,  §  1431. 

Regents,  six  ex-officio  members,  §  1427. 

Regents,  term  of  office,  §  1426. 

Regents   to  manage   gift,   bequest,   etc.,  according  to 

purposes  and  conditions  of,  §  1415. 
Regents  to  provide  cabinet  for  deaf,  dumb  and  blind 

asylum,  §  2242. 
Regents  to  set  apart  fund  for  current  expenses,  §  1434. 
Regents,  vacancy,  how  filled  and  term  of  appointee, 

§  1428. 
Scholarships,  §  1395. 

Secretary  of  regents,  compensation  of,  §  1451. 
Secretary  of  regents,  duties  of,  enumeration  of,  §  1450. 
Secretary  of  regents,  holds  at  pleasure  of  board,  §  1451. 
Secretary,    of  regents,    qualifications    and    choice  of, 

§  1449. 
Secretary  of  regents,  residence  of,  §  1450. 
Secretarian,   political    or    partisan    tests    prohibited, 

§  1405. 
State  geologist  to  deliver  specimens  to,  §  550. 
State   librarian    to     distribute    state    publications     to, 

§  2295. 
Students,    apportioning    representation    according     to 

population,  §  1394. 
Students,   certificates  of  proficiency,   §   1401. 
Students,    degrees,    §§    1397-1403. 
Students,  free  scholarships,  §  1395. 
Students,  tuition  and  fees,  §§  1393,  1394,  1395. 
Students,  who  entitled  to  enter,  §  1392. 
Tuition  and  fees,  §§  1393,  1394,  1395. 
University  lands:   See  Public  Lands,  IX. 

USER,  highways:   See  Highways,  III. 

VACANCIES,  officers:  See  Offices  and  Officers. 
VACATION,  highways:   See  Highways,  XIX. 

VACCINE  AGENT:   See  Health. 
Governor  appoints,  §  368. 
•Powers  and  duties,  where  prescribed,  §  695. 
Term  oi  office  of,  §  369. 


VACCINATION— WARRANTS.  !»»• 

VACCINATION  of  passengers  of  infected  vessels,  §  3021 
VAGRANCY,  jurisdiction  of  police  court  in  cases  of,  §  4426. 

VALUE,  definition  of,  §  3617. 

Full  cash,  definition  of,  §  3617. 
VENDOR  AND  VENDEE.     Enforcement  of  contract  to  sell 
realty   affected   by   lien   of    judgment    on    bond, 
§  987. 

VENTURA  COUNTY,  legal  distance  from  county  seat  of 
to  Sacramento,  §  205. 

VENUE.     Action   against  city  for  injuries   from   mobs  or 
riots,  §  4453. 

State  treasurer,  action  against  to  recover  taxes,  §  3669. 
VESSELS:   See  Navigation. 

Includes  what,  §  17. 

Wrecks,  §§  2403-2418.     See  Wrecks. 
VESTED  RIGHTS,  code  does  not  aifect,  §§  8,  18. 
VETO   by  governor,   §§   311,  312.      . 
VOTERS:   See  Elections. 

WAGON   ROADS,  to  be  ditched  on  sides  and  have  proper 
sewerage,  §  2793. 
Width  of  and  turn  outs,  §  2793. 

WAREHOUSEMEN  making  advances    may  sell    property, 
when,  §  3156. 
Unclaimed     property,    §§     3152-3157.     See     Unclaimed 
Property. 

WARRANTS:      See     Auditors;     Supervisors;     Treasurer, 

County. 
Act  prescribing  duties  of  state  officers  in  relation  to, 

p.  1103. 
Approved  claim,  to  be  drawn  in' favor  of,  §  661. 
Board  of  examiners  may  prevent  payment  of,  §  674. 
Controller  not  to  draw  unless  claim  approved  by  board 

of  examiners,  §  672. 
Controller  to  authenticate  with  seal,  §  433. 
Controller  to  draw,  §  433. 
How  drawn,  §  433. 
Land:   See  Public  Lands,  V. 
Land,  lost  or  destroyed:   See  Public  Lands,  V. 
•List  of,  controller  to  furnish,  §  433. 
Officer    purchasing    contrary    to     statute,     proceedings 

against,  §  926. 


1390  WARRANTS— WEIGHTS    AND    MEASURES. 

Officers  prohibited  from  purchasing,  §  923. 

Order  in  which  to  be  drawn,  §  436. 

Prior  to  1857,  treasurer  not  to  pay,  §  453. 

Purchased    by   officer   in   violation   of   statute,   not   to 

pay,   §§   925,  926. 
Salary,  payment  where  office  contested,  §§  936,  937. 
Treasurer,  duty  of  regarding,  §  452. 

WATCHMEN  for  treasurer:   See  Treasurer. 

WATER    COMPANY,    authority    to    lay    pipes,    granting, 

§§   4410,   4411,   4413. 
Contracts  to  supply  city  with  water,  §  4412. 
Diverting  or  draining  waters    on    highways,    penalty, 

§  2737. 

WATERS.    Boards  of  water  commissioners,  acts    relating 

to  continued  in  force,  §  19. 
Boundaries:   See  Boundaries. 
Bridge,   one  building  over  navigable  stream  to  keep 

channel  clear,  §  2877. 
Mouth  of  creek  defined,  §  3908. 
Navigable  streams,  enumeration  of,   §§  2349,  2351. 
Overflow  or  seepage  of  water  upon  highway,  duty  to 

repair,  §  2737. 
Owners  of  lands  on   banks  liable  for  damages  froiji 

cuts  made,  §  3486. 
Owners  on  lands  on  banks  making  cuts,  mitigation  of 

damages,  §  3487. 
Public  ways,  enumeration  of  streams  that  are,  §§  2349, 

2351. 
Public  way,  felling  tree  into  stream  that  is,   penalty, 

§   2350. 
Public  ways,  navigable  waters  are,  §  2348. 
Public  ways,  what  streams  are,  §  2348. 
Supervisors,   power   to   improve   and   regulate   streams 

not  navigable,  §  4085. 
Toll   bridges,   how  constructed  over  navigable  waters, 

§  2875. 

WAYS:   See  Highways. 

WEEK,  what  is,  §  3258. 

WEIGHTS  AND  MEASURES.     Acre,  §  3213. 
Acres,  C40  in  a  square  mile,  §  3213. 


WEIGHTS  AND  MEASURES.  ISM 

Avoirdupois  weights,  §§  3214,  3215. 

Barrel,   §  3217. 

Busliel,  §§  3220,  3223. 

Chain,  §  3212. 

Contracts  construed  according  to  standards  of,  §  3222. 

Foot,  division  of,  §  3211. 

Gallon,  §  3216. 

Half  bushel,  §  3218. 

Half  bushel,  division  of,  §§  3219,  3220. 

Half  peck,   §  3219. 

Heap  measure,  articles  sold  by,  how  heaped,  §  3221. 

Heap   measure,  measures    for    articles   sold   by,    how 
made,  §  3220. 

Heap  measure,  measures  of  capacity  for  articles  sold 
by,  §  3220. 

Hogshead,  §  3217. 

Hundredweight,  §  3215. 

Mile,  §§  3212,  3213. 

Ounces,  §  3215. 

Peck,  §§  3219,  3220. 

Pint,  §  3219. 

Pound,  division  of,  §  3215. 

Quart,  §  3219. 

Quarter  peck,  §  3219. 

Rood,  pole,  or  perch,  §  3212. 

Secretary  of  state  is  ex-officio  state  sealer,  §  351. 

Standard  for  solid  measure,  §  3218. 

Standard  of,  §  3209. 

Standard  of  liquid  measures,  §  3216. 

Standard  of  weights,  §  3214. 

Standard  yard  is  standard  measure  of  length  and  sur- 
face,  §  3210. 

State  sealer  of:    See  Sealer  of  "Weights  and  Measures. 

Ton,  §  3215. 

Troy  weight,  §§  3214,  3215. 

Unit  for  solid  measure,  §  3218. 

Unit  of  extension,  §  3210. 

Unit  of  length  and  surfaces,  §  3210. 

Unit  of  liquid  measures,  §  3216. 

Unit  of  weights,  §  3214. 

Yard,  division  of,  §  3211. 

See  Sealer  of  Weights  and  Measures. 


1392  WHARFAGE— WHARVES.    CHUTES    AND    PIERS. 

WHARFAGE:   See  Harbor  Commissioners;  Wharfs,  Chutes 
and  Piers. 

WHARVES,  CHUTES  AND   PIERS.     Application,  hearing 

and  objections,  §  2910. 
Application,  how  made  and  what  to  contain,  §  2907. 
Application   not   granted   until   use   of   lands  held   ad- 
versely acquired,  §  2913. 
Application,    notice,    how   served    on     non-resident    or 

incompetent,  §  2909. 
Application,  notice  of,  §  2907. 

Application,  notice,  proof  of  service,  §§  2908,  2910. 
Application,  notice,  service  of  on  owner  of  land,  §  2908. 
Application,   what   to   contain   relative    to    lands    not 

owned,  §  2908. 
Application,  when  granted,  §  2910. 
Assessments   for    improvements,  jurisdiction   of  police 

court  over  action  for,  §  4427. 
Authority   ceases   unless   completed   within   two   years, 

§  2919. 
Authority  not  granted  if  vested  rights  interfered  with, 

§  2919. 
Authority  to  construct,  use  of  lands  held  adversely  to 

be  first  acquired,  §  2913. 
Authority  to  erect,  supervisors  may  grant,  §  2906. 
Cities,  authority  to  construct  wharves  in,  §  2920. 
Cities,  statute  does  not  apply  to  wharves  in,  §§  2914, 

2920. 
Completion  of,  time  for,  §  2919. 
Condemning  lands  and  rights  of  way,  §  2913. 
Decrees  and  ordei's  relating  to,  to  be  filed  and  recorded, 

§  2915. 
Fees  for  filing  and  recording,  applicant  to  pay,  §  2915. 
Land  and  water  on  each  side  of  wharf,  rights  in,  §  2912. 
Length  of,  §  2914. 
License,  amount  of,  §  2917. 
License  to  take  tolls  on,  §  3378. 
License,  when  to  issue,  §  2917. 
Railroad,   supervisors,   authority   of   to  grant  right  to 

construct  wharves,  §  2921. 
Repairs,  duty  to  make,  §  2918. 
Repairs,   penalty  for  taking  tolls  when  wharf  out  of, 

§  2918. 
San  Francisco,  statute  does  not  apply  to  wharves  in, 

§  2920. 


WHARVES,    ETC.— WORDS   AND   PHRASES.  1393 

Supervisors  may  grant  authority  to  erect,  §  2906. 

Swamp,  overflowed  and  tide  lands,  rights  of  applicant, 
§  2911. 

Tolls,  penalty  for  taking  when  wharf  out  of  repair, 
.     §  2918. 

Tolls,  rates  of,  minimum  and  maximum,  §  2916. 

Tolls,  rates  of,  posting  of,  §  2916. 

Tolls,  supervisors  to  fix  rate  annually,  §  2911. 

Use  of  land  held  adversely  to  be  acquired  before  au- 
thority granted,  §  2913. 

Width  of,  §  2914. 

WIDTH,  highways:   See  Highways,  VII. 
WILL  includes  codicil,  §  17. 

WITNESSES,  assessor  may  examine  in  relation  to  taxable 

property,  §  3632. 
Before  board  of  examiners,  §  658. 
Before  legislature:   See  Legislature. 
County  boards  of  equalization   may  examine,   §§  3676, 

3677. 
Depose  includes  what,  §  17. 

Examination   in    contested   election,    §§    275,    278. 
Fees,  none  for  attendance  before  supervisors,  §  4069. 
Indigent   witnesses,   expenses   of  in   criminal   cases   a 

county  charge,  §  4344. 
Oath  includes  what,  §  17. 
Pilot  commission,   disobeying    subpoena    of    president, 

punishment  of,  §  2444. 
Pilot    commission,    president   of   may   issue    subpoena, 

§  2444. 
State  board  of  equalization  may  subpoena,  §  3692. 
State  may  require  persons  to  be,  §  37. 
Subpoenas:  See  Legislature;  Subpoenas. 
Supervisors,  before,  §  4068. 
Supervisors  before:   See  Supervisors. 
Testify  includes  what.  §  17. 

WOMEN    eligible    to    educational    offices,    p.    1103,    Stats. 

WORDS  AND  PHRASES:   See  Definitions. 

Alon-g,  §§  3905,  3906,  3907. 

By.  §§  3905.  3906. 

Codicil,  will  includes,  §  17. 

Pol.  Code— 58. 


WORDS    AND    PHRASES. 

Construed    according   to   context   and   approved  usage, 

§  16. 
Conyention,  city,  §  1358. 
Convention,  district,  §  1358. 
Convention,  local,  §  1358. 
Convention,  state,  §  1358. 
Credits,  §  3617. 
Debts,  §  3617. 

Depose  includes  what,  §  17. 
District  of  Columbia,  state  includes,  §  17. 
District  of  Columbia,  United  States  includes,  §  17. 
Division,  §  2111. 
Down,  §  3906. 
East,  §  3903. 
Easterly,  §  3903. 
From,  §  3907. 
Full  cash  value,  §  3617. 
Improvements,  §  3617. 
In,  §§  3906,  3907. 

Joint  authority,  majority  may  act,  §  15. 
Magistrate,  §  17. 

Masculine  includes  feminine  and  neuter,  §  17. 
Month,  §  17. 
North,  §  3903. 
Northerly,  §  3903. 

Oath  includes  affirmation  or  declaration,  §  17. 
On,  §§  3905,  3907. 
Peace  officer,  §  17. 
Person  includes  corporation,  §  17. 
Personal  property,  §  17,  3617. 
Plural  includes  singular,  §  17. 
Present  tense,  words  in,  §  17. 
Primary,  city,  §  1358 
Primary,  district,  §  1358. 
Primary,  local,  §  1358. 
Primary,  state,  §  1358. 
Process,  §  17. 
Property,  §§  17,  3617. 

Property  includes  realty  and  personalty,  §  17. 
Real  property,  §  17,  3617. 
Road  overseer,  §  2642. 
Seal,  §  14. 
Section,  §  17. 

Signature  includes  mark.  §  17. 
Singular  includes  plural,  §  17. 
South,  §  3903. 


WORDS   AND   PHRASES— WRECKS.  ^    1395 

Southerly,  §  3903. 

State  includes  what,  §  17. 

Subscription  includes  mark,  §  17. 

Technical,  construction  of,  §  16. 

Territories,  United  States  includes,  §  17. 

Testify,  what  includes,  §  17. 

To,  §§  3905,  3906,  3907. 

Transaction  of  business,  §  4116, 

United  States,  what  includes,  §  17. 

Up,  §  3906. 

Value,  §  3617. 

Vessel,  includes  what,  §  17. 

West,  §  3903. 

Westerly,  §  3903. 

Will  includes  codicil,  §  17. 

With,  §§  3905,  3906,  3907. 

Writ,  §  17. 

Writing  includes  printing  and  typewriting,  §  17. 

WRECKS.  Bond  of  claimant,  forfeiture  and  prosecution 
of,  §  2410. 

Bond  of  claimant  of  property  or  proceeds,  §  2409. 

Claim,  action  on,  salvage,  costs  and  expenses  to  be 
deducted.  §  2411. 

Claim,  rejection  of,  action  by  owner,  §  2411. 

Claimant  of  property  or  proceeds,  order  for  surrender 
of  property  to,  §  2408. 

Citizens  to  assist  stranded  vessels,  §  2403. 

Notice  of  wrecked  property,  contents  of  and  publica- 
tion of,  §  2417. 

Notices,  expenses  of  publishing  a  charge  against  prop- 
erty, §  2418. 

Owners  may  keep  or  reclaim,  §  2405. 

Sale  of,  disposal  of  proceeds,  §  2415. 

Sale  of,  disposition  of  proceeds,  §  2407. 

Sale  of,  manner  of,  §§  2507,  2508. 

Sale  of,  notice  of,  contents  of  and  publication  of, 
§  2416. 

Sale  of,  when  ordered,  §  2415. 

Sale  of,  where  property  in  perishable  state,  §  2407. 

Salvage  and  expenses,  contest  over,  costs  of,  §  2414. 

Salvage  and  expenses,  contest  over,  fees  and  expenses 
of  referees,  §  2414. 

Salvage  and  expenses,  disputed  claims  to,  proceedings 
to  settle,  §  2413. 


1396  WRECKS— YOSBMITE   VALLEY. 

Salvage  and  expenses,  not  to  be  deducted  unless  fixed 

by   court,   §   2415. 
Salvage  and   expenses,   presentment  of  statement  of, 

§   2412. 
Salvage  and  expenses,  sale  of  property  where  not  paid, 

§  2415. 
Salvage,  officers,  etc.,  entitled  to,  §  2404. 
Salvage,  must  not  exceed  one-half,  §  2404. 
Salvage,  property  detained  until  paid,  §  2404. 
Salvage  to  be  pail  before  property  reclaimed,  §  2405. 
Sheriffs  may    employ    persons    in   assisting    stranded 

vessels,  §  2403. 
Sheriffs  to  assist  stranded  vessels,  §  2403. 
Sheriff  to  take  possession  until  owner  found   and  to 

appraise,  §  2406. 

WRIT,  definition  of,  §  17. 

Issue  in  name  of  people,  §  30. 

WRITING,  application    for    reduction    of  taxes  to  be  in, 
§  3674. 
Appointment  of  deputies  to  be  in,   §   4113. 
Direction  to  sheriff  in,  §  4185. 
Includes  printing,   §   17. 

YEAR,  first  day  of,  §  3255. 

Half  year,  meaning  of,  §  3257. 

Leap   year,   §   3256. 

Meaning  of,    §    3257. 

Quarter  year,  meaning  of,   §   3257. 

School,  when  commences,  1878:  See  Schools,  XXIV. 

VERBA  BUENA  ISLAND,  part  of  San  Francisco,  §  3953. 

YOLO  COUNTY,  boundaries  and  county  seat,  §  3929. 

Legal   distance  from   county   seat  of  to   Sacramento, 

§   206. 
Salary  of   county  judge,   §   4329. 
Salary  of  district  attorney,  §  4330. 

YOSEMITE    VALLEY,   commissioners,   law   governing   ap- 

pointmont  and  term  of  office,  §  357. 

Commissioners,  number  and  appointment,  §  3584. 

Commis.sioners,    powers    and    duties    of,    where    pre- 
scribed, §  715. 


■SOSEMITE   VALLET— TUBA   COUNTY.  1387 

Commissicners,  powers  of,  generally,  §  3584. 
Commissioners,  report  of,  §  3586. 
Guardian  of,  appointrnent  and  term  of  oflSce,  §  3585. 
Guardian  of,  duties  and  compensation,  §  3585. 

YUBA  COUNTY,  boundaries  and  county  seat,  §  3925. 

Legal   di8tanc«   from   county    seat   of  to   Sacramento, 

9    207. 
Salary  of  county  judge,  §  432J. 
Salary  of  district  attorney,  §  4330. 


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